APPLICATION OF RULES
82.02 (1) This rule applies to appeals under Part XXI, Part XXVI and under section 839 of the Code and to any other appeal filed in the Court in relation to any cause or matter processed in accordance with criminal procedures, so far as this Rule is not inconsistent with any provision of the Code or any other statute or any uniform rules of court made by the Governor in Council under subsection 482(5) of the Code.
(2) The provisions of this Rule relating to prisoner appeals, apply, with the necessary modifications, to an appeal by any person who, although not convicted, is detained in custody and appeals under section 672.72 of the Code.
APPLICATION OF CIVIL RULES
82.03 Any matter of procedure or practice not provided for by the Code or this rule shall be governed by this Rule of Civil Procedure in force from time to time.
NOTICE OF APPEAL
82.04 (1) An appeal shall be commenced by the issuing of a notice of appeal that sets out the grounds of appeal. In prisoner appeals the notice shall be in Form 82B. In all other appeals by a convicted person or by the Attorney General, the notice shall be in Form 82A.
(2) The senior official of every penal institution shall supply to any prisoner in custody, on request, notice of appeal forms for the prisoner’s use as well as a copy of this rule and all other forms as may be required for the prisoner’s use.
(3) Except where subsections (4), (5) and (6) apply, a notice of appeal
(a) from conviction, or conviction and sentence, or sentence only, shall be filed not later than 30 days after the date of the sentence; and
(b) from acquittal shall be filed not later than 30 days after the date of the acquittal.
(4) Where a person is acquitted of an offence but is convicted of an included offence, a notice of appeal from acquittal shall be filed not later than 30 days after the date of the sentence imposed in respect of the included offence.
(5) Where an appeal is to be taken in respect of one or more counts in an indictment, a notice of appeal from conviction, acquittal or sentence shall be filed not later than 30 days after the date of the acquittal or sentence, in respect of any count in the indictment.
(6) Where an appeal is to be taken under section 784 or 839 of the Code, a notice of appeal shall be filed not later than 30 days after the date of pronouncement of the decision in the court appealed from or, if the decision is reserved, after the date of the filing of written reasons for the decision.
FILING AND SERVICE OF NOTICE OF APPEAL
82.05 (1) In a prisoner appeal, the filing of a notice of appeal shall be effected by delivering the notice of appeal to the senior official of the penal institution in which the appellant is imprisoned. The senior official shall endorse on the document the date of receipt and shall then return a copy so endorsed to the appellant and forthwith forward the original to the Registrar.
(2) In all cases where the Attorney General is not the appellant, other than in a prisoner appeal, the filing of a notice of appeal shall be effected by
(a) filing the original and four copies of the notice of appeal with the Registrar; or
(b) sending the documents to the Registrar by prepaid registered mail.
(3) The Registrar shall, on receipt of a notice of appeal under subrules (1) and (2), effect service by forwarding a copy to the Attorney General and to the court appealed from.
(4) In an appeal by the Attorney General, the notice of appeal shall be filed with the Registrar. Service by the Attorney General on the respondent and other parties shall be effected within 30 days after such filing by
(a) personal service on the respondent;
(b) service on the respondent’s legal counsel if counsel accepts service on behalf of the respondent or if counsel already appears as counsel of record in the Court;
(c) service on the appropriate senior official of the penal institution if the respondent is in custody;
(d) verified facsimile transmission; or
(e) any other manner as may be directed by the Court or a judge of the Court.
(5) Proof of service of the notice of appeal, in appeals under sub-rule (4), shall be filed with the Registrar forthwith.
(6) A notice of cross-appeal shall be filed not later than 30 days after receipt by the cross-appellant of the notice of appeal and shall be served in accordance with this Rule.
- Date modified: