Prince Edward Island – Criminal Appeal Rules of Court (SI/2011-109)

Regulations are current to 2017-10-13 and last amended on 2014-06-23. Previous Versions

Appeal Book

  •  (1) Subject to subsection (3), the appellant shall prepare an appeal book which shall contain, where applicable, in the following order:

    • (a) an index;

    • (b) a copy of the notice of appeal and notice of cross-appeal;

    • (c) a copy of any order respecting the conduct of the appeal;

    • (d) a copy of the information or indictment;

    • (e) a copy of any decision or order of the trial court that is the subject of the appeal or related to it and which is not included in the transcript;

    • (f) a copy of any agreed statement of facts entered at the trial or agreed to under this Rule;

    • (g) any agreement to limit the contents of the transcript or the appeal book;

    • (h) a list of all exhibits;

    • (i) a copy of each documentary exhibit or electronic information entered into evidence, indexed and numbered as at the trial, including affidavits and written admissions; and

    • (j) any other item that was before the trial court which the appellant deems necessary for the appeal.

  • (2) In the case of an appeal against sentence, in addition to the items mentioned in subsection (1) there shall be filed

    • (a) a copy of any pre-sentence report and victim impact statement;

    • (b) a copy of any restitution, probation or conditional sentence order or any other order that is the subject of the appeal;

    • (c) a copy of the offender’s criminal record if one is entered at the trial;

    • (d) any medical or psychiatric reports filed at the time of sentence; and

    • (e) a copy of any exhibits entered at the sentencing and not at the trial.

  • (3) Where the appeal is a prisoner appeal, the Attorney General shall, unless otherwise ordered by the Court, prepare the appeal book required under this section and shall forward a copy of it to the appellant free of charge.

  • (4) The respondent may file an appeal book.

  • (5) The parties to an appeal may agree in writing to omit from the appeal book anything the parties consider unnecessary to an appeal.

  • (6) A judge may order that a party may omit anything from an appeal book.

  • (7) The Registrar may refuse to accept an appeal book that does not comply with these Rules or that is not legible.

Factums

Appellant’s Factum

  •  (1) An appellant shall prepare an appellant’s factum unless

    • (a) the appellant is not represented by counsel and has stated in the notice of appeal that he or she desires to present oral argument only; or

    • (b) the Court orders otherwise.

  • (2) The appellant’s factum shall be signed by the appellant, the appellant’s counsel, or on counsel’s behalf by someone he or she has specifically authorized, and shall consist of

    • (a) Part I, containing a concise summary of the facts relevant to the issues in the appeal, including identification of the trial court and the result in the trial court, with reference to the evidence by page and line of the transcription;

    • (b) Part II, containing a concise statement setting out clearly and particularly the points in issue in the appeal;

    • (c) Part III, containing a concise statement of the argument, law and authorities relied on;

    • (d) Part IV, containing a statement of the order that the Court will be asked to make; and

    • (e) Schedule A, containing a list of the authorities relied on; and

    • (f) Schedule B, containing

      • (i) an index,

      • (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues in the appeal, of the authorities relied on, and

      • (iii) all relevant provisions of statutes, regulations and by-laws, with each authority.

Respondent’s Factum

  •  (1) The respondent shall prepare a respondent’s factum unless

    • (a) the respondent is not represented by counsel and has given notice that he or she desires to present oral argument only; or

    • (b) the Court orders otherwise.

  • (2) The respondent’s factum shall be signed by the respondent, the respondent’s counsel, or on counsel’s behalf by someone he or she has specifically authorized, and shall consist of

    • (a) Part I, containing a statement of the facts in the appellant’s summary of relevant facts that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with such reference to the evidence by page and line of the transcript as is necessary;

    • (b) Part II, containing the position of the respondent with respect to each issue raised by the appellant, immediately followed by a concise statement of the law and the authorities relating to that issue;

    • (c) Part III, containing a statement of any additional issues raised by the respondent, the statement of each issue to be immediately followed by a concise statement of the law and the authorities relating to that issue;

    • (d) Part IV, containing a statement of the order that the Court will be asked to make;

    • (e) Schedule A, containing a list of the authorities relied on; and

    • (f) Schedule B, containing

      • (i) an index,

      • (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues in the appeal, of the authorities relied on, and

      • (iii) all relevant provisions of statutes, regulations and by-laws.

Perfecting Appeals

  •  (1) Subject to subsection (2), within 30 days after being notified that the evidence has been transcribed or, if no evidence is to be transcribed, within 30 days after the issue of the notice of appeal, an appellant shall serve on each party a copy of the appeal book, and a copy of the appellant’s factum, if one is required, and file with the Registrar

    • (a) if the notice of appeal was served under subsection 82.05(4), the original notice of appeal with proof of service;

    • (b) four copies of the appeal book,

    • (c) four copies of the appellant’s factum, if one is required, and

    • (d) a certificate that service has been made under paragraphs (a) and (b) where applicable.

  • (2) Where the appeal is a prisoner appeal, within the time prescribed by subsection (1)

    • (a) the Attorney General shall file with the registrar four copies of the appeal book,

    • (b) the appellant shall file with the Registrar five copies of the appellant’s factum, if one is required, and

    • (c) the registrar shall forward to the respondent a copy of the appellant’s factum, if any.

  • (3) Within 30 days after service of the appellant’s factum, the respondent shall

    • (a) file with the registrar four copies of the respondent’s factum, if one is required; and

    • (b) serve on each party a copy of the respondent’s factum, if one is required.

  • (4) When subsection (1) or (2) is complied with, the appeal is perfected and the Registrar, under the direction of the Chief Justice, may, as appeals are perfected, set times for the hearing thereof and in so doing shall have regard as much as possible to advice from the parties or their counsel as to the probable length of the hearing and convenient dates thereof.

Hearing of Appeals

  •  (1) The Registrar shall give each party notice of the time set for the hearing of an appeal under subsection 82.14(4).

  • (2) The Registrar shall file a certificate in Form 82F indicating that each of the parties has been notified as required by subsection (1) and such certificate shall be prima facie evidence that such notice has been received by the parties.

  • (3) On the hearing of an appeal the appellant and the respondent shall be restricted in their argument to the grounds set out in their respective notices of appeal and factums unless leave of the court is obtained to argue matters not set out in their grounds of appeal or factums.

  • (4) On application by any party to an appeal, the Court or a judge, may, in special circumstances, order an early hearing of an appeal and may give any necessary directions.

 
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