The Court of Appeal Criminal Appeal Rules (Saskatchewan) (SI/2011-9)

Regulations are current to 2017-10-13 and last amended on 2010-12-15. Previous Versions

The Court of Appeal Criminal Appeal Rules (Saskatchewan)

SI/2011-9

CRIMINAL CODE

Registration 2011-02-16

The Court of Appeal Criminal Appeal Rules (Saskatchewan)

The annexed Rules were made by the Court of Appeal for Saskatchewan pursuant to sections 482Footnote a and 482.1Footnote b of the Criminal CodeFootnote c.

Regina, Saskatchewan, November 25, 2010

COURT OF APPEAL FOR SASKATCHEWAN

The Honourable John Klebuc
Chief Justice of Saskatchewan
The Honourable Mr. Justice Stuart J. Cameron
The Honourable Mr. Justice William J. Vancise
The Honourable Madam Justice Marjorie A. Gerwing
The Honourable Mr. Justice J. Gary Lane
The Honourable Madam Justice Georgina R. Jackson
The Honourable Mr. Justice Robert G. Richards
The Honourable Madam Justice Gene Anne Smith
The Honourable Mr. Justice Ralph K. Ottenbreit
The Honourable Mr. Justice Neal W. Caldwell

PART ITitle and Interpretation

Marginal note:Title

 These rules may be cited as The Court of Appeal Criminal Appeal Rules (Saskatchewan).

Marginal note:Interpretation
  •  (1) In these rules:

    appellant

    appellant means the person who brings an appeal; (appelant)

    chief justice

    chief justice means the chief justice as defined in The Court of Appeal Act, 2000; (juge en chef)

    Code

    Code means the Criminal Code (Canada); (Code)

    court

    court means the Court of Appeal for Saskatchewan; (Cour)

    file

    file means to file with the registrar; (déposer)

    judge

    judge means a judge as defined in The Court of Appeal Act, 2000; (juge)

    Notice of Appeal

    Notice of Appeal means the document that commences an appeal; (avis d’appel)

    offender

    offender means a person convicted of an offence; (contrevenant)

    registrar

    registrar means the registrar as defined in The Court of Appeal Act, 2000; (registraire)

    represented

    represented means represented by counsel; (version anglaise seulement)

    respondent

    respondent means the person against whom the appeal has been brought. (intimé)

  • (2) The definitions in sections 2 and 673 of the Code apply to these rules.

PART IIPreliminary Matters

Marginal note:Purpose

 The purpose of these rules is to provide for the orderly and expeditious administration of justice in the court.

Marginal note:Application and scope

 These rules apply to:

  • (a) any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of the court and instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal, in accordance with subsection 482(1) and section 482.1 of the Code; and

  • (b) any appeal from conviction, acquittal, sentence or other order made pursuant to summary conviction proceedings, within the jurisdiction of the court, taken pursuant to The Summary Offences Procedure Act, 1990.

Marginal note:Application of civil rules

 Except where otherwise provided in the Code, a statute or these rules, The Court of Appeal Rules pertaining to the practice and procedure for civil matters, as amended from time to time, apply, where appropriate and with any necessary modification.

Marginal note:Practice directives

 The court may issue practice directives on any matter to which these rules apply.

Marginal note:Relief against strict compliance
  •  (1) Where it is in the interests of the proper administration of justice to do so, the court or a judge may waive compliance or relieve against non-compliance with these rules and direct the procedure to be followed.

  • (2) The court or a judge may enlarge or abridge the time periods fixed by these rules or by order on such terms as the case may require, and the order enlarging or abridging the time may be made before or after the fixed period has expired.

PART IIICommencing an Appeal and Counsel of Record

Marginal note:Commencing an appeal
  •  (1) An offender who wishes to appeal shall commence the appeal by filing a Notice of Appeal within 30 days after the date of the imposition of sentence.

  • (2) If the Attorney General wishes to appeal, the Attorney General shall commence the appeal by filing a Notice of Appeal within 30 days after the date of acquittal or the date of the imposition of sentence.

  • (3) For greater certainty, if an offender appeals from conviction, or conviction and sentence, including an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code:

    • (a) the period within which the offender must commence the appeal begins to run from the date on which the sentence is imposed; and

    • (b) the offender shall file one Notice of Appeal only.

Marginal note:Form A: Where offender is appellant
  •  (1) The Notice of Appeal in Form A is for all appeals commenced by or on behalf of an offender, whether represented or self-represented and whether in custody or not.

  • (2) The senior official of every penal institution shall, on request, supply to any inmate in that penal institution a copy of the Notice of Appeal in Form A for the inmate’s use.

  • (3) If an offender is self-represented when he or she submits a Notice of Appeal and subsequently retains counsel, the counsel may amend the Notice of Appeal or file a new Notice of Appeal at any time before the offender’s factum is filed by filing the amended Notice of Appeal or the new Notice of Appeal.

Marginal note:Form B: Where Attorney General is appellant

 The Notice of Appeal in Form B is for all appeals commenced by the Attorney General.

Marginal note:Counsel of record
  •  (1) A counsel who signs a Notice of Appeal on behalf of an offender is deemed to be the counsel of record.

  • (2) Until an appeal is set down for hearing, a counsel may withdraw by filing a notice in Form C, with proof of service in any manner permitted by Part Three of The Queen’s Bench Rules, of his or her intention to cease acting for the offender.

  • (3) After an appeal is set down for hearing, a counsel who wishes to withdraw shall apply to the court on three days’ notice for an order permitting the counsel to withdraw.

  • (4) On and after the expiry of 10 days from the date of filing of the notice in Form C or from the date of any court order obtained pursuant to subrule (3), no documents respecting the appeal are to be served on the counsel who has withdrawn pursuant to the notice, and service on that counsel is no longer deemed to be service on the offender.

PART IVRequisitioning Court File and Ordering Transcripts

Marginal note:Obligation to order transcript

 On the filing of a Notice of Appeal, the registrar shall:

  • (a) requisition the court file pertaining to the appeal from the court that heard the matter; and

  • (b) if, in the opinion of the registrar, based on the nature of the proceedings, a transcript is necessary, order a transcript of the proceedings or a part thereof.

PART VFactums: Requirement, Periods for Filing and Content

Marginal note:When factum required and number of copies
  •  (1) Subject to Rules 14 and 15, every appellant and respondent shall file a factum in accordance with these rules.

  • (2) If an appellant or respondent files a factum, he or she shall file four copies (being the original, which is unbound and un-perforated, and three copies), or more as the registrar may require.

Marginal note:No factum required from self-represented person

 No factum is required from a self-represented person, but that person may, at any time before the hearing of the appeal, file a written argument setting out the reasons why the decision appealed from should be set aside.

Marginal note:No factum required from Attorney General

 No factum is required from the Attorney General if the appellant is self-represented and appeals from a sentence alone, other than with respect to an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code.

Marginal note:Factum length

 Unless otherwise ordered by a judge, a factum shall not exceed 40 pages, excluding the table of contents, index and appendices required by these rules.

Marginal note:Periods for filing factums for sentence appeals

 If the appeal is from a sentence alone, other than an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code:

  • (a) the appellant shall file the appellant’s factum within 20 days after receipt of the transcript; and

  • (b) the respondent shall file the respondent’s factum within 10 days after receipt of the appellant’s factum.

 
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