Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

40.02 Except as otherwise provided by the Code, any other Act of the Parliament of Canada or enactment made thereunder, this rule applies to appeals as defined in rule 40.01.

• 40.03 (1) Any time limited by this rule may be extended or abridged by a judge, before or after the expiration of the time prescribed, in accordance with rule 3.02, except that the time limited by subrule 40.16(1) for making an application under subsection 822(4) of the Code shall not be extended pursuant to rule 3.02.

• (2) Any party to an appeal or the clerk of the appeal court may apply to a judge for directions regarding the appeal, on notice to every other party.

• (3) Except in an inmate appeal, notice of an application to extend or abridge the time limit or for directions, unless on consent or otherwise ordered by a judge, shall be served on every other party or as otherwise specified by this rule.

• (4) Where an extension or abridgement of time relating to an inmate appeal is granted by a judge, the endorsement to that effect shall constitute an order extending or abridging the time.

• (5) Except for an application for release from custody under section 816 of the Code, any order provided for in rules 40-42 may be made with the consent in writing of the parties, without the attendance of counsel.

• 40.04 (1) The notice of appeal in an inmate appeal shall be in Form A to the Criminal Appeal Rules of the Court of Appeal for Ontario, with necessary modifications.

• (2) The notice of appeal in any other appeal by a convicted person shall be in Form 2.

• (3) A notice of appeal by the Attorney General shall be in Form 2, with necessary modifications.

• (4) All notices of appeal shall be:

  • (a) dated and signed by the appellant, or the counsel of record of the appellant, and

  • (b) directed to the clerk of the appeal court.

• (5) Where a notice of appeal raises a constitutional question as set out in section 109 of the Courts of Justice Act, the notice shall be titled “Notice of Appeal and Constitutional Question” and shall be served and filed in accordance with subrule 40.06(1).

• 40.05 (1) An appellant shall serve and file the notice of appeal,

  • (a) where the appeal is from a conviction or sentence or both, within 30 days after the day on which the sentence was imposed; or,

  • (b) in any other case, within 30 days after the day on which the adjudication under appeal was made.