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

40.06 (1) Notice of appeal shall be given:

• (a) in an inmate appeal by giving the notice of appeal to the senior official of the institution in which the appellant is confined. The official shall transmit the notice of appeal to the clerk of the appeal court for the jurisdiction in which the proceeding appealed from was held. The official shall forthwith give to the inmate any documents that are transmitted to the inmate by the clerk of the appeal court, and shall inform the clerk of the appeal court of doing so.

• (b) in an appeal other than an inmate appeal,

  • (i) Where the appeal is by the defendant, by serving and filing with the clerk of the appeal court for the jurisdiction in which the proceeding appealed from was held, a copy of the notice of appeal with proof of service on the Attorney General, at the office designated for service of notice of summary conviction appeals in the region in which the trial was held,

  • (ii) Where the appeal is by the Attorney General, by filing with the clerk of the appeal court for the jurisdiction in which the proceeding appealed from was held, a copy of the notice of appeal, with proof of personal service on each respondent to the appeal, and

  • (iii) Where the notice of appeal raises a constitutional question as set out in section 109 of the Courts of Justice Act, by also serving

    • a. The Public Law Division, Constitutional Law Branch of the Ministry of the Attorney General; and,

    • b. The Attorney General of Canada at the Regional Office of the Public Prosecution Service of Canada at Toronto or at Ottawa.

(2) Except as ordered by a judge, a party serving a Notice of Appeal shall within the time specified in rule 40.05 file proof of service, by affidavit of the person who served it, or by a counsel of record’s written and dated admission or acceptance of service.

(3) Where a respondent cannot be found after reasonable efforts have been made to serve the notice of appeal, the appellant may apply for directions pursuant to subrule 40.03(2) without notice, to effect substituted service in the manner directed and within the period directed by a judge, pursuant to section 678.1 of the Code.

40.07 (1) Upon receipt of a notice of appeal, the clerk of the appeal court shall forthwith transmit a copy of it to the clerk of the trial court in the region or county in which adjudication was made.

(2) Upon receipt of a notice of appeal, the clerk of the trial court, unless it is otherwise ordered by a judge, shall transmit forthwith to the clerk of the appeal court all documents and exhibits which were before the trial court, including the information, all notices of motion or applications, motion records and facta.

(3) Notwithstanding subrule (2), currency, valuable securities, jewellery, narcotics and exhibits which are inherently dangerous (as for example, explosives) shall not be transmitted to the clerk of the appeal court unless material to the issues raised on appeal and a judge so orders.

(4) It shall be sufficient under subrule (2) for the clerk of the trial court to transmit to the clerk of the appeal court a certified copy of the information upon which trial proceedings took place, unless otherwise ordered by a judge.

(5) Upon receipt of the documents and exhibits from the trial court, the clerk of the appeal court shall make a copy of all the documents and exhibits that are capable of reproduction, and notify the appellant that they are available to be included in the appeal book to be prepared by counsel pursuant to rule 40.10.

(6) Where the exhibits transmitted are voluminous, the clerk of the appeal court may notify the parties to the appeal that an application for directions will be made to a judge regarding the exhibits, pursuant to subrule 40.03(2).