Criminal Proceedings Rules of the Manitoba Court of Queen’s Bench (SI/2016-34)

Regulations are current to 2017-11-20 and last amended on 2016-10-01. Previous Versions

Notice of Application and Service

Marginal note:Notice of application

 The application must be commenced by filing a notice of application in Form 3 of the schedule, which must state the subpoena, warrant or other order or determination to which the application relates.

Marginal note:Review of order

 If the subject of the application is the review of an order, the applicant must file and serve the notice of application within 30 days after the day on which the order was made.

Marginal note:Service of application

 The notice of application and any supporting materials must be served

  • (a) where the application includes an application for prohibition, by personal service on the Provincial Court of Manitoba judge, the justice of the peace or other person whose order is the subject of the application;

  • (b) where the applicant is Her Majesty the Queen, if the respondent is a self-represented accused, by personal service on the accused or, if the respondent is an accused represented by counsel, by service on that counsel; or

  • (c) where the applicant is the accused, by personal service on the prosecutor.

Required Documents, Brief and Book of Authorities

Marginal note:Documents required
  •  (1) The notice of application must be accompanied by

    • (a) a copy of the subpoena, warrant, conviction or other order or determination that is the subject of the application;

    • (b) a copy of the indictment or information that contains the charge to which the application relates;

    • (c) if there is no record or an incomplete record of the proceedings giving rise to the issuance of the subpoena, warrant, conviction or other order or determination that is the subject of the application, an affidavit of, or on behalf of, the applicant that includes the matters set out in subrule (2);

    • (d) a transcript of the proceedings giving rise to the issuance of the subpoena, warrant, conviction or other order or determination that is the subject of the application, including the reasons, if any, given by the Provincial Court of Manitoba judge or justice of the peace who issued the order; and

    • (e) a copy of any other material filed in the proceeding that gave rise to the application and that is necessary for the hearing and determination of the application.

  • Marginal note:Affidavit — paragraph (1)(c)

    (2) The affidavit referred to in paragraph (1)(c) must include

    • (a) a description of the status of the person making the affidavit and the basis of his or her knowledge of the matters deposed;

    • (b) a statement of the particulars of the charge to which the application relates, together with a date or dates scheduled for trial or preliminary inquiry in respect of that charge;

    • (c) a statement of all facts that are material to a just determination of the application that are not disclosed in any other materials filed in support of the application; and

    • (d) if the applicant seeks habeas corpus to obtain release from custody, a statement that the applicant is not required to be detained in custody in respect of any other matter.

Marginal note:Applicant’s brief and book of authorities

 Unless a judge directs otherwise, the applicant must file and serve a brief and book of authorities at least 30 days before the date of the hearing of the application.

Marginal note:Respondent’s brief and book of authorities

 Unless a judge directs otherwise, the respondent must file and serve a brief and book of authorities at least 14 days before the date of the hearing of the application.

PART 7Summary Conviction Appeals and Stays Pending Appeal

Rule 20 — Summary Conviction Appeals

Notice of Appeal

Marginal note:Appeal by prosecutor
  •  (1) A prosecutor who wishes to commence an appeal from an acquittal, order or sentence must file a notice of appeal in Form 8 of the schedule no later than 30 days after the day on which the acquittal, order or sentence under appeal is pronounced.

  • Marginal note:Appeal by defendant

    (2) A defendant who wishes to commence an appeal from a conviction or sentence must file a notice of appeal in Form 8 of the schedule no later than 30 days after the day on which the sentence is pronounced.

Marginal note:Address for service

 The appellant must state their address for service on the notice of appeal, including their telephone number, fax number and email address, if any.

Marginal note:Notifying Court of changes

 The appellant must notify the Court in writing of any change to the contact information in the notice of appeal.

Marginal note:Serving notice of appeal

 The appellant must serve the notice of appeal personally on the respondent no later than 30 days after the date on which it is filed.

Transcripts

Marginal note:Transcripts
  •  (1) A notice of appeal must be accompanied by a certificate from Manitoba’s transcription services confirming that at least three copies of the transcript of the proceedings have been ordered and that the order has been accepted.

  • Marginal note:Exception

    (2) Subrule (1) does not apply if

    • (a) the appellant has applied under rule 20.16 for a trial de novo; or

    • (b) the appeal is made under section 830 of the Code and based on a statement of agreed facts.

Marginal note:Transcripts — appeal against sentence

 If an appeal is only against the sentence, the appellant is not required to provide a transcript of the proceedings that does not pertain to the sentence.

Appearance in Assignment Court

Marginal note:Date of appearance

 Once the transcript of the proceedings that is the subject of the appeal has been filed with the Court,

  • (a) the appeal must be placed on the summary conviction appeal assignment court list; and

  • (b) the prosecutor must give the defendant notice of the court date by registered mail.

Marginal note:Time limits for filing documents

 The judge presiding at the summary conviction appeal assignment court must set time limits for filing and serving appeal books, factums and books of authorities.

Marginal note:Failure to appear

 If the appellant fails to appear personally or by counsel in the summary conviction appeal assignment court, the court may dismiss the appeal.

Appeal Book

Marginal note:Filing of appeal book by prosecutor

 The prosecutor is required to file an appeal book regardless of whether the prosecutor is the appellant or the respondent.

Marginal note:Contents of appeal book

 An appeal book must contain, in the following order,

  • (a) a table of contents;

  • (b) a copy of the information;

  • (c) a copy of the notice of appeal;

  • (d) all documentary exhibits relevant to the appeal;

  • (e) the reasons for the decision, whether or not they are contained in the transcript of evidence;

  • (f) if there is an appeal as to the sentence, pre-sentence reports and other exhibits that were filed at the sentencing hearing; and

  • (g) any other materials that may be necessary to enable the Court to adjudicate the issues on appeal.

Marginal note:Access to trial court records

 The prosecutor must have access, for the purpose of preparing an appeal book, to the court file and all documents and exhibits that are delivered to the registrar by the trial court.

Marginal note:Filing of supplementary appeal book

 A defendant may file a supplementary appeal book that contains materials relevant to the appeal that are omitted from the appeal book filed by the prosecutor.

Factums and Books of Authorities

Marginal note:Requirements
  •  (1) The appellant and the respondent are each required to file a factum and book of authorities, unless the judge presiding at the summary conviction appeal assignment court otherwise directs.

  • Marginal note:Contents of factum

    (2) Rule 5.08 applies to the factum.

 
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