New Brunswick Court of Queen’s Bench Summary Conviction Appeal Rules

SI/80-117

CRIMINAL CODE

Registration 1980-06-25

New Brunswick Court of Queen’s Bench Summary Conviction Appeal Rules

THE COURT OF QUEEN’S BENCH OF NEW BRUNSWICK

SUMMARY CONVICTION APPEAL RULES

 These rules apply to any appeal under Part XXIV of the Criminal Code commence on or after May 1, 1980 so far as not inconsistent with any provision of the Code.

  •  (1) The interpretation provisions of the Code shall, so far as relevant, be taken to apply to these rules.

  • (2) (a) “Appeal” means an appeal from a Summary Conviction Court pursuant to Part XXIV of the Code;

    • (b“Appeal Court” means the Court of Queen’s Bench of New Brunswick;

    • (c“Judge” means a judge of the Appeal Court;

    • (d“Clerk” means the Clerk of the Court of Queen’s Bench for the Judicial District where the trial was held;

    • (e“Code” means the Criminal Code of Canada.

  •  (1) Every Notice of Appeal under section 748 of the Code, shall be dated and signed by the Appellant, his counsel or agent, and shall be directed to the Clerk of the Appeal Court and shall set forth —

    • (a) the Summary Conviction Court that made the conviction or order appealed from or imposed the sentence appealed against;

    • (b) with reasonable certainty, the conviction or order appealed from or the sentence appealed against, including dates;

    • (c) whether the Appellant is imprisoned or at liberty and, if in gaol, the place of confinement;

    • (d) whether the Appellant desires to be present in person or by counsel on the hearing before the Appeal Court;

    • (e) the nature of the order the Appellant intends to seek with the grounds relied upon for relief; and

    • (f) the Appellant’s address for service.

  • (2) Where the Appellant is the defendant, the Notice of Appeal may be in Form 1 in the Appendix and where the Appellant is the prosecutor, the Notice of Appeal may be in Form 2 in the Appendix.

  •  (1) The Appellant shall within 30 days after the conviction or order was made or the sentence was imposed, whichever is the later date —

    • (a) where the Appellant is the prosecutor, serve the Notice of Appeal on the defendant or on such other person or in such manner as a Judge directs;

    • (b) where the Appellant is the defendant, serve the Notice of Appeal on the prosecutor; and

    • (c) file the Notice of Appeal with the Clerk.

  • (2) Any Notice of Appeal may be served on the prosecutor by sending the same by prepaid registered letter addressed to the Attorney General of New Brunswick, P.O. Box 6000, Fredericton, N.B.

  •  (1) The Appellant shall file in the office of the Clerk proof of service of the Notice of Appeal not later than seven days after the last day for service of the Notice of Appeal.

  • (2) A Judge may, before or after the expiration of the periods fixed in subsection 4(1) or 5(1), extend the time within which service and filing may be effected.