Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal

Version of section 63.07 from 2006-03-22 to 2010-04-30:


Marginal note:Transcript of Evidence

  •  (1) Except in a prisoner appeal, an appellant shall, forthwith after issuing a Notice of Appeal, forward to the clerk of the judicial district in which the proceeding was commenced a written request for preparation of the transcript required by subsection 682(2) of the Criminal Code to be furnished to the Court of Appeal.

  • (2) Subject to paragraph (3) in a prisoner appeal where the person appealing has a right of appeal or has been granted leave to appeal the Attorney General shall, forthwith after receiving the Notice of Appeal, forward to the clerk of the judicial district in which the proceeding was commenced a request for preparation of the transcript.

  • (3) Unless the Court of Appeal or a Judge orders otherwise, where an appeal is against sentence only the transcript shall be limited to

    • (a) evidence given and submissions made on the issue of sentence, and

    • (b) the reason for sentence given by the trial judge.

  • (4) The parties to an appeal may agree in writing or a Judge may, on motion, order that part of the transcript be omitted.

  • (5) The parties to an appeal may agree to a Statement of Facts in place of a transcript of evidence and the exhibits.

  • (6) Where an agreement or order is made under paragraph (3), (4) or (5) the appellant or Attorney General shall modify or withdraw his request for preparation of a transcript.

  • (7) When the evidence has been transcribed, the court reporter shall forthwith

    • (a) forward the original transcript to the Registrar, and

    • (b) notify

      • (i) the parties to the appeal, and

      • (ii) the clerk, if the trial was held in the Court of Queen’s Bench, or

      • (iii) the trial judge, if the trial was held in the Provincial Court.

  • (8) Unless ordered otherwise, within 15 days after being notified that the evidence has been transcribed

    • (a) the clerk, if the trial was held in the Court of Queen’s Bench, or

    • (b) the trial judge, if the trial was held in the Provincial Court,

    shall forward to the Registrar the original file.

  • (9) The charges payable by a party to an appeal for a copy or transcript of any material prepared under subsections 682(2) and (3) of the Criminal Code are the fees prescribed under the Court Reporters Act.

  • SI/94-41, s. 6
  • SI/97-125, s. 1

Date modified: