British Columbia Court of Appeal Criminal Appeal Rules, 1986 (SI/86-137)

Regulations are current to 2017-10-13

FORM 6 — FACTUM[Rule 10]

Cover Page(Coloured buff for appellant’s factum. Coloured green for respondent’s factum.)

Court of Appeal File Number:

Registry

Court of Appeal

ON APPEAL FROM: (State court or judge from whose order the appeal is brought, together with the date that the order was pronounced.)

(Style of Cause)

BETWEEN:

REGINA

(Respondent/Appellant)

AND:

(Appellant/Respondent)

Appellant’s (Respondent’s) Factum

(Name of counsel for appellant)

Counsel

(Name of counsel for respondent)

Counsel

INDEX(The index is printed on the right side of the factum. All pages in the remainder of the factum are printed on the left. Pages should be numbered consecutively beginning at the first page of Part 1. The factum shall be double spaced, except for excerpts from an authority or a reproduction of an enactment, which shall be single spaced.)

INDEX
PARTPAGE
PART 1

STATEMENT OF FACTS

PART 2

ERRORS IN JUDGMENT (Appellant’s factum)

ISSUE(S) ON APPEAL (Respondent’s factum)

PART 3

ARGUMENT

PART 4

NATURE OF ORDER SOUGHT

APPENDICES (if any)
LIST OF AUTHORITIES

(State page where applicable Part begins.)

PART 1In Parts 1 to 4, the left margin shall have printed numbers that correspond to the appropriate line of that page.)

1

Part 1 - Statement of Facts

(In the appellant’s factum, this Part shall consist of a concise statement of the course of the proceedings and the facts of the case. Each paragraph of this Part shall be consecutively numbered.

In the respondent’s factum, this Part shall consist of the respondent’s position with respect to the appellant’s statement of facts together with a concise statement of any other facts that the respondent considers relevant.

In each factum, the course relied on for a statement of fact (e.g. testimony and exhibit or the reasons for judgment) should be identified by referring to the page and lines of the appeal book or transcript.)

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

PART 2

1

PART 2Errors in Judgment (Appellant’s Factum)(or)Issue(S) on Appeal (Respondent’s Factum)

(In the appellant’s factum, this Part shall consist of a concise statement that sets out clearly and particularly in what respect the charge to the jury or the judgment or order appealed from is alleged to be in error.

In the respondent’s factum, this Part shall consist of a statement of the respondent’s position in regard to the points put in issue in the appellant’s factum and of any other points that the respondent may properly put in issue.)

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

PART 3

1

PART 3Argument

(In each factum, this Part shall consist of a concise outline of the argument setting out the points of law or fact to be discussed, with a particular reference to the page and lines of the appeal book or transcript and the authorities in support of each point.

Where an enactment is cited or relied on, it may be briefly reproduced in this Part, but it shall be reproduced

  • (a) as an appendix to the factum, or

  • (b) as a separate volume having covers the same colour as the appropriate factum and be filed at the same time as that factum.)

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

PART 4

1

PART 4Nature of Order Sought

(This Part shall consist of a concise statement of the nature of the order that the party preparing the factum desires the court to make.)

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

LIST OF AUTHORITIES

1

List of Authorities

(Following any appendices, there shall be listed in alphabetical order all authorities that are referred to in the factum. After each authority the page or pages in the factum at which the authority is referred to shall be cited. All citations of an authority that are known by counsel shall be given and, when an authority is a decision of the Supreme Court of Canada, the Supreme Court Reports’ citation shall be given first.)

PAGE(S)
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
  • SI/91-81, s. 17.
 
Date modified: