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

Regulations are current to 2017-11-20

Negotiations on Size of Appeal Book and Transcript

  •  (1) The appellant and respondent shall attempt to reduce the bulk of the appeal book and transcript by excluding from them material, including evidence, that is unnecessary for a proper hearing of the appeal.

  • (2) The appellant or respondent may suggest to the other party what material ought to be excluded from the appeal book or transcript.

  • (3) The appellant or respondent, on two days’ notice, may take out an appointment with the registrar to settle the appeal book or transcript.

  • (4) The registrar may give directions respecting what should be included or deleted from the appeal book or transcript.

  • (5) The appellant or respondent may appeal a direction of the registrar to a justice and the justice may refer the question to the registrar of the court appealed from or to a judge of that court.

Factums

  •  (1) Unless otherwise directed by the registrar, the appellant shall file four copies of his factum and deliver a copy of it to the respondent within 30 days of filing the appeal book and transcript.

  • (2) Unless otherwise directed by the registrar, the respondent shall file four copies of his factum and deliver a copy of it to the appellant within 30 days of receiving the appellant’s factum.

  • (3) Where the appellant wishes to reply to the respondent’s factum, he shall file his factum in reply within seven days of receiving the respondent’s factum and promptly deliver a copy of it to the respondent.

  • (4) Factums shall comply with Form 6 and the requirements set out in that form.

  • (5) The registrar shall not accept a factum for filing that does not substantially comply with Form 6.

  • (6) Factums shall not

    • (a) contain irrelevant material; or

    • (b) reproduce any matter that is contained in the appeal book or transcript, where reference to the material or matter will reasonably suffice.

  • (7) The index page of the appellant’s factum shall, where counsel estimates the hearing of the appeal will exceed one day, contain the following endorsement:

    “After consultation with counsel for the respondent, I consider that the hearing of this appeal should take . I consider that the presentation of my argument will take .”

PART IIISentence Appeals

Sentence Appeals with Counsel

 In an appeal against sentence, the appellant shall file four copies of the sentence appeal material as may be required by the registrar and serve one copy of the material on the respondent.

Post sentence reports

 The court may order preparation of a post sentence report relating to a person in respect of whom an appeal against sentence has been brought.

PART IVOther Pre-hearing Matters

Summary Dismissal for Want of Prosecution or Failure to Comply with Rules

  •  (1) Where the appellant fails to

    • (a) diligently pursue his appeal, or

    • (b) comply with these rules,

    the respondent may apply to the court or, on an appeal where leave is required, to a justice, for an order that the appeal be dismissed.

  • (2) On an application under subrule (1) or a reference under subrule (3),

    • (a) the court may dismiss the appeal or make any other order it considers just; or

    • (b) where the appeal required leave and leave has not yet been granted, the court or a justice may dismiss the appeal or make any other order that is considered just.

  • (3) Where the registrar considers that the appellant has failed to diligently pursue the appeal or has failed to comply with these rules, he may refer the matter to the court or a justice.

  • (4) Where the registrar makes a reference under subrule (3),

    • (a) he shall serve the appellant and respondent with two days’ notice of the hearing of the reference; and

    • (b) the grounds in Rule 17(3)(a) and (b) for not requiring service on an unrepresented appellant apply.

Abandonment

  •  (1) An appellant may abandon an appeal by

    • (a) signing and filing a notice in Form 11; or

    • (b) informing the court in person or by counsel that he desires to abandon it.

  • (2) A signature in a notice under subrule (1)(a) shall be witnessed.

Pre-hearing Conference

  •  (1) At any time after the notice of appeal has been filed, the court or a justice may direct a pre-hearing conference.

  • (2) Where a direction is made under subrule (1), the parties or their counsel or solicitors shall attend before a justice at the time and place directed to consider

    • (a) the reduction in the size of the appeal book or transcript;

    • (b) the simplification or isolation of issues on the appeal;

    • (c) the fixing of the time for hearing of the appeal;

    • (d) the conduct of the hearing of the appeal; and

    • (e) any other matter that might expedite the appeal.

  • (3) After a pre-hearing conference, the justice who held it may make a direction on any matter referred to in subrule (2)(a) to (e) and that direction shall govern the conduct of the appeal unless the court or a justice otherwise orders.

Time Limits

 The court or justice may extend or shorten the time within which the giving of any notice or the doing of any act required by these rules may be done, notwithstanding that the application for the extension or the order granting it is made after the expiry of the time in respect of which the application to extend is made.

Applications to the Court or a Justice

  •  (1) A party who wishes to make an application to the court or a justice shall do so on two clear days’ notice to the other party to the appeal, unless the court or a justice otherwise orders.

  • (2) The applicant shall file a copy of the notice of appeal with his application together with the material upon which he relies, verified by affidavit, unless the court or a justice otherwise orders, and he shall serve all material, including the affidavits, on the other party to the appeal.

  • (3) Where an appellant is not represented by counsel, the court or a justice may dispense with service of the material where

    • (a) the appellant did not state any address for service on his notice of appeal; or

    • (b) the respondent establishes that the appellant’s address for service was fictitious.

Non-compliance with Rules

 A court or a justice may permit non-compliance with any rule subject to terms and conditions that the court or a justice thinks fit.

PART VRelease from Custody

Procedure on Release Application

  •  (1) On an application for release under section 679 of the Criminal Code, the appellant shall file an application in Form 8 and the material referred to in subrule (2) and serve a copy thereof on the prosecutor.

  • (2) The application shall be accompanied by an affidavit verifying the facts on which the appellant relies in support of his application including the following:

    • (a) a statement of all places where he has resided for the three year period preceding the date that he was sentenced;

    • (b) the place where he intends to reside if he is released;

    • (c) the name of his employer and the place of his employment where he was employed before being placed in custody;

    • (d) his employment prospects if released;

    • (e) the names and addresses of his relatives or other persons who may serve as prospective sureties;

    • (f) a statement of any criminal convictions during the five years preceding his conviction on the offence from which he is appealing, specifying the offences and sentences imposed.

  • (3) The appellant may accompany his application with any other material that he considers will be relevant to the application.

  • (4) Unless a justice otherwise orders, submissions on an application under this section by an appellant who is not represented by counsel shall be in writing.

  • (5) Upon the appellant complying with an order for release,

    • (a) the registrar or other person authorized by the registrar, in a case where an undertaking is ordered, or

    • (b) a justice of the peace who took the recognizance, in any other case,

    shall issue a notice of release in Form 9 to the person having custody of the appellant.

  • (6) The release order, undertaking, recognizance and any money or valuable security deposited under the recognizance shall be filed or deposited with the registrar.

  • SI/91-81, s. 7.
 
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