Manitoba Criminal Appeal Rules (SI/92-106)

Regulations are current to 2017-11-20 and last amended on 2010-07-01. Previous Versions

Manitoba Criminal Appeal Rules

SI/92-106

CRIMINAL CODE

Registration 1992-06-17

Manitoba Criminal Appeal Rules

  • * These rules are made under section 482 of the Criminal Code (Canada) and have been published in the Canada Gazette as required under subsection 482(4).

The annexed Rules were adopted at a meeting of the Judges of the Court of Appeal of Manitoba on May 1, 1992.

Interpretation and Definitions

  •  (1) The interpretation and definition sections of the Criminal Code (Canada) apply to these rules.

  • 1 (2) In these rules,

    court

    court means The Court of Appeal of Manitoba; (tribunal)

    initiating document

    initiating document means the first document filed to commence an appeal process and includes a notice of appeal and a notice of application for leave to appeal; (document introductif d’instance)

    judge

    judge means a judge of The Court of Appeal; (juge)

    registrar

    registrar means the registrar or deputy registrar of The Court of Appeal; (registraire)

    summary conviction appeal court

    summary conviction appeal court means the Court of Queen’s Bench sitting on appeal on a summary conviction matter; (tribunal d’appel des poursuites sommaires)

    trial judge

    trial judge includes a judge of the Court of Queen’s Bench or the Provincial Court. (juge de première instance)

Initiating Document Signed by Appellant

 An initiating document shall be signed by the appellant or his or her counsel or agent and shall be directed to the registrar.

Form of Initiating Document

  •  (1) An initiating document for an appeal by an accused shall be in Form 1 of the schedule and shall set out the following information:

    • (a) the offence(s) charged against the accused;

    • (b) the place where the trial was held;

    • (c) the date of conviction and of sentence;

    • (d) the court that made the conviction;

    • (e) the sentence imposed;

    • (f) the age of the accused;

    • (g) whether oral evidence was tendered at trial;

    • (h) whether the accused wishes to be present at the hearing of the appeal;

    • (i) the current mailing address of the accused; and

    • (j) the nature of and the reasons for the order that the accused intends to ask the court to make;

    but the court or a judge may make any order allowed by law, notwithstanding that it is not requested in the initiating document, or that proper reasons are not stated in the initiating document.

  • 3 (1.1) An initiating document for a Crown appeal shall be in Form 2 of the schedule in the case of an appeal from acquittal and in Form 3 of the schedule in the case of an appeal from sentence, and shall set out the following information:

    • (a) the offence(s) charged against the accused;

    • (b) the place where the trial was held;

    • (c) the date of acquittal or the date of sentence;

    • (d) the court that granted the acquittal or imposed the sentence;

    • (e) the age of the accused;

    • (f) in the case of an appeal from sentence, the sentence imposed upon the accused;

    • (g) in the case of an appeal from acquittal, whether oral evidence was tendered at trial; and

    • (h) the nature of and the reasons for the order that the Crown intends to ask the court to make;

    but the court or a judge may make any order allowed by law, notwithstanding that it is not requested in the initiating document, or that proper reasons are not stated in the initiating document.

  • 3 (2) Where an appeal is by an accused after a trial without a jury with respect to an indictable offence, the notice of appeal may include a request that, if a new trial is granted, the appellant be tried by judge and jury.

  • SI/2003-136, s. 2.

Notice of Appeal may be Included

  •  (1) Subject to subrule (2), a notice of appeal may be included in the same document when an application is made for leave to appeal, and no further notice of appeal is necessary if the application is granted.

  • 4 (2) If an application is made for leave to appeal from the summary conviction appeal court, a separate notice of appeal shall be filed within seven days after the order granting leave to appeal is made.

  • SI/2003-136, s. 3.

Leave to Appeal

  •  (1) Where an appeal is from a verdict or sentence in a trial by indictment and leave to appeal is required, leave to appeal may be sought

    • (a) on a motion for leave with appropriate supporting materials before a judge in chambers; or

    • (b) from the court in conjunction with the hearing of the appeal on its merits.

  • 4.1 (2) Where an appeal is from a decision of a summary conviction appeal court, leave to appeal shall be sought on a motion for leave filed no later than 30 days after the date of sentence or acquittal with appropriate supporting materials before a judge in chambers.

  • SI/2003-136, s. 3.

Filing of Initiating Document by Crown

  •  (1) Where an accused is the appellant or intended appellant, the initiating document shall be sent in quadruplicate by regular lettermail to the registrar, or filed in quadruplicate in the office of the registrar, no later than 30 days after the date of sentence.

  • 5 (2) The registrar shall retain one copy of the initiating document and without delay deliver the other copies to the Attorney General, to the trial court or summary conviction appeal court and to the trial judge.

  • SI/2003-136, s. 3.

Filing of Initiating Document by Crown

  •  (1) Where the Crown is the appellant or intended appellant, the Attorney General shall

    • (a) file the initiating document in duplicate with the registrar not later than 30 days after the date of sentence or acquittal; and

    • (b) serve the initiating document on the respondent in accordance with subrule 7(2).

  • 6 (2) The registrar shall retain one copy of the initiating document and without delay deliver one copy to the trial court or summary conviction appeal court.

Service Requirements

  •  (1) Subject to subrule (2), a notice required or authorized to be given by the Criminal Code (Canada) or these rules is deemed to be given if it is sent by regular lettermail to the last known address of the person to whom the notice is to be given.

  • 7 (2) Where the Crown is the appellant or intended appellant under section 676 of the Criminal Code (Canada), notice shall be

    • (a) personally served as soon as practicable on the respondent or on legal counsel who represents the respondent and is authorized to accept service;

    • (b) where the respondent is in custody, sent to the appropriate warden or jailer, who shall serve the notice personally on the respondent; or

    • (c) effected substitutionally in the manner and within the period directed by a judge.

  • 7 (3) A certificate signed by the warden or jailer as to the date of service is sufficient proof of service under subrule (2).

  • SI/2003-136, s. 4.

Certificate of Trial judge

 Where a trial judge grants a certificate under section 675 of the Criminal Code (Canada) that the case is a proper case for appeal, the appellant shall file the certificate with the registrar, along with a notice of appeal, within the time limit set out in subrule 5(1).

Judge’s notes proof of Evidence

 If evidence at a proceeding was not recorded in a manner that allows a transcript to be prepared, the presiding judge’s notes certified by him or her are prima facie proof of the evidence and conduct of the proceeding.

  • SI/2003-136, s. 5.

Certification of Transcript

 Where a transcript of the evidence and, where applicable, the charge to the jury are certified by the court transcriber, the certificate is prima facie proof of the accuracy of the transcript.

  • SI/2003-136, s. 5.

Ordering Transcript

  •  (1) If evidence at a proceeding was recorded in a manner that allows a transcript to be prepared, the appellant shall file with the registrar, at the time the initiating document is filed,

    • (a) confirmation from transcription services that the transcript has been ordered; or

    • (b) a letter to the registrar explaining why the transcript has not been ordered.

  • 11 (2) If the registrar accepts the letter of explanation, the registrar shall extend the time for the appellant to order the transcript and shall provide the appellant with written notice of the new deadline for ordering the transcript.

  • 11 (3) If the letter of explanation is not satisfactory to the registrar, the appellant may, no later than 10 days after being notified by the registrar, apply to a judge in chambers for an extension of time to order the transcript.

  • 11 (4) An appeal shall be deemed to be abandoned if

    • (a) the transcript is not ordered at the time the initiating document is filed and the time for ordering the transcript is not extended by the registrar or a judge; or

    • (b) the registrar or a judge extends the time for ordering the transcript but the transcript is not ordered within that extended time period.

  • 11 (5) The charges that may be made under subsection 682(4) of the Criminal Code (Canada) to obtain the transcript are the same as those fixed with regard to civil cases in the Court of Queen’s Bench.

  • 11 (6) The appellant shall pay for the transcript necessary for an appeal, except where the Crown, as respondent, agrees to assume responsibility for payment.

  • SI/2003-136, s. 5.

Notice of Application to Extend Time

 A notice of application to extend the time for appealing or for applying for leave to appeal under section 678 of the Criminal Code (Canada) shall contain the same information as required under subrule 3(1), and shall be given, dealt with by the registrar and proceeded with in the same manner as a notice of application for leave to appeal.

Retention of Documents, Exhibits by Trial Court

 Subject to rules 14 and 15, all documents, exhibits and other things connected with proceedings in a trial court shall be retained by the trial court for no less than 35 days after the disposition of the matter by acquittal, conviction and sentencing or otherwise, until a judge of the court in which the person was tried makes an order for their disposition.

Order re: Custody of Document, Exhibit

 The presiding trial judge, or a trial judge of the court in which a person is tried, may, during or after the trial, make a special order as to the custody or conditional release of a document, exhibit or other thing produced at the trial as the circumstances or their nature make desirable and proper, including an order that narcotics under the Narcotic Control Act (Canada) or restricted or controlled drugs under the Food and Drugs Act (Canada) and regulations be released to the custody of police officers to be held by them pending a possible appeal.

Release of Document, Exhibit

 The presiding trial judge, or a trial judge of the court in which a person was tried, may, after the trial, with the written consent, whether absolute or on terms, of counsel for the Crown and counsel for the accused, or the accused personally if he or she is unrepresented, release a document, exhibit or other thing produced at the trial to the person who produced it.

Further Order re: Restitution, etc.

 Where an initiating document is filed, a trial judge who, after a conviction, made an order for restitution, reimbursement, satisfaction or compensation for loss or damage,

  • (a) shall make such further order as is appropriate to secure the safe custody of property or money referred to in any such order while the operation of the order is suspended under the Criminal Code (Canada) pending appeal; and

  • (b) may stay a prior order for restitution, reimbursement, satisfaction or compensation for loss or damage.

Delivery of Material by Trial Court

  •  (1) On receiving a copy of an initiating document from the registrar under subrule 5(2) or 6(2), the trial court or summary conviction appeal court shall send to the registrar the court file together with all related documents, exhibits and other things that are in the control of the trial court or summary conviction appeal court.

  • 17 (2) Anything that is delivered to the court under subrule (1) shall be held in safekeeping under the direction of the registrar pending proceedings in the court, but the registrar may continue to store exhibits in space designated for that purpose by the Court of Queen’s Bench or the Provincial Court.

Attorney General to Prepare Appeal book

  •  (1) In cases involving an appeal as to acquittal or conviction, the Attorney General shall prepare and file an appeal book with the registrar

    • (a) within 30 days after the initiating document is filed, or as soon thereafter as practicable, if the Crown is the appellant; or

    • (b) within 30 days after the factum is filed by the appellant, or as soon thereafter as practicable, if the Crown is the respondent.

  • 18 (1.1) In cases involving an appeal of a sentence only, the Attorney General shall prepare and file the appeal book as soon as practicable after the initiating document is filed.

  • 18 (2) Where practicable, the Attorney General shall prepare and file with the registrar an appeal book in cases where an application for leave to appeal is made.

  • 18 (3) The Attorney General shall, immediately after filing an appeal book with the registrar,

    • (a) deliver a copy of the appeal book to the parties to the appeal or their counsel; or

    • (b) send a copy of the appeal book to the parties or their counsel by regular lettermail at their last known addresses.

  • 18 (4) The Attorney General shall have access, for the purpose of preparing an appeal book, to the court file and all documents, exhibits and other things that are delivered to the registrar under subrule 17(1).

  • 18 (5) An appeal book shall contain

    • (a) the initiating document;

    • (b) written exhibits relevant to the appeal;

    • (c) reasons for decision (whether or not contained in the transcript of evidence);

    • (d) pre-sentence reports and other exhibits on a sentencing hearing; and

    • (e) such other materials as may be necessary to enable the court to adjudicate the issues on appeal.

  • 18 (6) Where the court proceeds with an appeal hearing on an expedited basis, the Attorney General shall, where practicable, prepare and file an appeal book before the appeal hearing.

  • 18 (7) A party may file a supplementary appeal book containing materials relevant to the appeal that are omitted from the appeal book filed by the Attorney General.

  • SI/2003-136, s. 6.

Filing and Service of Factums on Sentence Appeal

 Where the issue on appeal is sentence only, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal,

  • (a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript of the sentencing hearing or, where a transcript is not required, the appeal book; and

  • (b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after being served with the appellant’s factum.

  • SI/2003-136, s. 7;
  • SI/2010-40, s. 1.

Filing and Service of Factums on Appeal re: Conviction, Acquittal

  •  (1) Where the issue on appeal relates to conviction, conviction and sentence or acquittal, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal,

    • (a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript at trial or, where a transcript is not required, the appeal book; and

    • (b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after service on the respondent of the appellant’s factum.

  • 20 (2) Where the court proceeds with an appeal hearing on an expedited basis the parties shall, where practicable, prepare and file their factums before the appeal hearing.

  • SI/2003-136, s. 8.

Extension of Time for Filing of Factum

 Except where the registrar has issued a notice under subrule 25(4), the time limit referred to in rule 19 or subrule 20(1) for filing an appellant’s factum or a respondent’s factum may be extended, either before or after the expiry of the applicable time limit,

  • (a) by the registrar if a written request to do so is made before the expiry of the applicable time limit and all other parties consent; or

  • (b) by a judge in chambers on a motion supported by an affidavit and with notice to all other parties.

  • SI/2003-136, s. 9;
  • SI/2010-40, s. 2.

Civil Rules to Apply

 A factum filed under rule 19, 20 or 21 shall be prepared in accordance with the Court of Appeal Rules (Civil and Language).

Case book

  •  (1) A party that intends to rely on a case book shall file three copies with the registrar.

  • 23 (2) The case book shall be filed

    • (a) by an appellant, within 14 days after the appellant files a factum;

    • (b) by a respondent, within 14 days after the respondent files a factum; or

    • (c) by an appellant and respondent that intend to rely on a joint case book, within 14 days after the respondent files a factum.

  • SI/2010-40, s. 3.

Argument of Unrepresented Party

 A person who is unrepresented by legal counsel may file a written argument with the registrar at any time before the day fixed for the hearing but is entitled to a hearing without filing a written argument or a case book.

Hearing Dates

  •  (1) The registrar shall fix the dates for court hearings and shall advise the parties of the dates.

  • 25 (2) [Repealed, SI/2010-40, s. 4]

  • 25 (3) Where the appellant’s factum is not filed within the time limits set out in these rules, the registrar or a judge may fix a date for hearing, and thereafter, the respondent shall have 30 days within which to file a factum.

  • 25 (4) Where

    • (a) the appellant’s factum is not filed within the time limits set out in these rules;

    • (b) no extension of time has been sought under rule 21 within three months after the receipt by the registrar of the transcript or, where a transcript is not required, the appeal book; and

    • (c) no date for a hearing has been set under subrule (3);

    the registrar shall notify counsel for the appellant, or the appellant, if unrepresented, that, unless the appeal is perfected in accordance with these rules within 30 days after the date of the notice, the appeal will be deemed to be abandoned.

  • SI/2003-136, s. 10;
  • SI/2010-40, s. 4.

Non-receipt of Transcript

 Where an appeal hearing is dependent upon a consideration of a transcript of trial proceedings and

  • (a) the transcript is not received by the registrar within four months after the initiating document is filed unless transcription services advises the registrar that the transcript has been ordered but will not be completed until a later date; or

  • (b) it appears to the registrar that the transcript has not been ordered or will not be available;

the registrar may notify the appellant that, unless the appeal is perfected in accordance with these rules within 30 days after the date of the notice, the appeal will be deemed to be abandoned.

  • SI/2003-136, s. 11.

Application of Queen’s Bench Rules

 Where the appellant or respondent obtains leave of the court to call further evidence at the hearing of the appeal, the attendance of a witness or the production of a document may be obtained in accordance with the applicable provisions in the Court of Queen’s Bench Rules, Manitoba Regulation 553/88, and all the provisions of those rules, so far as they are applicable, apply to the production of evidence on an appeal.

 [Repealed, SI/2003-136, s. 12]

Referral to Court

 A judge in chambers may refer an application for leave to appeal to the court for determination either separately or in conjunction with a hearing of the appeal on its merits.

Hearing of Appeal where Leave Granted

 Where the court grants an application for leave to appeal, it may immediately hear the appeal on its merits or direct that the case be placed on the list for hearing at such future time as the court determines.

Notice to Attorney General

 An application for judicial interim release pending appeal shall be made on no less than one clear day’s notice to the Attorney General unless the Attorney General agrees to a shorter period of notice.

Compliance with Rule 11 Required

 On an application for judicial interim release, where oral evidence was taken at trial, the appellant shall satisfy the judge that he or she has complied with the requirements of Rule 11.

  • SI/2003-136, s. 13.

Order Allowing Judicial Interim Release

 Where a judge determines that the appellant should be allowed judicial interim release on entering into a recognizance, the judge shall specify, in an order in Form 4 of the schedule, the amounts in which the appellant and his or her surety or sureties, if any, shall be bound on recognizance, and shall specify such conditions as may be appropriate, such as a date before which the hearing must be held.

  • SI/2003-136, s. 13.

Form of Recognizance

  •  (1) A recognizance ordered under rule 33 shall be in Form 5 or 6 of the schedule and may be declared before the registrar, who shall, subject to subrule (2), satisfy himself or herself as to its sufficiency.

  • 34 (2) Where Crown counsel advises that the Crown is satisfied as to the sufficiency of a recognizance, no further inquiry by the registrar is required.

  • SI/2003-136, s. 14.

Release of Appellant

  •  (1) The recognizances of an appellant and of his or her surety or sureties, if any, shall be filed with the registrar, who shall without delay, in Form 7 of the schedule, notify the warden, superintendent or jailer of the correctional institution in which the appellant is confined of the granting of judicial interim release and of the right of the appellant to be released from custody unless the appellant is detained for some other cause.

  • 35 (2) A notice under subrule (1), when received by the warden, superintendent or gaoler, is sufficient authority for him or her to release the appellant from custody.

  • SI/2003-136, s. 15.

Termination of Surety’s Obligations

  •  (1) A surety who suspects that an appellant is about to depart from the province contrary to a condition of the appellant’s recognizance or to fail to observe any other condition of the recognizance, may apply to the registrar for termination of his or her obligations as surety.

  • 36 (2) Where the obligations of a surety are terminated under subrule (1), the registrar shall issue a warrant for the apprehension of the appellant.

Committal of Appellant

 An appellant who is apprehended under a warrant issued under rule 36 shall be taken before a judge who shall, on verification of the information laid, commit the appellant to a correctional institution.

Revocation of Judicial Interim Release order

 At any time after an appellant is granted judicial interim release, a judge may, if he or she is satisfied that it is in the interests of justice to do so, revoke the order allowing judicial interim release, issue a warrant for apprehension of the appellant and order the appellant to be committed.

Notification to Attorney General

 Where a judge orders an appellant to be committed under rule 37 or 38, the registrar shall without delay notify the Attorney General of the order of committal.

Right of Surety to Apprehend Appellant

 Nothing in these rules affects the right of a surety to apprehend and surrender into custody an appellant for whose appearance the surety is bound.

Order that Recognizances be Estreated

 On a breach of recognizance by an appellant, a judge, after a hearing with notice to the sureties, may order the recognizances of the appellant and of the sureties to be estreated.

Effect of Non-compliance

 Non-compliance with these rules does not render a proceeding void, but where non-compliance occurs, the court may give such direction or make such order as it considers appropriate to give effect to the intent of these rules.

Extension of Time Limits

 The time limits set by statute or by these rules may, subject to the statute, be extended by the court or a judge of the court either before or after the expiry of the time limits.

 Rule 43 does not apply to the time limits for filing an appellant’s factum or a respondent’s factum, which may be extended only in accordance with rule 21.

  • SI/2010-40, s. 5.

Intervenors Entitled to Participate

 Where, in a trial proceeding that becomes the subject matter of appeal, intervenors have participated in accordance with The Constitutional Questions Act, the initiating document shall be delivered to the intervenors and they are entitled to participate in the same manner as the respondent.

Civil Rules Apply

 In matters not provided for in these rules, the Court of Appeal Rules, (Civil and Language), with necessary modifications, apply wherever they are applicable.

Repeal

 The Manitoba Criminal Appeal Rules, Regulation SI/89-55, made under the Criminal Code (Canada), are repealed.

Coming into Force

 This regulation comes into force on July 1, 1992.

May 1, 1992

THE COURT OF APPEAL:
R.J. SCOTT  C.J.M.
J.F. O’SULLIVAN   J.A.
C.R. HUBAND   J.A.
A.R. PHILP   J.A.
A.K. TWADDLE   J.A.
S.R. LYON   J.A.
B.M. HELPER   J.A.

SCHEDULE

FORM 1(Subrule 3(1))Notice of Appeal/Notice of Application for Leave To Appeal by Accused

IN THE MATTER OF (name of accused in full)(D.O.B. D/M/Y) convicted (or pleaded guilty) on the day of 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of , 20 before (name of judge) at the (name of court) in (court centre), and now in custody at (name of institution or penitentiary)

or

whose last known address is:

The accused intends to (appeal or apply for leave to appeal) to The Court of Appeal against the (conviction and/or sentence) on the following grounds:

And such further grounds as counsel may advise and This Honourable Court may permit.

The accused wishes to present his/her case and argument (in writing or by oral argument)

The accused (desires or does not desire) to be present in person at the hearing of the appeal.

WAS ORAL EVIDENCE TENDERED AT TRIAL?  YES  NO
HAS A TRANSCRIPT OF THE EVIDENCE WITH RESPECT TO CONVICTION AND/OR SENTENCE BEEN ORDERED FROM TRANSCRIPTION SERVICES?  YES  NO

Address for service for the accused is (Address of accused or counsel for accused)

DATED this day of , 20.

(Signature of accused or counsel for accused)

TO:The Registrar of The Court of Appeal
Law Courts Building
100E - 408 York Avenue
Winnipeg, MB R3C 0P9
AND TO:Manitoba JusticeORDepartment of Justice Canada
Criminal ProsecutionsCriminal Prosecutions
5th Floor - 405 Broadway301 - 310 Broadway
Winnipeg, MB R3C 3L6Winnipeg, MB R3C 0S6

FORM 2(Subrule 3(1.1))Notice of Appeal/Notice of Application for Leave To Appeal from Acquittal by Crown

IN THE MATTER OF (name of accused in full)(D.O.B. D/M/Y) acquitted on the day of , 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre)

Last known address of accused:

The Attorney General of the Province of Manitoba/The Attorney General of Canada, (appeals or applies for leave to appeal) to The Court of Appeal against the acquittal of the accused on the following grounds:

And such further grounds as counsel may advise and This Honourable Court may permit.

The Court will be asked to reverse the acquittal and

The address for service of the Attorney General is:

WAS ORAL EVIDENCE TENDERED AT TRIAL?  YES  NO

HAS A TRANSCRIPT OF ALL RELEVANT EVIDENCE BEEN ORDERED FROM TRANSCRIPTION SERVICES?  YES  NO

DATED this day of , 20.

Signature of counsel

TO:The Registrar of The Court of Appeal
Law Courts Building
100E — 408 York Avenue
Winnipeg, MB R3C 0P9
AND TO:The accused
AND TO:Counsel for the accused

FORM 3(Subrule 3(1.1))Notice of Appeal/Notice of Application for Leave To Appeal from Sentence by Crown

IN THE MATTER OF (name of accused in full)(D.O.B. D/M/Y convicted (or pleaded guilty) on the day of 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of , 20 before (name of judge) at the (name of Court) in (court centre), and now in custody at (name of institution or penitentiary)

or

whose last known address is:

The Attorney General of the Province of Manitoba/The Attorney General of Canada, (appeals or applies for leave to appeal) to The Court of Appeal against the sentence imposed on the accused on the following grounds:

And such further grounds as counsel may advise and This Honourable Court may permit. The Court of Appeal will be asked to impose a fit sentence.

The address for service of the Attorney General is:

HAS A TRANSCRIPT OF ALL RELEVANT EVIDENCE FROM THE SENTENCING HEARING BEEN ORDERED FROM TRANSCRIPTION SERVICES?  YES  NO

DATED this day of , 20.

Signature of counsel

TO:The Registrar of The Court of Appeal
Law Courts Building
100E — 408 York Avenue
Winnipeg, MB R3C 0P9
AND TO:The accused
AND TO:Counsel for the accused

FORM 4(Rule 33)Judicial Interim Release Order in the Court of Appeal

The Honourable)
) the day
)of 20
)
In Chambers)

In the matter of the appeal of (name of accused in full) convicted at (name of court) by (name of judge) on the day of 20, and sentenced on the day of 20, of (state the charge(s) in full) and now in custody at (name of institution or penitentiary)

[ ]LEAVE TO APPEAL (WHERE NEEDED) HAVING BEEN GRANTED

APPLICATION OF THE ABOVE-NAMED ACCUSED

[ ] DENIED[ ] WITHDRAWN[ ] GRANTED

[ ] BASED ON ACCUSED’S PERSONAL UNDERTAKING

OR

[ ] BASED ON ACCUSED’S RECOGNIZANCE $

[ ] WITH SURETY/SURETIES $

[ ] WITH CASH DEPOSIT $

OTHER CONDITIONS:

[ ]

KEEP THE PEACE AND BE OF GOOD BEHAVIOUR:

[ ]

REMAIN WITHIN:

[ ]

RESIDE AT:

[ ]

ABSTAIN FROM COMMUNICATING WITH:

[ ]

ABSTAIN FROM ALCOOL

[ ]

ABIDE BY ALL RULES AND REGULATIONS OF:

[ ]

ATTEND IN PERSON AT THE HEARING OF THE APPEAL AND REPORT TO THE CLERK OF THE COURT OF APPEAL, ROOM 330, LAW COURTS BUILDING, WINNIPEG, NO LATER THAN TEN MINUTES BEFORE THE SCHEDULED HEARING OF THE APPEAL

[ ]

THE ACCUSED OR COUNSEL FOR THE ACCUSED MUST CONFIRM THAT A TRANSCRIPT OF ALL APPLICABLE EVIDENCE HAS BEEN ORDERED WITH RESPECT TO CONVICTION AND/OR SENTENCING FROM TRANSCRIPTION SERVICES

[ ]

THE ACCUSED UNDERTAKES TO ABIDE BY THE RULES OF COURT FOR THE FILING OF A FACTUM AND TO PROCEED WITH A HEARING OF THE APPEAL, ON A DATE TO BE FIXED, NO LATER THAN THE DAY OF , 20

[ ]

OTHER

DATED this day of , 20 at Winnipeg, Manitoba.

FIAT:

J.A

FORM 5(Rule 34)Recognizance

WHEREAS (name of accused in full)(D.O.B. D/M/Y) was convicted on the day of , 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of , 20 by (name of judge) to (sentence imposed), and now in custody at (name of institution or penitentiary) and has appealed to The Court of Appeal, and has applied for judicial interim release pending the hearing and disposition of the appeal, and an order having been made allowing judicial interim release

 upon the accused giving an undertaking

or

 upon the accused entering into a recognizance

in the sum of $ with surety/sureties, each in the sum of $ and subject to the conditions specified in the attached order.

The accused now personally comes before me,

 to confirm in writing the undertaking

or

 to enter into the recognizance in the sum of $ be made and levied on the accused’s goods and chattels, lands and tenements to the use of Her Majesty the Queen, her heirs and successors, if the accused fails to abide by the conditions contained in the said order.

ANY NOTICES in connection with the appeal are to be addressed to the accused’s place of residence, namely

and no change of residence shall be made without notification to the registrar of The Court of Appeal.

DECLARED AND ACKNOWLEDGED before me this day of , 20, at Winnipeg, Manitoba.

RegistrarSignature of accused

FORM 6(Rule 34)Recognizance of Surety

WHEREAS (name of accused in full)(D.O.B. D/M/Y) was convicted on the day of , 20, of (state the charge(s) in full) before (name of judge) at the(name of court) in (court centre), and was sentenced on the day of , 20 by (name of judge) to (sentence imposed) and now in custody at (name of institution or penitentiary) and has appealed to The Court of appeal, and has applied for judicial interim release pending the hearing and disposition of the appeal, and an order having been made allowing judicial interim release upon the accused entering into a recognizance in the sum of $ with surety/sureties, each in the sum of $ and subject to the conditions as specified in the attached order.

(name of surety in full), now personally comes before me, to enter into a recognizance in the sum of $ , as surety, to be made and levied on the surety’s goods and chattels, lands and tenements to the use of Her Majesty the Queen, her heirs and successors, if the accused fails to abide by the conditions contained in the order.

DECLARED AND ACKNOWLEDGED before me this day of , 20, at Winnipeg, Manitoba.

Registrar(Signature of Surety)
(Address & Phone Number of Surety)

FORM 7(Rule 35)Direction for Release

IN THE MATTER OF (name of accused in full)(D.O.B. D/M/Y) convicted on the day of , 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of , 20 by (name of judge) to(sentence imposed), and now in custody at(name of institution or penitentiary). An order having been made admitting the accused to judicial interim release pending the hearing and disposition of the appeal

 upon the accused giving an undertaking

or

 upon the accused entering into a recognizance subject to conditions and with sureties as ordered.

I now notify you that the accused, having been allowed judicial interim release, has the right to be released from custody (unless he/she is detained for some other cause), pending the hearing and disposition of the appeal.

DATED this day of , 20 at Winnipeg, Manitoba.

Registrar of The Court of Appeal

TO: (The superintendent or warden of institution or penitentiary where the accused is in custody)

  • SI/2003-136, s. 16.

RELATED PROVISIONS

  • — SI/2010-40, s. 6

    • 6 The Manitoba Criminal Appeal Rules applicable before the day on which these Rules come into force continue to apply to all proceedings for which the initiating document was filed before that day.

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