Manitoba Criminal Appeal Rules (SI/92-106)

Regulations are current to 2017-10-13 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.
 
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