Manitoba Criminal Appeal Rules (SI/92-106)
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Regulations are current to 2013-04-29 and last amended on 2010-07-01. Previous Versions
Certificate of trial judge
8 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
9 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
10 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
11 (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
12 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.
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