Criminal Appeal Rules (SI/93-169)

Regulations are current to 2012-05-14

Criminal Appeal Rules

SI/93-169

CRIMINAL CODE

Registration 1993-08-25

Ontario Court of Appeal Criminal Appeal Rules

The Court of Appeal for Ontario, pursuant to subsections 482(1) and (3) of the Criminal CodeFootnote 1, with the concurrence of a majority of judges of that Court present for a meeting held for the purpose on May 7, 1993, hereby revokes the Ontario Court of Appeal Rules Respecting Criminal Matters — Part II, made on September 4, 1985, SI/85-205, Canada Gazette, Part IIFootnote 2, and makes the annexed Court of Appeal for Ontario Criminal Appeal Rules, effective September 1, 1993.

THE HONOURABLE C. L. DUBIN
Chief Justice on behalf of the Court of Appeal for Ontario

INTERPRETATION AND DEFINITIONS

Definitions

  • 1. (1) In these rules,

    “acquittal”

    “acquittal” includes,

    • (a) an order of the Ontario Court (General Division) that quashes an indictment or in any manner refuses or fails to exercise jurisdiction on an indictment, and

    • (b) an order of a trial court that stays proceedings on an indictment or quashes an indictment, where the Code provides a right of appeal from the order; (acquittement)

    “appellant”

    “appellant” includes an applicant for leave to appeal; (appelant)

    “civil rule”

    “civil rule” means a rule in the Rules of Civil Procedure, R.R.O. 1990, Reg. 194; (règle civile)

    “Code”

    “Code” means the Criminal Code (Canada); (Code)

    “convicted person”

    “convicted person” includes a person appealing a finding of guilt who has been granted a discharge under section 736 of the Code; (personne condamnée)

    “criminal panel”

    “criminal panel” means any panel of three judges assigned to hear criminal appeals in the week in which a matter is referred to a criminal panel under these rules; (tribunal siégeant en matière pénale)

    “inmate appeal”

    “inmate appeal” means an appeal by a person who at the time the notice of appeal is given is in custody and is not represented by counsel; (appel interjeté par un détenu)

    “judge”

    “judge” means the Chief Justice of Ontario, the Associate Chief Justice of Ontario or a judge of the Court of Appeal; (juge)

    “notice of appeal”

    “notice of appeal” includes a notice of application for leave to appeal; (avis d’appel)

    “Registrar”

    “Registrar” means the Registrar of the Court of Appeal and includes a deputy, associate or assistant Registrar. (greffier)

Application of the Code

  • (2) The interpretation sections of the Code apply to these rules.

Application to Young Offenders Act

  • (3) In appeals under the Young Offenders Act (Canada) these rules apply with necessary modifications.

Extraordinary remedies and summary conviction appeals

  • (4) These rules apply to appeals under sections 784 and 839 of the Code.

Matters not provided for

  • (5) Where matters are not provided for in these rules, the practice shall be determined by analogy to them.

Short title

Format

  • (7) The text of any document required by these rules, except the factum, may appear on one side or on both sides of the paper.