Criminal Appeal Rules (SI/93-169)

Regulations are current to 2017-10-13

FORM A

NOTICE OF APPEAL FOR INMATE APPEAL
COURT OF APPEAL FOR ONTARIO
To: The Registrar
Name of appellant
Place of trial
Name of court1
Name of judge
Offence(s) of which convicted2
Plea at trial
Sentence imposed
Date of conviction
Date of imposition of sentence
Name and address of place at which appellant is in custody

I, the above named appellant, hereby give notice that I desire to appeal to the Court of Appeal against my3

on the grounds hereinafter set forth in this notice.

I desire to present my case and argument, whether it be for leave to appeal4 or by way of appeal where leave is not necessary5,

  • (a) in person; or

  • (b) in writing6.

If a new trial is ordered and you have a right to trial by jury do you wish trial by jury?

Dated this day of , 19

Signed7Appelant

Numbered instructions set out below refer to corresponding numbers on notice.
INSTRUCTIONS
1. Ontario Court (General Division) or Ontario Court (Provincial Division).
2. E.g. theft, forgery
3. If you wish to appeal against conviction, you must write the word “conviction”. If you wish to appeal against sentence, you must write the word “sentence”. If you wish to appeal both conviction and sentence, you must write the words “conviction and sentence”. If you are convicted of more than one offence and wish to appeal against some only of the convictions or sentences, you must state clearly the convictions or sentences against which you wish to appeal.
4. See item #1 in the Notes set out below.
5. Stroke out either (a) or (b).
6. If you desire to submit your case and argument in writing you may deliver your written argument with this notice of appeal or you may deliver your written argument within fourteen days after receipt by you of the report of the trial judge which will be sent to you later.
7. This notice must be signed by the appellant. If the appellant cannot read or write he or she must affix his or her mark in the presence of a witness. The name and address of the witness must be given.
NOTES
1. (1) If your appeal against conviction involves a question of law alone you have a right of appeal.
  • (2) If your appeal against conviction is upon any ground other than a question of law then you have no right of appeal unless leave is granted by the Court of Appeal.

  • (3) You have no right of appeal against sentence unless leave to appeal is granted by the Court of Appeal and your notice of appeal includes an application for leave to appeal.

2. (1) Whether your appeal is from conviction, sentence or both, this notice must be served within thirty days after the date of the sentence(s).
  • (2) If this notice is served beyond that time then you must apply for an extension of time by completing the application set out below.

  • (3) If you are in custody, this notice of appeal must be served by delivering it to the senior official of the institution in which you are confined.

APPLICATION FOR EXTENSION OF TIME

I hereby apply for an extension of time within which I may launch my appeal, upon the following grounds: (here state the reasons for delay)

Signed Date
The Appellant, (strike out inapplicable provisions)
  • (a) appeals against his or her conviction upon grounds involving a question of law alone;

  • (b) applies for leave to appeal his or her conviction upon grounds involving a question of fact alone or a question of mixed law and fact, and if leave be granted, hereby appeals against the conviction;

  • (c) applies for leave to appeal against sentence, and if leave is granted, hereby appeals against the sentence.

GROUNDS OF APPEAL

These must be filled in before the notice is sent to the Registrar. The appellant must here set out the grounds or reasons why he or she alleges the conviction should be quashed or the sentence reduced. If one of the grounds set out is “misdirection to the jury” by the judge, particulars of the alleged misdirection must be set out in this notice.

 
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