Yukon Territory Court of Appeal Criminal Appeal Rules, 1993

SI/93-53

CRIMINAL CODE

Registration 1993-04-07

Yukon Territory Court of Appeal Criminal Appeal Rules, 1993

The Appeal Court of the Yukon Territory, pursuant to section 482Footnote * of the Criminal Code and with the concurrence of the majority of the judges of that Court present at a meeting held for that purpose on March 12, 1993, hereby revokes the Criminal Appeal Rules, Yukon Territory, 1973Footnote **, and the Yukon Criminal Appeal Rules, 1986Footnote ***, and makes the annexed Yukon Territory Court of Appeal Criminal Appeal Rules, 1993.

March 12, 1993

HONOURABLE ALLAN McEACHERN
Chief Justice of the Yukon Territory on behalf of the Court of Appeal of the Yukon Territory

SHORT TITLE

 These Rules may be cited as the Yukon Territory Court of Appeal Criminal Appeal Rules, 1993.

INTERPRETATION

  •  (1) In these Rules,

    “appeal”

    “appeal” includes an application for leave to appeal; (appel)

    “appellant”

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

    “court”

    “court” means a Court of Appeal; (Cour)

    “defendant”

    “defendant” means a person who has been convicted, been sentenced or had some other order, finding or determination made against the person; (défendeur)

    “file”

    “file” means to file with the registrar in a registry of the court; (déposer)

    “justice”

    “justice” means a justice of appeal; (juge)

    “notice of appeal”

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

    “order under appeal”

    “order under appeal” means the conviction, acquittal, sentence, finding, determination or order in respect of which the appeal is brought; (ordonnance frappée d’appel)

    “registrar”

    “registrar” includes

    • (a) an assistant, associate or deputy registrar of the court, and

    • (b) any person appointed by the chief justice to temporarily carry out the duties of the registrar; (greffier)

    “respondent”

    “respondent” means

    • (a) the prosecutor, where the appellant is the defendant, and

    • (b) the defendant, where the appellant is the prosecutor. (intimé)

  • (2) The definitions in sections 2 and 673 of the Criminal Code apply to these Rules.

APPLICATION OF COURT RULES AND PRACTICE DIRECTIVES

  •  (1) The Court of Appeal Rules, Yukon Territory, 1974 (Civil), as amended from time to time, apply to appeals on matters that are not expressly provided for in these Rules.

  • (2) The court may issue practice directives on any matter respecting appeals.

  • (3) On an appeal, the court or a justice may give all directions respecting the conduct of the appeal that the court or justice considers necessary.

  • (4) The court and a justice have, in relation to an appeal, all the powers that they have under the Court of Appeal Act, S.Y.T. 1986, c. 37, and under the rules made under that Act, with any necessary changes as may be applicable.