Abandonment

  •  (1) An appellant may abandon an appeal by

    • (a) signing and filing a notice in Form 11; or

    • (b) informing the court in person or by counsel that he desires to abandon it.

  • (2) A signature in a notice under paragraph (1)(a) shall be witnessed.

Pre-hearing Conference

  •  (1) At any time after the notice of appeal has been filed, the court or a justice may direct a pre-hearing conference.

  • (2) Where a direction is made under subrule (1), the parties or their counsel shall attend before a justice at the time and place directed, to consider

    • (a) the reduction in size of the appeal book or transcript;

    • (b) the simplification or isolation of issues on the appeal;

    • (c) the fixing of the time for the hearing of the appeal;

    • (d) the conduct of the hearing of the appeal; and

    • (e) any other matter that might expedite the appeal.

  • (3) After a pre-hearing conference, the justice who held it may make a direction on any matter referred to in paragraphs (2)(a) to (e) and that direction shall govern the conduct of the appeal unless the court or a justice orders otherwise.

Time Limits

 The court or a justice may extend or shorten the time within which the giving of any notice or the doing of any act required by these Rules may be done, notwithstanding the application for the extension or the order granting it having been made after the expiration of the time in respect of which the application to extend is made.

Applications to the Court or a Justice

  •  (1) A party who wishes to make an application to the court or a justice shall do so on two clear days’ notice to the other party to the appeal, unless the court or a justice orders otherwise.

  • (2) The applicant shall file a copy of the notice of appeal with his application and the material on which he relies, verified by affidavit, unless the court or a justice orders otherwise, and he shall serve all material, including the affidavits, on the other party to the appeal.

  • (3) Where an appellant is not represented by counsel, the court or a justice may dispense with service of the material where

    • (a) the appellant did not state any address for service on his notice of appeal; or

    • (b) the respondent establishes that the appellant’s address for service was fictitious.

Non-compliance with Rules

 A court or a justice may permit non-compliance with any Rule, subject to such terms and conditions the court or justice thinks fit.

PART 5RELEASE FROM CUSTODY

Release Applications

  •  (1) In the case of an application for release under section 679 of the Criminal Code, the appellant shall file an application in Form 8 and the material referred to in subrule (2) and shall serve a copy thereof on the prosecutor.

  • (2) The application shall be accompanied by an affidavit verifying the facts on which the appellant relies in support of his application, including:

    • (a) a statement of all places where he has resided for the three year period preceding the date on which he was sentenced;

    • (b) the place where he intends to reside if he is released;

    • (c) the name of his employer and the place of his employment, if any, before being placed in custody;

    • (d) his employment prospects if released;

    • (e) the names and addresses of his relatives or other persons who may serve as prospective sureties; and

    • (f) a statement of any criminal convictions during the five years preceding his conviction on the offence from which he is appealing, specifying the offences and the sentences imposed.

  • (3) The appellant may include with his application to any other material that he considers to be relevant to the application.

  • (4) Unless a justice orders otherwise, submissions on an application under this Rule by an appellant who is not represented by counsel shall be in writing.

  • (5) On the appellant complying with an order for release,

    • (a) the registrar or other person authorized by the registrar, in a case where an undertaking is ordered, or

    • (b) the justice of the peace who took the recognizance, in any other case,

    shall issue a notice of release in Form 9 to the person who has custody of the appellant.

  • (6) The release order, undertaking, recognizance and any money or valuable security deposited under the recognizance shall be filed or deposited with the registrar.