Marginal note:Abandoning appeal
  •  (1) An appellant who wishes to abandon the appeal shall forthwith file with the appeal court a notice of abandonment in Form 2 of the schedule that is

    • (a) signed by the solicitor of record for the appellant; or

    • (b) signed by the appellant personally, and

      • (i) accompanied by an affidavit of execution verifying the signature, or

      • (ii) witnessed by an officer of the institution in which the appellant may be confined.

  • (2) On the filing of a notice of abandonment, the Clerk shall forthwith cause a copy of the notice to be delivered to the respondent by prepaid mail at the address for service for the respondent that is on file with the appeal court or in such other manner as a judge may order.

  • (3) On compliance with subrules (1) and (2), the appeal court may dismiss the appeal as an abandoned appeal without the attendance of the parties or their counsel.

Marginal note:Application for trial de novo
  •  (1) An application under subsection 822(4) of the Code for a trial de novo shall be made by notice of motion in Form 1 of the schedule before a date for the hearing of the appeal has been fixed.

  • (2) Not less than seven days notice of an application referred to in subrule (1) shall be given to the opposite party in the manner specified in rule 112.

  • (3) Where an appellant entered a guilty plea before the trial court and is appealing the conviction, the appeal court may direct a hearing on the preliminary point as to whether or not the appellant may withdraw the guilty plea, and the court hearing that point may, if it decides in favour of the appellant, give such directions as it considers just.

Marginal note:Delivery of results of appeal to trial court

 Immediately after the disposition of an appeal, the Clerk shall cause to be delivered to the trial court the results of the appeal including any written reasons or endorsements made by the judge.

Marginal note:Prisoner appeals
  •  (1) The Clerk shall provide a sufficient number of copies of this Part to each warden of a correctional centre in the Northwest Territories and each warden shall keep the copies provided and furnish a copy of this Part to any inmate of the correctional centre who asks for one.

  • (2) Where notice of appeal is filed by an inmate of a correctional centre in the Northwest Territories personally, the Clerk shall immediately forward a copy of the notice to the director of the local legal aid programme and inquire as to whether counsel has been appointed on behalf of the appellant for the purpose of presenting an appeal.

  • (3) After the expiry of four months from the day the notice of appeal was filed by an inmate in a correctional centre, if no further steps have been taken to prepare the appeal for hearing, the Clerk shall write to the appellant, at the address given in the notice of appeal, directing the appellant to advise in writing, within a specified period, whether he or she wishes to pursue the appeal.

  • (4) Where the Clerk does not receive a response from an appellant under subrule (3) within the period specified or receives a response advising that the appellant does not wish to pursue the appeal, the appeal court may dismiss the appeal as an abandoned appeal.

  • (5) On the determination of a hearing date for an appeal filed by an inmate of a correctional centre personally, the Clerk shall send notice of the date in writing to the appellant at the address given in the notice of appeal.

Marginal note:Costs

 The costs of all proceedings on a summary conviction appeal, whether for or against the Crown as appellant or respondent, are in the discretion of the appeal court.

PART 18Change of Representation

Marginal note:Notice of change

 A solicitor who assumes the representation of an accused who was previously either unrepresented or represented by another solicitor shall immediately file a notice to that effect with the Court and serve a copy of the notice on the prosecutor.

Marginal note:Removal of solicitor from record
  •  (1) A solicitor of record for an accused shall act as and remain the solicitor for his or her client until an order removing the solicitor from the record has been made by a judge or a new solicitor has filed a notice pursuant to rule 127.

  • (2) An order removing a solicitor from the record may be made on the application of the solicitor on notice to his or her client and to the prosecutor.

  • (3) Notice on the client of an application under subrule (2) may be served by mail addressed to the client at his or her last known address.

  • (4) A copy of the order removing a solicitor from the record shall be served by the solicitor on the client by mail addressed to the client at his or her last known address.

  • (5) This rule applies whether the solicitor decides to cease acting on behalf of a client or the client terminates the solicitor’s retainer.

PART 19Regulation of Conduct in the Court Room

Marginal note:Photographs, recording, broadcasting in court room

 The taking of photographs in the court room during the progress of the judicial proceedings, the private recording of a proceeding by way of any recording or transmission device and the radio or television broadcasting of judicial proceedings from the court room is not permitted, except by authority of the Chief Justice.

Marginal note:R.C.M.P. dress

 Unless otherwise directed by the presiding judge,

  • (a) a member of the R.C.M.P. attending a court proceeding and sitting at counsel table with the prosecutor shall be dressed in formal red serge uniform and without a sidearm; and

  • (b) a member of the R.C.M.P. attending as a witness shall be dressed in formal red serge uniform or a business suit and attend without a sidearm.

PART 20Time

Marginal note:Reference to time

 Any reference to time in these Rules must be interpreted in accordance with section 27 of the Interpretation Act, chapter I-21 of the Revised Statutes of Canada, 1985.

Marginal note:Enlarging, abridging time
  •  (1) The Court may by order enlarge or abridge the time appointed by these Rules for the doing of any act or taking of any proceeding on such terms as the Court considers just.

  • (2) An application for an order enlarging the time appointed by a Rule may be made before or after the expiration of the time appointed.

  • (3) The time appointed by these Rules for serving, filing or delivering a document may be enlarged or abridged by consent of the parties in writing endorsed on the relevant document, without an application to the Court, or in such other form as a judge may direct.

PART 21Non-compliance with the Rules

Marginal note:Failure to comply with Rules
  •  (1) A failure to comply with these Rules is an irregularity and does not in itself render a proceeding or an act, document or order in a proceeding a nullity.

  • (2) Where such a failure occurs, the Court,

    • (a) may grant all necessary amendments or other relief, on such terms as the Court considers just, to secure the just determination of the real matters in dispute; or

    • (b) only where and as the Court considers necessary in the interests of justice, may set aside the proceeding or act, document or order in the proceeding in whole or in part.

  • (3) An application to set aside any proceeding or act for irregularity must be made within a reasonable time.

Marginal note:Dispensing with compliance of rule

 The Court may, where it considers it necessary in the interests of justice, dispense with compliance with any rule at any time.

Marginal note:Correction of mistakes, etc.

 A clerical mistake, or an error arising from oversight or omission, in a judgment, order or other part of a record may be corrected by the Court at any time and after such notice as the Court may order.

PART 22Exhibits

Marginal note:Marking of exhibits
  •  (1) An exhibit filed on a hearing or trial must be dated, numbered and marked to indicate the parties involved, whose property it is and by whom it is filed.

  • (2) The Clerk shall enter in a procedure book a list of each exhibit, briefly describing the exhibit and stating by whom it is filed.

Marginal note:Return of exhibit
  •  (1) An exhibit at a trial may be delivered to the party whose property it is

    • (a) at any time after the trial, on the consent of the opposite party; or

    • (b) at any time after the time for appeal has expired if no notice of appeal has been given, by order given at the end of the trial in court or on notice to the opposite party.

  • (2) Where an application for the return of an exhibit has not been made within two years after the last day of trial or, if an appeal has been taken, within two years after the conclusion of the appeal, the Clerk may serve notice on the prosecutor and solicitor for the accused stating that, unless such an application is made within three months after the notice is sent, the Clerk will destroy or otherwise dispose of the exhibit.

  • (3) Where it is made to appear to the Court that service of a notice under subrule (2) cannot be effected, the Court may order substitutional service or may dispense with service.

  • (4) Unless an application is made for the return of an exhibit in accordance with subrule (2), the Clerk may, on an ex parte basis, apply for an order and a judge may make an order requiring the Clerk to destroy or otherwise dispose of the exhibit.

  • (5) The Clerk shall destroy or otherwise dispose of an exhibit in accordance with an order made under subrule (4).

 
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