Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals (SOR/78-68)
Full Document:
- HTMLFull Document: Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals (Accessibility Buttons available) |
- XMLFull Document: Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals [73 KB] |
- PDFFull Document: Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals [188 KB]
Regulations are current to 2024-06-19
Under the authority of section 438 of the Criminal Code the Judges of the Court of Appeal for the Northwest Territories hereby make the following Rules respecting Criminal Appeals and Bail Applications pending appeal.
CODE REF. | |
---|---|
| |
| |
| |
S. 2 S. 605 |
|
| |
| |
| |
| |
| |
| |
| |
| |
| |
GENERAL | |
| |
| |
| |
| |
S. 678(2) | (5) (i) Any time prescribed by these Rules within which an appeal is to be taken may be extended by an Appellate judge or the Court before or after the expiration thereof, and any other time may similarly be extended or shortened.
|
| |
| |
(8) (i) The registrar shall, following the pronouncement of judgment by the Court in every criminal appeal, promptly enter a formal judgment.
| |
METHOD OF APPEALING | |
S. 678(1) |
|
| |
TIME FOR APPEAL AND SERVICE | |
S. 678(1) |
|
| |
S. 675(2)(b) |
|
S. 675(3) S. 676(3) |
|
| |
| |
| |
| |
CONTENT OF NOTICE OF APPEAL | |
S. 678(1) |
|
| |
| |
| |
| |
| |
PLACE OF HEARING | |
| |
DISPENSING WITH ORAL ARGUMENT | |
| |
| |
| |
| |
APPEALS WHERE LEAVE REQUIRED | |
| |
| |
| |
| |
S. 675(1)(a)(ii) |
|
S. 675(1)(b) S. 675(3) |
|
S. 675(1)(a)(ii) |
|
| |
SENTENCE APPEALS WITH COUNSEL | |
| |
| |
| |
| |
| |
SENTENCE APPEALS WITHOUT COUNSEL | |
| |
| |
SENTENCE APPEALS GENERALLY | |
S. 614 |
|
| |
APPEALS OTHER THAN SENTENCE APPEALS | |
| |
| |
| |
| |
| |
| |
FURNISHING CERTIFIED COPIES | |
S. 438(2)(v) |
|
REPORT OF A TRIAL JUDGE | |
S. 609(1) |
|
| |
DISPOSITION OF DOCUMENTS AND EXHIBITS | |
| |
| |
| |
| |
VERIFICATION OF TRANSCRIPTS AND DEPOSITIONS AT TRIAL | |
S. 487 S. 540 S. 575 |
|
| |
| |
COMPENSATION OR RESTITUTION OF PROPERTY | |
S. 689 S. 738 S. 739 |
|
RELEASE FROM CUSTODY PENDING APPEAL | |
S. 608(1)(a) |
|
S. 608(1)(b) |
|
| |
S. 608(1)(c) |
|
| |
| |
| |
| |
| |
ABANDONMENT OF APPEALS | |
| |
| |
| |
DISSEMINATION OF RULES | |
These Rules shall come into force on the 30th day of June, A.D. 1978, on which date the Rules respecting criminal appeals to the Court of Appeal for the Northwest Territories heretofore in force cease to be in force, without prejudice to any proceedings under the said Rules which may have been taken prior to the 30th June, 1978. |
- SOR/2000-232, ss. 2 to 13, 16(F)
FORM “A”
TO BE USED WHEN APPELLANT IS NOT REPRESENTED BY COUNSEL — RULE 7(1) | |||
IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES | |||
![]() | |||
(Fill in Full Name) | |||
-v- | |||
![]() | |||
TO: | THE REGISTRAR, | ||
Court of Appeal for the | |||
Northwest Territories, | |||
Court House, | |||
YELLOWKNIFE, N.W.T. | |||
NOTICE OF APPEAL | |||
On the Northwest Territories, I was convicted on charges of | |||
in the Magistrate’s ☐ Court | Supreme ☐ Court | and was | |
sentenced to ![]() | |||
At trial I pleaded ![]() ![]() | |||
My address is: | |||
I, the above appellant, hereby give notice that I desire to appeal and if necessary for me to do so, to apply for leave to appeal against Conviction Only ![]() ![]() | |||
I wish![]() ![]() ![]() ![]() | |||
If a new trial is ordered and I have a right to trial by judge and jury, I wish![]() ![]() ![]() ![]() | |||
DATED this ![]() ![]() ![]() | |||
SIGNED: (APPELLANT) | |||
(IF APPELLANT IS IN CUSTODY) 3 copies of this Notice of Appeal are to be served upon the Warden or designate of the Warden of the Institution in which the Appellant is imprisoned within sixty (60) days of the sentence being imposed upon him. | |||
(IF APPELLANT IS NOT IN CUSTODY) 3 copies of this Notice of Appeal are to be filed in the office of the Registrar or mailed to him by registered mail within sixty (60) days from the date of the sentence imposed upon him. |
- SOR/2000-232, ss. 14, 16(F)
FORM “B”
TO BE USED WHERE NOTICE IS FILED BY COUNSEL FOR AN APPELLANT OR ON BEHALF OF THE ATTORNEY-GENERAL — RULE 7(2) | ||
IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES | ||
APPELLANT | ||
TO: | The Registrar, | |
Court of Appeal for the | ||
Northwest Territories, | ||
Court House, | ||
YELLOWKNIFE, N.W.T. | ||
NOTICE OF APPEAL | ||
PARTICULARS | ||
1 | The Appeal is in respect of indictable offence, or by way of further Appeal from the Magistrate’s Court in respect of a summary conviction offence. | |
(INDICTABLE OFFENCE![]() | ||
SUMMARY CONVICTION![]() | ||
2 | Place of Trial ![]() | |
3 | Name of Judge ![]() | |
4 | Name of Court ![]() | |
5 | Name of Crown Prosecutor at Trial ![]() | |
6 | Name of Defence Counsel at Trial ![]() | |
7 | Offences of which Appellant convicted or acquitted | |
8 | Sections of the Criminal Code or other Statutes under which Appellant convicted | |
9 | Plea at Trial ![]() | |
10 | Sentence imposed ![]() | |
11 | Date of Sentence or Acquittal ![]() | |
12 | If Appellant in custody, place of incarceration | |
TAKE NOTICE that the Appellant: (mark with an “x” which of the following are applicable) | ||
(1) | appeals against conviction (or acquittal) on grounds involving a question of law alone;![]() | |
(2) | applies for Leave to Appeal his conviction on grounds involving a question of fact alone or a question of mixed law and fact, and if Leave be granted, hereby appeals against the said conviction; ☐ | |
(3) | applies for Leave to Appeal against sentence, and if Leave be granted, hereby appeals against the sentence.![]() | |
The grounds of Appeal are annexed hereto. | ||
The relief sought is | ||
(The Appellant wishes![]() ![]() ![]() ![]() | ||
If a new Trial is ordered and the Appellant has a right to a Trial by Judge and Jury, the Appellant wishes![]() ![]() ![]() | ||
The Appellant’s address for service is ![]() | ||
DATED at ![]() ![]() ![]() ![]() | ||
Counsel for the Appellant |
- SOR/2000-232, s. 16(F)
FORM “C”
IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES | |
BETWEEN: | |
Appellant | |
- and - | |
Respondent | |
Before His Lordship | ![]() ![]() |
The Honourable Mr. Justice![]() | of ![]() |
A.D. 19![]() ![]() | |
In Chambers | ![]() |
ORDER | |
UPON the application of the above-named appellant ![]() | |
AND UPON hearing Counsel for the Appellant and Counsel for the Crown (Respondent); | |
AND UPON reading the said Notice of Appeal and the Notice of Application for Bail and the Affidavit of the Appellant; | |
IT IS HEREBY ORDERED THAT the Appellant be released from custody pending the determination of his appeal upon (set forth the terms and conditions directed under Section 679(5) of the Criminal Code). | |
Registrar or Judge | |
ENTERED this ![]() ![]() ![]() | |
Registrar | |
(Where an Order has been obtained releasing the Appellant pursuant to Subsection 679(5) of the Criminal Code it should be noted that Subsection 679(9) provides that an undertaking in this section may be in Form 12 and a Recognizance may be in Form 32.) |
- SOR/2000-232, ss. 15, 16(F)
FORM “D” — RULE 25(1)
IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES |
NOTICE OF ABANDONMENT OF APPEAL |
APPELLANT |
RESPONDENT |
The Registrar, |
Court of Appeal for the |
Northwest Territories, |
Court House, |
YELLOWKNIFE, N.W.T. |
I,
|
DATED at the |
THIS NOTICE WAS SIGNED IN THE PRESENCE OF: |
WITNESS |
NOTE: If this notice of abandonment of Appeal is signed by the Appellant personally, Rule 25(1) requires that his signature must be verified by affidavit or witnessed by a solicitor, or by an officer of the institution in which he may be confined. |
- SOR/2000-232, s. 16(F)
THE RULES RELATING TO CRIMINAL APPEALS ABOVE SET OUT AND ATTESTED BY THE MEMBERS OF THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES HAVE BEEN MADE BY THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES WITH THE CONCURRENCE OF ALL JUDGES THEREOF PRESENT AT A MEETING CALLED FOR THE PURPOSE HELD AT CALGARY, ALBERTA, ON THE 16th DAY OF JANUARY A.D. 1978, PURSUANT TO SECTION 438 OF THE CRIMINAL CODE.
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
![blank line](/img/ii_spacer.gif)
- Date modified: