Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada (SOR/86-959)

Full Document:

Regulations are current to 2024-10-14 and last amended on 2022-12-21. Previous Versions

SCHEDULE 3(Subsections 6(1), 12(2) and 13.1(3))Memorandum of Particulars

(Court File No.)

COURT MARTIAL APPEAL COURT OF CANADA

BETWEEN:

(Name of Appellant or Applicant, as the case may be)

Appellant

or blank line

Applicant

-and-

(Name)

Respondent

MEMORANDUM OF PARTICULARS

2 Information to be included, as applicable:
- (a) the type, place and date of the proceedings before the court martial or hearing;
- (b) the name, postal address and telephone number of the prosecutor;
- (c) the name, postal address and telephone number of the defence counsel;
- (d) the offence or offences charged;
- (e) the statutory or other provisions on which the charge or charges are based;
- (f) the plea at trial;
- (g) the disposition by court martial or military judge;
- (h) the date of the disposition; and
- (i) the sentence imposed (and the sentence as modified, if applicable).
3 Where the disposition under review or appeal is a disposition under Division 3 or 10 of Part III of the Act, attach a copy of any directions, orders and conditions and undertakings that are separate from the disposition referred to in paragraph 2(g).
4 When the disposition has resulted in the detention of the person charged, include
- (a) the name, postal address and telephone number of the institution where the person is being held; and
- (b) the name and title of the warden, the superintendent or, as the case may be, the person in charge or command of the institution.