Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada

RULE 28 (1) The Chief Justice or the Court may

• (a) where the appellant is not ready to proceed with his appeal when called upon to do so, dismiss the appeal;

• (b) where the respondent is not ready to proceed with an appeal when called upon to do so, order the appellant to proceed ex parte;

• (c) upon cause shown, postpone the hearing of the appeal to another time;

• (d) upon motion, or without motion on its own initiative, dismiss an appeal where the appellant has failed to observe, without dispensation, any requirement of the Act or these Rules;

• (e) extend or abridge any time limited by these Rules before or after the expiration of the time prescribed; and

• (f) make any order that justice requires.

(2) Notwithstanding subsection (1), no order or judgment the effect of which is to dispose finally of an appeal, including an appeal under section 248.9 of the Act, shall be made, except by the Court.

(3) When, in his opinion, there is a significant issue of law involved in the disposition of any matter which, by the Rules, is required to be disposed of by him, the Chief Justice may refer the matter to the Court for disposition or may state a case for its opinion.