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  1. New Brunswick Summary Conviction Appeal Rule 64 with Respect to Summary Conviction Appeals to the Court of Queen’s Bench - SI/92-2 (SCHEDULE)
    New Brunswick Summary Conviction Appeal Rule 64 with Respect to Summary Conviction Appeals to the Court of Queen’s Bench

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    penal institution includes a penitentiary as defined in the Penitentiary Act, R.S.C. 1985, c.P-5 and a correctional institution as defined in the Corrections Act, R.S.N.B. 1973, c.C-26.

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    An appellant who proposes to appeal to the appeal court shall issue a Notice of Appeal within 30 days after the date of the conviction or order appealed from or sentence appealed against or such extended time as the appeal court or a judge allows.

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    • (a) within 15 days after the Notice of Appeal is issued or such extended time as the appeal court or a judge allows, serve the Notice of Appeal on the respondent or such other person as a judge directs in the manner prescribed by Rule 18 for the service of originating process or in such manner as a judge directs, and

    • (b) within 7 days after serving the Notice of Appeal or such extended time as the appeal court or a judge allows, file the Notice of Appeal and proof of service with the clerk.

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    • 1 The above named appellant appeals from the conviction (or against the sentence imposed, or as may be) on (date of conviction or sentence) by , Honour Judge (name of trial judge), a Judge of the Provincial Court, at (place where conviction made or sentence passed) on a charge that the appellant did (here set out the offence in the words of the conviction or information including reference to the statute creating the offence).

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    • 7 (If applicable) The appellant is a young person as defined in the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985 (if applicable), has applied for legal aid at (location of legal aid office) and has been refused a legal aid certificate (or as may be).

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    • 6 (If applicable) The respondent is a young person as defined in the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.

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    You are requested, upon receipt of this notification, to forthwith transmit to me the conviction (or order of dismissal) and all other material in your possession in connection with the proceedings as required by subsection 821(1) of the Criminal Code, together with a transcript of the evidence (or the parts of the transcript of evidence listed below) and of any reasons for judgment or sentence.

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  2. New Brunswick Summary Conviction Appeal Rule 64 with Respect to Summary Conviction Appeals to the Court of Queen’s Bench - SI/92-2
    New Brunswick Summary Conviction Appeal Rule 64 with Respect to Summary Conviction Appeals to the Court of Queen’s Bench

    Under section 482 of the Criminal Code, chapter C-46 of the Revised Statutes of Canada, 1985, a majority of the Judges of The Court of Queen’s Bench of New Brunswick present at a meeting held for the purpose at Halifax, Nova Scotia on November 9, 1991, repealed, effective May 1, 1992, as attested by the signature of the Chief Justice, New Brunswick Summary Conviction Appeal Rule 64 with Respect to Summary Conviction Appeals to the Court of Queen’s Bench, made on August 28, 1981, registered as SI/82-14 on January 27, 1982, Canada Gazette Part II, Vol. 116, No. 2, page 406, and made New Brunswick Summary Conviction Appeal Rule 64 with Respect to Summary Conviction Appeals to the Court of Queen’s Bench, in accordance with the schedule hereto, to come into force on May 1, 1992.

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