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  1. Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals - SOR/78-68 (FORM “A”)
    Rules Respecting Criminal Appeals Under Sections 678-689 of the Criminal Code and Bail Rules on Appeals to the Court of Appeal for the Northwest Territories

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    CODE REF.

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    • (3)  Attorney-General means the Attorney-General as defined in s. 2 of the Code and includes counsel instructed by him for the purpose of an appeal.

    • (4) Non-compliance with the Rules shall not render any proceedings void, but the same may be amended, set aside, or otherwise dealt with as may be just by an Appellate judge or the Court.

    • (7) If the appellant or respondent obtains leave of the Court to call further evidence upon the hearing of the appeal, the attendance of any witness or the production of any document may be obtained in the same way as that provided for by the Rules of the Supreme Court in civil matters, and all the provisions of such Rules so far as they are applicable, shall apply to the production of evidence upon an appeal.

    S. 678(1)
    • 3 An appeal or an application for leave to appeal under the Code shall be made by filing and serving a notice of appeal in the manner and within the time as hereinafter directed.

    • 4 An appeal under any statute or ordinance giving a right of appeal in summary conviction matters shall be made by the filing and serving of a notice of appeal in the manner and within such time as is hereinafter directed, provided that there shall be due compliance with any appeals provision in any such statute or ordinance.

    • 6 (1) The filing and serving of a notice of appeal shall be effected:

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      • (iii) in an appeal by the Attorney-General, by filing two (2) copies of the notice of appeal with the registrar and by personal service on the person in respect of whose trial disposition the appeal is brought, unless otherwise ordered by an Appellate judge; PROVIDED that where substitutional service is ordered, no appeal shall be argued without leave of the Court, and on such application for leave, the Court may give further directions as to service.

    • 9 (1) No time or place for the hearing shall be stated in the notice of appeal. The registrar shall forthwith after receipt of the notice, other than a notice of an application to an Appellate judge for leave to appeal, enter the case on the lists of appeal for the next ensuing sittings of the Court, and all necessary directions as to the hearing of the appeal or application may be given by the Court or any judge thereof.

    • 10 Unless otherwise ordered by the Court or a Judge thereof, all appeals and applications to the Court or a judge thereof for leave to appeal from any trial disposition made in the Northwest Territories shall be heard at Yellowknife, or at such place within the Northwest Territories or the Province of Alberta as may be ordered by the Court or Chief Justice thereof.

    • 10.1 (1) Where

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      the Court may, on such terms as it considers just, direct that argument on an appeal be presented in writing without oral argument.

    • (3) The Sentence Material shall include the following:

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      • (ii) a Statement of Facts as related to the trial judge;

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      • (iv) a transcript of the Reasons for Judgment and for sentence given by the trial judge; the criminal record, if any, of the convicted person, as disclosed to the trial judge.

    • (2) In any appeal against sentence by either a convicted person or the Attorney-General, the Court of its own motion may treat the whole matter of sentence as open, and on an appeal by a convicted person, may increase or vary the sentence, and on an appeal by the Attorney-General, decrease or vary the sentence, PROVIDED that notice that such increase or variation is to be considered, is given by the Court so that the convicted person or the Attorney-General may be heard on such disposition.

    • 20 (1) Subject to the other subsections of this Rule, all documents, exhibits and things connected with a trial shall be retained by the trial judge or by the clerk of the Court for eighty (80) days after sentence or acquittal, as the case may be.

    • (2) At any time after a trial, the trial judge or an Appellate judge may make such order as to the custody or conditional release of any document, exhibit or thing as the special circumstances of the case may require.

    • (4) Upon receipt of a copy of a notice of appeal, the trial judge or the clerk of the Court shall forward to the registrar all documents, exhibits and things connected with the proceedings at the trial, other than such as may already have been released pursuant to subsections (2) and (3) hereof.

    • (2) Where the evidence and proceedings are not taken by a court reporter, but by a sound-recording apparatus, as authorized under legislation, a transcript of such recording, certified by a court recorder, shall be prima facie proof of such evidence and proceedings.

    • (3) Where the evidence and proceedings are not taken by a court reporter, and are not taken by a sound-recording apparatus, as authorized under legislation, then depositions taken in accordance with s. 540 shall be prima facie proof of such evidence and proceedings.

    • (3) An appeal which is abandoned shall be as if no appeal had been taken.

    • 26 A sufficient number of copies of these Rules shall be prepared by the registrar at Yellowknife and sent to every keeper of a Gaol or Correctional Institute in the Northwest Territories and to the wardens of the Penitentiary at Prince Albert, and the Penitentiary at Drumheller, and such other penal institutions as may be operated by the Government of Canada to which prisoners from the Northwest Territories are confined, and the registrar shall also send to the said keepers and wardens a copy of Sections 675, 678, 683 and 685 of the Criminal Code for any convicted person in his custody who requests the same.

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    UPON the application of the above-named appellant for an order releasing him pending the determination of his appeal herein, notice of which appeal has been given (or leave to appeal sentence having been granted as the case may be);

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