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3 The appellant appeals under (set out section of the Criminal Code authorizing the appeal).
8 (If applicable) The appellant is a young person as defined in the Young Offenders Act (Canada) (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).
This Rule with respect to Criminal Appeals to the Court of Appeal shall come into force on the day fixed by the Lieutenant-Governor in Council for the coming into force of the Rules of Court made under section 73.2 of the Judicature Act, R.S.N.B. 1973, chapter J-2, as amended, and thereupon the Criminal Appeal Rules 1964 made the 21st day of April, 1964 shall be repealed, without prejudice to any proceeding under the said Criminal Appeal Rules 1964 commenced prior to the coming into force of this Rule which may be continued and concluded under such Rules.
This Rule was made pursuant to section 438 of the Criminal Code by the Court of Appeal of New Brunswick with the concurrence of a majority of the Judges thereof present at a meeting held for the purpose at Fredericton, on the 28th day of July, 1981.
(2) Upon an application to a Judge for release from custody pending appeal pursuant to section 679 of the Criminal Code the appellant shall file an affidavit setting forth
(5) A Judge may dispense with the filing of the affidavits referred to in paragraphs (2) and (3) and act upon an agreed Statement of Facts.
63.02 (1) Unless the context requires otherwise, the interpretation and definition sections of the Criminal Code apply to this rule.
(2) In this rule, unless the context requires otherwise
penal institution includes a penitentiary as defined in the Corrections and Conditional Release Act (Canada) and a correctional institution as defined in the Corrections Act; (institution pénale)
(4) Where an appeal has been dismissed by the Court of Appeal and a Judge has expressed an opinion dissenting from the decision of the Court of Appeal, the Registrar shall, in settling the formal judgment, comply with section 677 of the Criminal Code.
63.07 (1) Except in a prisoner appeal, an appellant shall, forthwith after issuing a Notice of Appeal, forward to the clerk of the judicial district in which the proceeding was commenced a written request for preparation of the transcript required by subsection 682(2) of the Criminal Code to be furnished to the Court of Appeal.
(9) A party to an appeal shall pay the fees prescribed under the Recording of Evidence Act for a copy or transcript of any material prepared under subsection 682(2) of the Criminal Code.
