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  1. Rules of the Court of Appeal of Alberta as to Criminal Appeals - SI/77-174 (FORM “A”)
    CODE REF.
    • (1)  Appellant means any person entitled to appeal to the Court under Part XVIII of the Code, or Section 771 of the Code, or under The Summary Convictions Act of Alberta, and includes the Attorney-General.

    • (8)  Registrar means a registrar of the Court, or it there is no registrar appointed, means the clerk of the Court of the Judicial District of Calgary in the case of trial dispositions made in the Southern Judicial Districts and the clerk of the Court of the Judicial District of Edmonton in the case trial dispositions made elsewhere in Alberta, and includes a deputy, assistant or acting registrar.

    • 840 (1) These Rules shall apply to appeals to the Court under:

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      • (ii) The Summary Convictions Act of Alberta.

    • (2) Numbers preceded by the letter “s” are references to sections of the Code.

    • (6.1) Subject to subrule (6.2) and notwithstanding any other Rule to the contrary, all conviction appeals and appeals by the Attorney General pursuant to section 676 of the Code shall be deemed to have been abandoned where four calendar months have passed since the Appeal Books have been readied and the appellant has failed to file and serve the appellant’s factum on the respondent.

    • 842 (1) An Appeal under The Summary Convictions Act of Alberta shall be made by filing a certificate granted under the Act and by filing and serving a notice of appeal in the manner and within such time as is hereafter directed.

    • (2) Rule 850 shall apply, mutatis mutandis, to an application for leave under The Summary Convictions Act of Alberta.

    S. 438(2)(d)(v)
    • 856 The Provincial judge before whom a trial took place, or the clerk of the Court shall, upon request, forward to the Attorney-General and to counsel who acted for the Attorney-General at the trial, certified copies of the documents, exhibits and things connected with the proceedings which are in his custody and control, and which are required for the purposes of an appeal.

    • (3) An Appellate Court judge may dispense with the filing of the affidavit referred to above, and may act upon a statement of facts conveyed to him by counsel for the applicant and for the Attorney-General, which statements of fact the judge may require each counsel to put in writing and file with the registrar.

    • 860D A sufficient number of copies of these Rules shall be prepared by the registrar at Calgary (Edmonton) and sent to every keeper of a Provincial Gaol in Alberta, and to the wardens of the Penitentiary at Prince Albert, and the Penitentiary at Drumheller, and such other penal institutions in Alberta as may be operated by the Government of Canada, and the registrar shall also send to the said keepers and wardens a copy of sections 603, 607, 610 and 612 of the Criminal Code for any convicted person in his custody who requests the same.

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    Sections of the Criminal Code or other Statutes under which Appellant convicted

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    The rules relating to criminal appeals above set out and attested by the members of the appellate division of the Supreme Court of Alberta have been made by the appellate division of the Supreme Court of Alberta with the concurrence of all judges thereof present at a meeting called for the purpose held at Edmonton, Alberta, on the 8th day of September, A.D. 1977, pursuant to section 438 of the Criminal code.

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