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Marginal note:Definitions

• 16.2 (1) Unless otherwise specified in this Part, and as the context requires, terms used in this Part have the same meaning as in the Criminal Code or the Provincial Offences Procedure Act (Alberta).

• (2) In this Part:

  Attorney General

  Attorney General  has the meaning set out in section 2 of the Criminal Code;

  conviction appeal

  conviction appeal  means an appeal from a conviction, acquittal or stay, or any decision that otherwise concludes criminal proceedings, other than a sentence appeal, including

  • (a) any decision described in section 672.72, subsection 675(3), and sections 676, 784 and 839 of the Criminal Code,

  • [...]

  • (c) an appeal or review of a decision under the Extradition Act,

  • (d) an appeal from a decision that a person is unfit to stand trial or is not criminally responsible on account of mental disorder under Part XX.1 of the Criminal Code, and

  permission to appeal

  permission to appeal  means

  • [...]

  • (iii) an application under section 680 of the Criminal Code for review of an interim release decision;

  Registrar

  Registrar  means a person appointed as a Registrar of the Court under the Court of Appeal Act (Alberta) and includes a Deputy Registrar of the Court and any person designated by a Registrar or the Chief Justice of Alberta to act for a Registrar;

  sentence appeal

  sentence appeal  means an appeal from a sentence, direction respecting parole, or other disposition following conviction, including the declarations, orders and dispositions listed in section 673, paragraph 675(1)(b) and paragraph 676(1)(d) of the Criminal Code, but not an appeal with respect to a finding that an offender is a dangerous offender or long-term offender.

Marginal note:Scheduling conviction appeals

• [...]

• (4) If the appellant in an appeal referred to in subrule (3) does not appear at the time scheduled for the calling of the List, the appeal may be struck.

  Information Note

  Section 672.72(3) of the Criminal Code provides that appeals from dispositions (after findings of not criminally responsible by reason of mental disorder) are to be expedited. Sections 51(1) and 57(5) of the Extradition Act require that appeals be heard at an early date.

  [...]

Marginal note:How to start an appeal

• [...]

• (2) The notice of appeal must be filed within

  [...]

  Information note

  The deadline for appealing a disposition under section 672.72 of the Criminal Code is 15 days after receipt of a copy of the placement or disposition decision. The deadline for appealing under section 50 of the Extradition Act is 30 days from the decision.

  If convictions are entered, or sentences are imposed simultaneously by a trial judge in connection with both a summary conviction matter and an indictable matter, both matters may be appealed together to the Court of Appeal: Criminal Code, subsections 675(1.1) & 676(1.1).

Marginal note:Permission to appeal

• 16.4 (1) Where an appellant requires permission to appeal because

  • (a) leave to appeal to the Court is required under the Criminal Code in a summary conviction matter,

  • (b) a direction is required under section 680 of the Criminal Code for review of an order respecting judicial interim release,

  • (c) a certificate of sufficient importance is required to appeal under the Provincial Offences Procedure Act, or

  [...]

16.1 This Part applies to all criminal appeals to the Court of Appeal of Alberta, including those arising from or under the appeal procedures set out in:

• (a) the Criminal Code;

• (b) the Extradition Act;

• (c) the Youth Criminal Justice Act; and

• (d) the Provincial Offences Procedure Act (Alberta).