PART VIIScheduling Appeals (continued)
Marginal note:Notice of date to be provided
(2) If subrule (1) is not complied with, the court or a judge may make an order adjourning the appeal on any terms and conditions that the court or the judge considers appropriate.
Marginal note:Appeal may be heard based on written argument only
30 If the appellant and respondent agree, an appeal entered for hearing may be determined on the basis of written argument only.
Marginal note:Attendance of appellant if in custody
31 If an appellant who is in custody is entitled and desires to be present at the hearing of his or her appeal, the registrar shall issue a production order to the proper officer or officers to enable the provisions of section 688 of the Code to be carried into effect.
PART VIIIAppeal Management, Chambers Sittings and Adjournments
Marginal note:Appeal management
32 (1) If the registrar is of the opinion that the appellant has failed to pursue an appeal diligently or has failed to comply with these rules or that the appeal merits a managed approach, the registrar may refer the matter to a judge in chambers.
(2) The registrar shall make the referral mentioned in subrule (1) by sending to the appellant and respondent, by mail, fax or electronic transmission, a notice in Form E.
(3) The judge may make any order, take any measure or issue any directive that, in the opinion of the judge, will assist the court in effective and efficient management of the appeal.
(4) Without limiting the authority of a judge pursuant to subrule (3), he or she may:
(a) set timelines to complete all steps leading to the hearing of the appeal;
(b) schedule motions to be heard before the hearing of the appeal;
(c) make any other order to accelerate the appeal process; and
(d) refer the appeal to the court to be dismissed as abandoned or to make any order that the court considers just.
Marginal note:Chambers sitting
(2) If a judge or the registrar is satisfied that the matter is urgent, the judge or registrar may arrange a special chambers sitting.
(3) Where the appellant and respondent agree or the registrar directs, an application in chambers may be made by telephone conference, by video conference or by any other method acceptable to the registrar.
(2) The registrar:
(3) The decision of the registrar is final.
PART IXShow Cause and Abandonment
Marginal note:Show cause
35 If an appellant has failed to comply with an order or direction made pursuant to Rule 32, the registrar may, on notice to the appellant and respondent in Form G, refer the appeal to the court to be dismissed as abandoned unless, on the date fixed by the registrar in Form G or on any other date fixed by the court, the appellant can show cause why the appeal should not be dismissed as abandoned.
Marginal note:Notice of abandonment
(2) A notice of abandonment has the same effect as an order dismissing an appeal unless a judge, who is satisfied that it is in the interests of justice to do so, permits the appellant to withdraw the abandonment of the appeal.
PART XAppointment of Counsel
Marginal note:Application pursuant to section 684 of the Code
(2) On receipt of the material mentioned in subrule (1), the registrar shall forward the material to the government ministry or agency responsible for the court-appointed counsel program and to the Attorney General.
PART XIRelease from Custody Pending Determination of Appeal
38 An offender who wishes to apply for release from custody pending determination of the appeal pursuant to section 679 of the Code shall apply by filing:
(a) an application in Form L;
(b) an affidavit in Form M; and
(c) any other material that the offender considers relevant to the application.
Marginal note:Conditions of release
(2) An undertaking pursuant to this Rule may be in Form 12 of the Code.
(3) Unless otherwise ordered by the judge hearing the application, all orders for release from custody pending determination of the appeal shall contain the following conditions:
(a) if the appellant is represented, that the appellant will file his or her factum within the periods provided by these rules or as otherwise fixed by the judge granting release and that if the factum is not filed within the periods provided by these rules or as otherwise fixed by the judge, the order for release will be automatically revoked;
(b) that the appellant shall personally attend at the court on the date and at the time set for the appeal hearing or on any other day that is specified in the order;
(c) that the appellant acknowledges that failure to attend personally at the court on the date and at the time set for the appeal hearing or on any other day that is specified in the order will be deemed to constitute an abandonment of the appeal;
(d) that the appellant will keep the peace and be of good behaviour;
(e) that the appellant will advise the registrar of his or her place of residence; and
(f) any other condition that the judge considers necessary.
(4) The appellant shall file or deposit the release order, recognizance, undertaking and any money or valuable security deposited under the recognizance with the registrar.
Marginal note:Variation of order
40 A judge may, on cause being shown, revoke or amend an order previously made pursuant to section 679 of the Code.
PART XIIFresh Evidence
Marginal note:Fresh evidence
(2) The notice of motion shall be filed not later than 10 days before the date fixed for hearing the appeal.
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