PART 3Pre-Trial Conferences (continued)
DIVISION 4Discussions at Pre-Trial Conference (continued)
Marginal note:Sentencing issues
(a) the prosecutor’s position on sentence before trial and after trial, in the event of conviction, including the counts on which pleas of guilty would be sought, the credit to be given for pre-sentence custody or release on stringent terms, any corollary orders sought on conviction, and whether further proceedings would be taken on conviction; and
(b) the position of counsel for the accused on sentence if a guilty plea is taken before trial, and on sentence if the accused is convicted at the end of a trial.
Marginal note:Judge’s opinion
(2) The pre-trial conference judge may express his or her opinion about the fitness of any proposed sentencing disposition based on the circumstances disclosed at the pretrial conference.
PART 4Case Management and Joint Hearings
28 An application under sections 551.2 to 551.7 of the Code must be made in accordance with Division 1 of Part 2, unless otherwise ordered by the case management judge or the joint hearing judge.
PART 5Summary Conviction Appeals
29 The following definitions apply in this Part.
adjudication includes the following:
(a) in appeals under paragraph 813(a) of the Code, a conviction or order made against or a sentence imposed on a defendant;
(b) in appeals under paragraph 813(b) of the Code, an order that stays proceedings on or dismisses an information, or a sentence imposed on a defendant;
(c) in appeals under subsection 830(1) of the Code, a conviction, judgment, verdict of acquittal or verdict of not criminally responsible on account of mental disorder or of unfit to stand trial or other final order or determination of a summary conviction court, in proceedings under Part XXVII of the Code;
(d) a final order authorized to be made by a provincial court judge or a justice of the peace under any provision of the Code to which Part XXVII of the Code applies in whole or part; and
(e) an appeal of a summary conviction proceeding under a statute that authorizes or directs the appeal to be conducted in the Court of Queen’s Bench. (décision)
appeal means an appeal from or against an adjudication. (appel)
- appeal court
appeal court means the Court of Queen’s Bench of Alberta sitting as an appeal court. (cour d’appel)
judge means a judge of the appeal court. (juge)
Marginal note:Notice of appeal
Marginal note:Place of appeal
(2) The appeal and all applications relating to the appeal must be made and heard at the Court in the judicial centre closest to the court where the summary conviction proceeding was held, unless the appeal court otherwise orders or the parties otherwise consent.
Marginal note:Time for filing of notice of appeal
Marginal note:Service of notice of appeal on respondent
(2) If the appellant is the prosecutor, the notice of appeal must be served personally on the respondent or in any manner a judge directs or authorizes.
Marginal note:Clerk to send notice of appeal to prosecutor
(3) If the appellant is not the prosecutor, the clerk must send the filed notice of appeal to the prosecutor as soon as possible under the circumstances.
Marginal note:Scheduling of appeal hearing
32 (1) On receipt of a notice of appeal that appears to meet the requirements of this Part, the clerk must schedule the appeal for hearing on a date that is not earlier than 60 days and not later than 120 days after the date of filing of the notice of appeal, and must indicate the date and time of the appeal hearing on the notice of appeal.
Marginal note:Notice of date of hearing of appeal
(2) On scheduling a date for the hearing of an appeal, the clerk must immediately notify all parties in writing.
Marginal note:Notice of date of appeal to summary conviction court
(3) The clerk must give prompt notice of the appeal to the summary conviction court and must, prior to the hearing, obtain the relevant court file, including any exhibits, from the summary conviction court.
Marginal note:Ordering of transcript
33 (1) The appellant must, within 30 days after the filing of the notice of appeal, request in writing from the appropriate court reporter sufficient copies of the transcript of the proceedings before the summary conviction court for the appeal court and all other interested parties.
Marginal note:Receipt for transcript request
(2) Within 10 days after the request for the transcript, the appellant must provide to the clerk a receipt as evidence of the request.
Marginal note:Contents of transcript
(3) The transcript must contain all of the evidence and proceedings before the summary conviction court, unless the appeal court orders otherwise, or the parties agree, but no agreement of the parties is binding on the appeal court.
Marginal note:Transcript for appeal concerning only sentence
(4) If the parties consent and the appeal concerns only the sentence, the appellant may provide to the appeal court and to the respondent only the transcript of the proceedings relating to the sentence.
Marginal note:Appellant’s memorandum
34 (1) If a date has been scheduled for the hearing of an appeal, the appellant must, at least 30 days before that date, file with the clerk and serve on the respondent and the other interested parties, or their counsel, a brief memorandum
(a) setting out the argument and relevant passages from the statutes, regulations and legal authorities on which the appellant intends to rely, including the full citation for each of these, in support of the grounds set out in the notice of appeal, appropriately highlighted;
(b) setting out particular references to the evidence that is to be discussed in relation to the grounds; and
(c) attaching a transcript of the proceedings being appealed from.
Marginal note:Respondent’s memorandum
(2) The respondent must, at least 15 days before the date scheduled for the hearing of the appeal, file with the clerk and serve on the appellant or the appellant’s counsel a brief memorandum setting out
(a) the relevant passages from the statutes, regulations and legal authorities on which the respondent intends to rely in reply to the argument of the appellant, including the full citation for each of these, appropriately highlighted; and
(b) particular references to the evidence that is to be discussed in relation to that argument.
Marginal note:Judicial interim release
35 Judicial interim release pending the appeal may be granted conditionally or unconditionally by the appeal court, or may be refused.
Return to footnote 1SI/2012-39
(2) The Rules Pursuant to Section 424 of the Criminal Code with Respect to Mandamus, Certiorari, Habeas Corpus and Prohibition as published in Part I of the Canada Gazette on July 13, 1968 are repealed.
Return to footnote 2SI/86-79
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