British Columbia Court of Appeal Criminal Appeal Rules, 1986
SI/86-137
Registration 1986-08-06
British Columbia Court of Appeal Criminal Appeal Rules, 1986
Title
1 These Rules may be cited as the British Columbia Court of Appeal Criminal Appeal Rules, 1986.
- SI/91-81, s. 2
Interpretation
1.1 (1) In these Rules
- appeal
appeal includes an application for leave to appeal; (appel)
- appellant
appellant includes an applicant for leave to appeal; (appelant)
- court
court means the Court of Appeal; (Cour)
- defendant
defendant means the person who has been convicted, sentenced or had some other order, finding or determination made against him; (défendeur)
- file
file means to file with the registrar in a registry of the court; (déposer)
- justice
justice means a justice of appeal; (juge)
- notice of appeal
notice of appeal includes a notice of application for leave to appeal; (avis d’appel)
- order under appeal
order under appeal means the conviction, acquittal, sentence, finding, determination or other order in respect of which the appeal is brought; (ordonnance frappée d’appel)
- registrar
registrar includes
(a) an assistant, associate or deputy registrar of the court, and
(b) any person appointed by the chief justice to temporarily carry out the duties of the registrar; (greffier)
- respondent
respondent means
(a) the prosecutor, where the appellant is the defendant, and
(b) the defendant, where the appellant is the prosecutor. (intimé)
(2) The definitions in sections 2 and 673 of the Criminal Code apply to these rules.
- SI/91-81, s. 3
Application of Court Rules and Practice Directives
2 (1) The Court of Appeal Rules (Civil), B.C. Reg. 303/82, as amended from time to time, apply to appeals on matters that are not expressly provided for in these rules.
(2) The court may issue practice directives on any matter respecting appeals.
(3) On an appeal, the court or a justice may give all directions respecting the conduct of the appeal that it or he considers necessary.
(4) The court and a justice have, in relation to an appeal, all of the powers that they have under the Court of Appeal Act, S.B.C. 1982, c. 7, and the rules made under that Act, with any necessary changes as may be applicable.
PART ICommencement of Appeals
Appeal by the Defendant
3 (1) A person who wishes to appeal against conviction, sentence, or conviction and sentence, shall, within 30 days after the imposition of the sentence, commence the appeal by filing an original and four copies of
(a) Form 1 or 1A, where the defendant is represented by counsel; or
(b) Form 2, where the defendant is not so represented.
(2) Where more than 30 days have lapsed since the imposition of the sentence, a defendant may apply for an extension of the time to appeal by filing an original and one copy of Form 7.
(3) The registrar shall forward a copy of the filed Form 1, 1A, 2 or 7 to the prosecutor.
- SI/91-81, s. 4
Appeal by the Prosecutor
4 (1) Where the prosecutor wishes to appeal, he shall, within 30 days after the pronouncement of the order under appeal,
(a) file five copies of the notice of appeal in Form 3; and
(b) serve the respondent or proposed respondent with the notice, either before or after it is filed.
(2) Where the prosecutor is unable to personally serve the notice of appeal on the respondent, the court or a justice may authorize the prosecutor to serve the respondent in the manner that the court or a justice directs.
(3) On compliance by the prosecutor with an order under subrule (2), the respondent shall be deemed to be served with the notice of appeal.
Notice of Appeal
5 (1) The notice of appeal shall be in Form 1, 1A, 2 or 3, as the case may be.
(2) The appellant shall state his address for service on the notice of appeal and any document respecting the appeal that is delivered to that address shall be deemed to have been served on the appellant.
(3) Where an appellant, who is not represented by counsel, is in custody at the time he files notice of appeal, he shall state the name of the institution in which he is in custody together with another address for service other than that institution.
(4) The registrar shall forward a copy of the notice of appeal to the judge who made the order under appeal.
(5) A notice of appeal may be amended at any time by consent or with leave of the court or a justice.
(6) A notice of appeal may be amended without leave
(a) at any time up to 14 days before an appeal is set to be heard, where factums are not required; or
(b) at any time before the appellant files his factums in an appeal, where factums are required.
(7) Where the notice of appeal is amended, the appellant shall file and serve the amended notice of appeal.
- SI/91-81, s. 5
PART IIAppeal Book and Transcript — Appeals other than Sentence Appeals
Application
6 Rule 9 of this Part does not apply to an appellant or respondent who is not represented by counsel.
Filing of Appeal Book and Transcript of Evidence
7 Unless otherwise ordered by the court or a justice, the appellant shall, within 60 days after filing the notice of appeal,
(a) file four copies each of an appeal book and transcript or such additional copies as may be required by the registrar; and
(b) deliver one copy of the appeal book and transcript to the respondent.
Form and Content of Appeal Book and Transcript
8 (1) The appeal book shall be bound separately in a volume having a blue cover and shall be in Form 4 and comply with the requirements of that form.
(2) The transcript shall be bound separately in a volume having a red cover and shall be in Form 5 and shall comply with the requirements of that form.
(3) The appeal book and transcript shall be printed
(a) in 10 point type;
(b) only on the left side of the page; and
(c) on durable white paper having dimensions of 21.5 cm by 28 cm.
(4) The arguments of counsel shall not be reproduced in the transcript without good reason.
(5) Where the number of pages exceeds 300, an appeal book or transcript shall be bound into two or more volumes, numbered consecutively with each volume containing not more than 200 pages.
(6) Each volume of the appeal book or transcript shall show
(a) what pages it contains; and
(b) an index in accordance with page 2 of Forms 4 and 5.
(7) The appeal book shall contain
(a) an index;
(b) a copy of the information or indictment;
(c) a copy of all exhibits that are capable of reproduction;
(d) a list of all exhibits and affidavits that have been excluded under Rule 9;
(e) a copy of the order under appeal;
(f) a copy of the notice of appeal; and
(g) where there will be no transcript prepared for the appeal, the statement referred to in paragraph (8)(c).
(8) The transcript shall contain
(a) an index and, where there is more than one volume, the complete index shall be included in each volume;
(b) all rulings of the trial judge, his reasons for judgment or charge to the jury, as the case may be; and
(c) a statement of the evidence that has been excluded under Rule 9.
(9) The transcript shall not contain
(a) proceedings on the challenge for cause of the array or of a juror,
(b) the opening address of the judge,
(c) the opening and closing addresses of counsel,
(d) all proceedings in the absence of the jury except
(i) rulings on the admissibility of evidence following a voir dire or otherwise, or
(ii) objections to the judge’s charge, and
(e) objections to the admissibility of evidence other than a statement that an objection was made
unless
(f) the grounds of appeal relate to a matter referred therein;
(g) in respect of the items in paragraphs (a) to (e), the court or a justice orders that one or more of those items be included; or
(h) the appellant and respondent agree that one or more of the items be included.
(10) Unless the registrar directs, where the appellant and respondent agree on a statement of facts that are relevant to the appeal, the appellant may, instead of filing a transcript, include the agreed statement of facts
(a) in the appeal book, or
(b) in a separately bound volume with a red cover
as the parties agree or the registrar directs.
(11) The registrar may reject an appeal book or transcript that does not comply with the rules or any order made under them and, on making a rejection, he shall promptly advise the appellant and the respondent of his rejection and the reasons for it.
- SI/91-81, s. 6
Negotiations on Size of Appeal Book and Transcript
9 (1) The appellant and respondent shall attempt to reduce the bulk of the appeal book and transcript by excluding from them material, including evidence, that is unnecessary for a proper hearing of the appeal.
(2) The appellant or respondent may suggest to the other party what material ought to be excluded from the appeal book or transcript.
(3) The appellant or respondent, on two days’ notice, may take out an appointment with the registrar to settle the appeal book or transcript.
(4) The registrar may give directions respecting what should be included or deleted from the appeal book or transcript.
(5) The appellant or respondent may appeal a direction of the registrar to a justice and the justice may refer the question to the registrar of the court appealed from or to a judge of that court.
Factums
10 (1) Unless otherwise directed by the registrar, the appellant shall file four copies of his factum and deliver a copy of it to the respondent within 30 days of filing the appeal book and transcript.
(2) Unless otherwise directed by the registrar, the respondent shall file four copies of his factum and deliver a copy of it to the appellant within 30 days of receiving the appellant’s factum.
(3) Where the appellant wishes to reply to the respondent’s factum, he shall file his factum in reply within seven days of receiving the respondent’s factum and promptly deliver a copy of it to the respondent.
(4) Factums shall comply with Form 6 and the requirements set out in that form.
(5) The registrar shall not accept a factum for filing that does not substantially comply with Form 6.
(6) Factums shall not
(a) contain irrelevant material; or
(b) reproduce any matter that is contained in the appeal book or transcript, where reference to the material or matter will reasonably suffice.
(7) The index page of the appellant’s factum shall, where counsel estimates the hearing of the appeal will exceed one day, contain the following endorsement:
“After consultation with counsel for the respondent, I consider that the hearing of this appeal should take
. I consider that the presentation of my argument will take .”
PART IIISentence Appeals
Sentence Appeals with Counsel
11 In an appeal against sentence, the appellant shall file four copies of the sentence appeal material as may be required by the registrar and serve one copy of the material on the respondent.
Post sentence reports
12 The court may order preparation of a post sentence report relating to a person in respect of whom an appeal against sentence has been brought.
PART IVOther Pre-hearing Matters
Summary Dismissal for Want of Prosecution or Failure to Comply with Rules
13 (1) Where the appellant fails to
(a) diligently pursue his appeal, or
(b) comply with these rules,
the respondent may apply to the court or, on an appeal where leave is required, to a justice, for an order that the appeal be dismissed.
(2) On an application under subrule (1) or a reference under subrule (3),
(a) the court may dismiss the appeal or make any other order it considers just; or
(b) where the appeal required leave and leave has not yet been granted, the court or a justice may dismiss the appeal or make any other order that is considered just.
(3) Where the registrar considers that the appellant has failed to diligently pursue the appeal or has failed to comply with these rules, he may refer the matter to the court or a justice.
(4) Where the registrar makes a reference under subrule (3),
(a) he shall serve the appellant and respondent with two days’ notice of the hearing of the reference; and
(b) the grounds in Rule 17(3)(a) and (b) for not requiring service on an unrepresented appellant apply.
Abandonment
14 (1) An appellant may abandon an appeal by
(a) signing and filing a notice in Form 11; or
(b) informing the court in person or by counsel that he desires to abandon it.
(2) A signature in a notice under subrule (1)(a) shall be witnessed.
Pre-hearing Conference
15 (1) At any time after the notice of appeal has been filed, the court or a justice may direct a pre-hearing conference.
(2) Where a direction is made under subrule (1), the parties or their counsel or solicitors shall attend before a justice at the time and place directed to consider
(a) the reduction in the size of the appeal book or transcript;
(b) the simplification or isolation of issues on the appeal;
(c) the fixing of the time for hearing of the appeal;
(d) the conduct of the hearing of the appeal; and
(e) any other matter that might expedite the appeal.
(3) After a pre-hearing conference, the justice who held it may make a direction on any matter referred to in subrule (2)(a) to (e) and that direction shall govern the conduct of the appeal unless the court or a justice otherwise orders.
Time Limits
16 The court or justice may extend or shorten the time within which the giving of any notice or the doing of any act required by these rules may be done, notwithstanding that the application for the extension or the order granting it is made after the expiry of the time in respect of which the application to extend is made.
Applications to the Court or a Justice
17 (1) A party who wishes to make an application to the court or a justice shall do so on two clear days’ notice to the other party to the appeal, unless the court or a justice otherwise orders.
(2) The applicant shall file a copy of the notice of appeal with his application together with the material upon which he relies, verified by affidavit, unless the court or a justice otherwise orders, and he shall serve all material, including the affidavits, on the other party to the appeal.
(3) Where an appellant is not represented by counsel, the court or a justice may dispense with service of the material where
(a) the appellant did not state any address for service on his notice of appeal; or
(b) the respondent establishes that the appellant’s address for service was fictitious.
Non-compliance with Rules
18 A court or a justice may permit non-compliance with any rule subject to terms and conditions that the court or a justice thinks fit.
PART VRelease from Custody
Procedure on Release Application
19 (1) On an application for release under section 679 of the Criminal Code, the appellant shall file an application in Form 8 and the material referred to in subrule (2) and serve a copy thereof on the prosecutor.
(2) The application shall be accompanied by an affidavit verifying the facts on which the appellant relies in support of his application including the following:
(a) a statement of all places where he has resided for the three year period preceding the date that he was sentenced;
(b) the place where he intends to reside if he is released;
(c) the name of his employer and the place of his employment where he was employed before being placed in custody;
(d) his employment prospects if released;
(e) the names and addresses of his relatives or other persons who may serve as prospective sureties;
(f) a statement of any criminal convictions during the five years preceding his conviction on the offence from which he is appealing, specifying the offences and sentences imposed.
(3) The appellant may accompany his application with any other material that he considers will be relevant to the application.
(4) Unless a justice otherwise orders, submissions on an application under this section by an appellant who is not represented by counsel shall be in writing.
(5) Upon the appellant complying with an order for release,
(a) the registrar or other person authorized by the registrar, in a case where an undertaking is ordered, or
(b) a justice of the peace who took the recognizance, in any other case,
shall issue a notice of release in Form 9 to the person having custody of the appellant.
(6) The release order, undertaking, recognizance and any money or valuable security deposited under the recognizance shall be filed or deposited with the registrar.
- SI/91-81, s. 7
Reviews Under Section 680
- SI/91-81, s. 8
20 (1) On an application for a direction under section 680 of the Criminal Code, the appellant shall
(a) complete Form 10;
(b) submit all material that was before the judge or justice when he made the order that the appellant seeks to have reviewed; and
(c) submit a concise memorandum stating why there should be a review.
(2) The registrar shall deliver a copy of the memorandum submitted under subrule (1)(c) to the prosecutor who may, within five days after receiving it, submit a concise memorandum in response.
(3) The chief justice shall, after considering the material before him, inform the registrar of his decision.
(4) Where a review is directed under section 680 of the Criminal Code, the registrar shall advise the applicant and the prosecutor of the time and place where the review hearing will be heard.
- SI/91-81, s. 9
21 [Repealed, SI/91-81, s. 10]
22 [Repealed, SI/91-81, s. 11]
Made this 9th day of June, 1986, by the Court of Appeal of British Columbia, with the concurrence of a majority of the Justices thereof present at a meeting held for the purpose of making these Rules.
- N. T. Nemetz, C.J.B.C.
- J. D. Taggart, J.A.
- P. D. Seaton, J.A.
- A. B. B. Carrothers, J.A.
- E. E. Hinkson, J.A.
- W. A. Craig, J.A.
- J. S. Aikins, J.A.
- J. D. Lambert, J.A.
- J. A. Macdonald, J.A.
- R. P. Anderson, J.A.
- H. E. Hutcheon, J.A.
- A. B. Macfarlane, J.A.
- W. A. Esson, J.A.
- B. M. McLachlin, J.A.
- R. I. Cheffins, J.A.
- SI/91-81, s. 12
FORM 1[Paragraph 3(1)(a) and subrule 5(1)]Notice of Appeal or Application for Leave to Appeal
(Where notice is filed by a solicitor on behalf of the appellant)
LOWER COURT REGISTRY NUMBER:
LOWER COURT REGISTRY LOCATION:
COURT OF APPEAL
Regina
Respondent
vs.
Appellant
Particulars of Conviction
1 Place of conviction
2 Name of Judge
3 Offence(s) of which appellant convicted
4 Section of Criminal Code or other Act under which appellant convicted was
(State here if appeal is under the Young Offenders Act.)
5 Plea at trial
6 Whether or not jury trial
7 Length of trial
8 Sentence imposed
9 Date of conviction
10 Date of sentence
11 If appellant in custody, place of incarceration
TAKE NOTICE that the appellant (strike out inapplicable provisions):
(a) appeals against his conviction upon grounds involving question of law alone;
(b) applies for leave to appeal his conviction upon grounds involving a question of fact alone or a question of mixed law and fact, and if leave be granted hereby appeals against the conviction.
(c) applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence.
The grounds for appeal are
(Use additional separate sheet if necessary)
The relief sought is
The appellant’s address for service is
Dated this day of 19
Solicitor on behalf of appellant
To the Registrar
- SI/91-81, s. 12
FORM 1A[Paragraph 3(1)(a) and subrule 5(1)]Notice of Appeal or Application for Leave to Appeal
Summary Conviction Appeal
Criminal Code Subsection 839(1)
(Where notice is filed by a solicitor on behalf of the appellant)
LOWER COURT REGISTRY NUMBER:
LOWER COURT REGISTRY LOCATION:
COURT OF APPEAL
Regina
Respondent
vs.
Appellant
Particulars of Decision on Appeal
1 Place of conviction
Place of appeal to Supreme Court
2 Name of Judge — Trial (Provincial Court)
— Appeal (Supreme Court) 3 Offence(s) of which the appellant was convicted at trial and with respect to which the appellant’s appeal to the Supreme Court was dismissed
4 Section(s) of Criminal Code or other Act under which the appellant was convicted
5 Plea at trial
6 Length of trial
Length of appeal proceedings in Supreme Court
7 Sentence imposed — Trial
Sentence on appeal (if different)
8 Date of conviction at trial
Date of Supreme Court decision
9 Date of sentence
10 If appellant in custody, place of incarceration
TAKE NOTICE THAT the appellant applies for leave to appeal the decision dismissing the summary conviction appeal on grounds involving a question of law alone, and if leave be granted, hereby appeals against the said decision.
The grounds of appeal are
(Use an additional separate sheet if necessary)
The relief sought is
The appellant’s address for service is
Dated this day of , 19.
Solicitor on behalf of appellant
To the Registrar
- SI/91-81, s. 13
FORM 2[Paragraph 3(1)(b) and subrule 5(1)]Notice of Appeal or Application for Leave to Appeal
(Where appellant not represented by a solicitor)
LOWER COURT REGISTRY NUMBER:
LOWER COURT REGISTRY LOCATION:
COURT OF APPEAL
To the Registrar:
- Name of appellant
- Place of trial
- Name of courtFootnote 1
- Name of judge
- Was this a jury trial
- Offence(s) of which convictedFootnote 2
- Plea at trial
- Sentence imposed
- Date of conviction
- Date of imposition of sentence
- Name and address of place at which appellant is in custody or if not in custody, appellant’s address
- If in custody, address other than institution
I, the above named appellant, hereby give you notice that I desire to appeal to the Court of Appeal against myFootnote 3 on the grounds set out on page 3 of this notice.
I desire to present my case and argument whether it be for leave to appealFootnote 4 or by way of appeal where leave is not necessaryFootnote 5,
(a) in writingFootnote 6.
(b) in person.
If a new trial is ordered and you have a right to trial by jury do you wish trial by jury?
Dated this day of , 19.
(SignedFootnote 7)Appellant
Return to footnote 1Provincial Court, County Court, Supreme Court
Return to footnote 2e.g. theft, forgery (State here if appeal is under the Young Offenders Act.)
Return to footnote 3If the appellant wishes to appeal against conviction, he must write the word “conviction”. If he wishes to appeal against sentence, he must write the word “sentence”. If he wishes to appeal against both conviction and sentence he must write the words “conviction and section”. If an appellant convicted of more than one offence wishes to appeal against only some of the convictions or sentences, he must state clearly the convictions or sentences against which he wishes to appeal.
Return to footnote 4See Note 1 below.
Return to footnote 5Stroke out (a) or (b).
Return to footnote 6If you desire to submit your case and argument in writing you may serve your written argument within 14 days after receipt by you of the report of the trial judge.
Return to footnote 7This notice must be signed by the appellant. If he cannot write he must affix his mark in the presence of witnesses. The name and address of each attesting witness must be given.
Notes
1 (a) If your appeal against conviction involves a question of law alone you have a right of appeal
(b) If your appeal against conviction is upon any other ground than a question of law, then you have no right of appeal unless leave to appeal is first granted. Your notice of appeal includes an application for leave to appeal where leave is necessary.
(c) You have no right to appeal against sentence unless leave to appeal is first granted by the Court of Appeal or a justice. Your notice of appeal includes an application for leave to appeal.
2 Further take notice that if you appeal from sentence the Court of Appeal may increase your sentence.
3 (a) If your appeal is against conviction or sentence alone, or against both conviction and sentence, this notice must be filed within 30 days of the date of imposition of the sentence.
(b) If this notice is filed beyond this time, then you must apply for an extension of time by completing Form 7.
Grounds of Appeal
These must be filled in before notice is sent to the Registrar. The appellant must here set out the grounds or reasons he alleges why his conviction should be quashed or his sentence reduced. If one of the grounds set out is “misdirection” by the judge, particulars of the alleged misdirection must be set out in this notice.
(Use additional separate sheet if necessary)
- SI/91-81, s. 14
FORM 3[Paragraph 4(1)(a) and subrule 5(1)]Notice of Appeal or Application for Leave to Appeal
Crown Appeals Against Acquittal or Sentence
LOWER COURT REGISTRY NUMBER:
LOWER COURT REGISTRY LOCATION:
COURT OF APPEAL
Regina
Respondent
vs.
Appellant
Particulars of Acquittal or Sentence
1 Place of acquittal or sentencing
2 Name of Judge
3 Offence(s) of which defendant convicted or acquitted, as the case may be
4 Section of Criminal Code or other Act under which defendant was convicted or acquitted. (State here if appeal is under Young Offenders Act, if applicable.)
5 Plea at trial
6 Whether or not jury trial
7 Length of trial
8 Sentence imposed
9 Date of conviction or acquittal
10 Date of sentence
11 If defendant in custody, place of incarceration
TAKE NOTICE that the appellant (strike out inapplicable provisions):
(a) appeals against the acquittal of the respondent upon grounds involving question of law alone;
(b) applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence;
(c) (other — e.g. appeals under subsection 676(3) or (4) of the Criminal Code).
The grounds of appeal are
(Use additional separate sheet if necessary)
The relief sought is
The appellant’s address for service is
Dated this day of 19
Solicitor on behalf of appellant
To the Registrar
- SI/91-81, s. 15
FORM 4 - APPEAL BOOK[Rule 8]
Cover Page (Coloured Blue)
Court of AppealON APPEAL FROM: (State court or judge from whose order the appeal is brought, together with the date that the order was pronounced.) (Style of Cause) BETWEEN: REGINA (Respondent/Appellant) AND: (Appellant/Respondent) |
Appeal Book |
(Name of counsel for appellant) Counsel (Name of counsel for respondent) Counsel |
Index to Appeal Book
| INDEX | ||
| DESCRIPTION | DATE | PAGE |
Appeal BookPART 1 - INFORMATION OR INDICTMENTPART 2 - EXHIBITS AND AFFIDAVITS(Each document forming an exhibit or part of an exhibit with its description, date and number in the order in which it was filed together with the page number of the transcript at which the exhibit is first referred to in the evidence. Any exhibits or affidavits that have been excluded under Rule 9 shall be listed.) PART 3 - ORDERS, JUDGMENTS AND NOTICE OF APPEAL(The order under appeal together with the reasons for judgment and the name of the judge who delivered them followed by the notice of appeal.) TranscriptPART 1 - EVIDENCE(Each witness by name, stating whether for the Crown or defendant, examination in chief, cross examination, re-examination or as the case may be, giving the page.) PART 2 - RULINGS, REASONS FOR JUDGMENT OR CHARGE TO THE JURY(Each ruling made by the trial judge and his reasons for judgment or, where the trial was with a jury, his charge to the jury.) EXCLUDED EVIDENCE(A statement of evidence excluded under Rule 9.) | ||
Part 1 - Information or Indictment
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Part 2 - Exhibits and Affidavits
| 1 | Part 2 - Exhibits and Affidavits(PART 2 - Exhibits and Affidavits: This Part shall contain each document in the order that it was filed. Unless something turns on the document itself, cheques, notes, bills and other similar documents need not be reproduced so long as their effect is stated. Documents having common characteristics shall be arranged in separate groups in order of their dates, and exhibits and affidavits to be reproduced in facsimile may, if numerous or of a special size, be grouped together. Where evidence from the matter under appeal consisted of affidavit evidence, all affidavits shall be reproduced in this Part.) | |
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Part 3 - Orders, Judgments and Notice of Appeal
| 1 | Part 3 - Orders, Judgments and Notice of Appeal(PART 3 — Orders, Judgments and Notice of Appeal: This part shall contain the order under appeal with the name of the judge who gave it. The surname of a judge shall be followed by the initials “J.” for a judge of the Supreme Court and “P.C.J.” for a judge of the Provincial Court. Where no transcript is filed, this Part shall contain each ruling of the trial judge or, where the trial was with a jury, the judge’s charge to the jury. The Notice of Appeal shall be included at the end of this Part.) | |
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- SI/91-81, s. 16
FORM 5 - TRANSCRIPT[Rule 8]
Cover Page (coloured red)
Court of AppealON APPEAL FROM: (State court or judge from whose order the appeal is brought, together with the date that the order was pronounced.) (Style of Cause) BETWEEN: REGINA (Respondent/Appellant) AND: (Appellant/Respondent) |
Transcript |
(Name of counsel for appellant) Counsel (Name of counsel for respondent) Counsel |
Index to Transcript
| INDEX | ||
| DESCRIPTION | DATE | PAGE |
TranscriptPART 1 - EVIDENCE(Each witness by name, stating whether for the Crown or defendant, examination in chief, cross examination, re-examination or as the case may be, giving the page.) PART 2 - RULINGS, REASONS FOR JUDGMENT OR CHARGE TO THE JURY(Each ruling made by the trial judge and his reasons for judgment or, where the trial was with a jury, his charge to the jury.) EXCLUDED EVIDENCE(A statement of evidence excluded under Rule 9.) | ||
Part 1 - Evidence
| 1 | Part 1 - Evidence(PART 1 - Evidence: This Part shall contain a transcription of the evidence stating the name of the witness, the party on whose behalf the witness was tendered and, on each page, whether the evidence was during examination in chief, cross examination, re-examination or as the case may be. Each question shall be preceded by the letter “Q” at the beginning of the question and the answer shall be preceded by the letter “A” at the beginning of the answer. Each page of the transcript shall have 47 lines and each line shall be consecutively numbered in the left margin.) | |
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Part 2 - Rulings, Reasons for Judgment or Charge to the Jury
| 1 | Part 2 - Rulings, Reasons for Judgment or Charge to the Jury(PART 2 - Rulings, Reasons for Judgment or Charge to the Jury: This Part shall contain each ruling made by the trial judge as well as his reasons for judgment or, where the trial was with a jury, his charge to the jury.) | |
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FORM 6 — FACTUM[Rule 10]
Cover Page(Coloured buff for appellant’s factum. Coloured green for respondent’s factum.)
Court of Appeal File Number: Registry Court of AppealON APPEAL FROM: (State court or judge from whose order the appeal is brought, together with the date that the order was pronounced.) (Style of Cause) BETWEEN: REGINA (Respondent/Appellant) AND: (Appellant/Respondent) |
Appellant’s (Respondent’s) Factum |
(Name of counsel for appellant) Counsel (Name of counsel for respondent) Counsel |
INDEX(The index is printed on the right side of the factum. All pages in the remainder of the factum are printed on the left. Pages should be numbered consecutively beginning at the first page of Part 1. The factum shall be double spaced, except for excerpts from an authority or a reproduction of an enactment, which shall be single spaced.)
| INDEX | |
| PART | PAGE |
PART 1STATEMENT OF FACTS PART 2ERRORS IN JUDGMENT (Appellant’s factum) ISSUE(S) ON APPEAL (Respondent’s factum) PART 3ARGUMENT PART 4NATURE OF ORDER SOUGHT APPENDICES (if any)LIST OF AUTHORITIES | (State page where applicable Part begins.) |
PART 1In Parts 1 to 4, the left margin shall have printed numbers that correspond to the appropriate line of that page.)
| 1 | Part 1 - Statement of Facts(In the appellant’s factum, this Part shall consist of a concise statement of the course of the proceedings and the facts of the case. Each paragraph of this Part shall be consecutively numbered. In the respondent’s factum, this Part shall consist of the respondent’s position with respect to the appellant’s statement of facts together with a concise statement of any other facts that the respondent considers relevant. In each factum, the course relied on for a statement of fact (e.g. testimony and exhibit or the reasons for judgment) should be identified by referring to the page and lines of the appeal book or transcript.) | |
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PART 2
| 1 | PART 2Errors in Judgment (Appellant’s Factum)(or)Issue(S) on Appeal (Respondent’s Factum)(In the appellant’s factum, this Part shall consist of a concise statement that sets out clearly and particularly in what respect the charge to the jury or the judgment or order appealed from is alleged to be in error. In the respondent’s factum, this Part shall consist of a statement of the respondent’s position in regard to the points put in issue in the appellant’s factum and of any other points that the respondent may properly put in issue.) | |
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PART 3
| 1 | PART 3Argument(In each factum, this Part shall consist of a concise outline of the argument setting out the points of law or fact to be discussed, with a particular reference to the page and lines of the appeal book or transcript and the authorities in support of each point. Where an enactment is cited or relied on, it may be briefly reproduced in this Part, but it shall be reproduced
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PART 4
| 1 | PART 4Nature of Order Sought(This Part shall consist of a concise statement of the nature of the order that the party preparing the factum desires the court to make.) | |
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LIST OF AUTHORITIES
| 1 | List of Authorities(Following any appendices, there shall be listed in alphabetical order all authorities that are referred to in the factum. After each authority the page or pages in the factum at which the authority is referred to shall be cited. All citations of an authority that are known by counsel shall be given and, when an authority is a decision of the Supreme Court of Canada, the Supreme Court Reports’ citation shall be given first.) | PAGE(S) |
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- SI/91-81, s. 17
FORM 7[Subrule 3(2) and 3(3)]Court of Appeal
Notice of Application for Extension of Time to Appeal
Regina
Respondent
vs.
Appellant
IN THE MATTER OF(Name) convicted at (Place where convicted) before (Judge) of (Offence) on the day of 19 and sentenced to (Length or description of sentence) on the day of 19
TAKE NOTICE that an application will be made on behalf of the above named to this Court, or a Judge thereof, at such time and place as the Registrar may direct, for an extension of time within which (“an appeal may be brought” or “an application for leave to appeal may be made”), upon the following grounds:
Dated at
this day of 19
(Signature of appellant or his solicitor)
(Print name of appellant or solicitor)
(Name and address for service of solicitor, or, if no solicitor, an address, not being a prison, where documents may be served on the appellant if he is not in custody)
To the Registrar of the Court at
- SI/91-81, s. 18
FORM 8[Subrule 19(1)]Court of Appeal
Notice of Application for Release from Custody Pending Determination of Appeal and Order for Release
Regina
Respondent
vs.
Appellant
TAKE NOTICE that an application will be made on (day) at to a Justice of the Court for an order that the appellant be released from custody pending the determination of his appeal against his conviction at
(location) by (Judge) of (offence) on the day of 19
Or
against the sentence of (sentence) imposed on him at (location) by (Judge) on the day of after conviction of the appellant of (offence)
Dated at
this day of 19
(sentence)
(Signature of appellant or his solicitor)
(Print name of appellant or solicitor)
(Name and address for service of solicitor, or, if no solicitor, an address, not being a prison, where documents may be served on the appellant if he is not in custody)
To the Registrar of the Court at
(This order to be completed by the Registrar)
COURT OF APPEAL
Regina
Respondent
vs.
, Appellant
BEFORE THE HONOURABLE MR. JUSTICE }The day of , 19
IT IS ORDERED that the appellant, unless he is detained for some cause other than the said sentence, be released from custody pending the determination of his appeal as aforesaid upon the appellant giving an undertaking or entering into a recognizance
(“without sureties” or “with sureties”)
in the sum of $ (“without any conditions” or “with the conditions that follow”)
before (Justice)
(“without depositing any money or other valuable security” or “upon depositing”)
with (Justice)
Conditions of Recognizance
(a) The appellant will report at (State time and place) to
(State name of peace officer or other person designated)
(b) The appellant will remain within the
(Designated territorial jurisdiction)
(c) The appellant will notify
(Name of peace officer or other designated person)
of any change in his address, employment or occupation.
(d) The appellant will abstain from communicating with
(e) The appellant will deposit his passport with
(f) The appellant shall promptly order and pay for a transcript of the proceedings at trial or, in the event that a Court Reporter was not present, attempt to obtain a copy of the judge’s notes, or depositions of the witnesses, as the case may be.
(g) The appellant shall surrender himself into custody on
APPROVED AS TO FORM
Prosecutor
- SI/91-81, s. 19
FORM 9[Subrule 19(5)]Court of Appeal
Notice to Release Appellant Pending Determination of Appeal
Regina
Respondent
vs.
Appellant
TAKE NOTICE that the appellant, who was convicted at (location) by (title of judge)(name of judge) of (offence) on the day of , 19 and who was sentenced to (sentence) having complied with the order of the Honourable (Mr./Madam) Justice of the Court of Appeal made on the day of , 19 pursuant to section 679 of the Criminal Code, has now the right to be released from custody (unless the appellant is detained for some cause other than the said sentence) pending determination of the appellant’s appeal against the said conviction and sentence or both.
Dated at
this day of 19
Registrar/Justice
To(insert name of person having custody of the appellant)
- SI/91-81, s. 20
FORM 10[Subrule 20(1)]Court of Appeal
Criminal Code Section 680
Regina
Respondent
vs.
Appellant
To the Honourable the Chief Justice of British Columbia:
I hereby request under section 680 of the Criminal Code that you direct a review by the Court of the decision of the Honourable (Mr./Madam) Justice made on the day of , 19.
Dated at
this day of , 19
(Signature of appellant or solicitor)
(Print name of appellant or solicitor)
(Name and address for service of solicitor or, if no solicitor, an address, not being a prison, where documents may be served on the appellant if he is not in custody)
To the Registrar
- SI/91-81, s. 20
FORM 11[Paragraph 14(1)(a)]Court of Appeal
Notice of Abandonment of Appeal
Court of Appeal File No.
Regina
Respondent
vs.
Appellant
I hereby give notice that I abandon this appeal for:
☐ Conviction appeal
☐ Sentence appeal
☐ Other (Specify nature of appeal)
Dated at , British Columbia, this day of , 19
(Signature of appellant or solicitor)
(Print name of appellant or solicitor)
Where signed by the appellant, this notice was signed in the presence of:
Witness
(Print name of witness)
To the Respondent
To the Registrar
- SI/91-81, s. 20
- Date modified: