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British Columbia Court of Appeal Criminal Appeal Rules, 1986

Version of section 8 from 2006-03-22 to 2019-09-18:

  •  (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

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