Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Manitoba Criminal Appeal Rules (SI/92-106)

Regulations are current to 2021-11-17 and last amended on 2019-01-01. Previous Versions

Manitoba Criminal Appeal Rules

SI/92-106

CRIMINAL CODE

Registration 1992-06-17

Manitoba Criminal Appeal Rules

  • * These rules are made under section 482 of the Criminal Code (Canada) and have been published in the Canada Gazette as required under subsection 482(4).

The annexed Rules were adopted at a meeting of the Judges of the Court of Appeal of Manitoba on May 1, 1992.

Interpretation and Definitions

  •  (1) The interpretation and definition sections of the Criminal Code (Canada) apply to these rules.

  • 1 (2) In these rules,

    court

    court means The Court of Appeal of Manitoba; (tribunal)

    initiating document

    initiating document means the first document filed to commence an appeal process and includes a notice of appeal and a notice of application for leave to appeal; (document introductif d’instance)

    judge

    judge means a judge of The Court of Appeal; (juge)

    registrar

    registrar means the registrar or deputy registrar of The Court of Appeal; (registraire)

    summary conviction appeal court

    summary conviction appeal court means the Court of Queen’s Bench sitting on appeal on a summary conviction matter; (tribunal d’appel des poursuites sommaires)

    trial judge

    trial judge includes a judge of the Court of Queen’s Bench or the Provincial Court. (juge de première instance)

Initiating Document Signed by Appellant

 An initiating document shall be signed by the appellant or his or her counsel or agent and shall be directed to the registrar.

Form of Initiating Document

  •  (1) An initiating document for an appeal by an accused shall be in Form 1 of the schedule and shall set out the following information:

    • (a) the offence(s) charged against the accused;

    • (b) the place where the trial was held;

    • (c) the date of conviction and of sentence;

    • (d) the court that made the conviction;

    • (e) the sentence imposed;

    • (f) the age of the accused;

    • (g) whether oral evidence was tendered at trial;

    • (h) whether the accused wishes to be present at the hearing of the appeal;

    • (i) the current mailing address of the accused;

    • (j) the nature of and the reasons for the order that the accused intends to ask the court to make;

    • (k) whether a court order or legislation imposes a publication ban in relation to the trial or other proceeding that is the subject of the appeal and, if so, particulars of the publication ban; and

    • (l) whether access to the court file is to be restricted by court order or legislation and, if so, particulars of the restriction;

    but the court or a judge may make any order allowed by law, notwithstanding that it is not requested in the initiating document, or that proper reasons are not stated in the initiating document.

  • 3 (1.1) An initiating document for a Crown appeal shall be in Form 2 of the schedule in the case of an appeal from acquittal and in Form 3 of the schedule in the case of an appeal from sentence, and shall set out the following information:

    • (a) the offence(s) charged against the accused;

    • (b) the place where the trial was held;

    • (c) the date of acquittal or the date of sentence;

    • (d) the court that granted the acquittal or imposed the sentence;

    • (e) the age of the accused;

    • (f) in the case of an appeal from sentence, the sentence imposed upon the accused;

    • (g) in the case of an appeal from acquittal, whether oral evidence was tendered at trial;

    • (h) the nature of and the reasons for the order that the Crown intends to ask the court to make;

    • (i) whether a court order or legislation imposes a publication ban in relation to the trial or other proceeding that is the subject of the appeal and, if so, particulars of the publication ban; and

    • (j) whether access to the court file is to be restricted by court order or legislation and, if so, particulars of the restriction;

    but the court or a judge may make any order allowed by law, notwithstanding that it is not requested in the initiating document, or that proper reasons are not stated in the initiating document.

  • 3 (2) Where an appeal is by an accused after a trial without a jury with respect to an indictable offence, the notice of appeal may include a request that, if a new trial is granted, the appellant be tried by judge and jury.

  • SI/2003-136, s. 2
  • SI/2018-82, s. 1

Notice of Appeal may be Included

  •  (1) Subject to subrule (2), a notice of appeal may be included in the same document when an application is made for leave to appeal, and no further notice of appeal is necessary if the application is granted.

  • 4 (2) If an application is made for leave to appeal from the summary conviction appeal court, a separate notice of appeal shall be filed within seven days after the order granting leave to appeal is made.

  • SI/2003-136, s. 3

Leave to Appeal

  •  (1) Where an appeal is from a verdict or sentence in a trial by indictment and leave to appeal is required, leave to appeal may be sought

    • (a) on a motion for leave with appropriate supporting materials before a judge in chambers; or

    • (b) from the court in conjunction with the hearing of the appeal on its merits.

  • 4.1 (2) Where an appeal is from a decision of a summary conviction appeal court, leave to appeal shall be sought on a motion for leave filed no later than 30 days after the date of sentence or acquittal with appropriate supporting materials before a judge in chambers.

  • SI/2003-136, s. 3

Filing of Initiating Document by Crown

  •  (1) Where an accused is the appellant or intended appellant, the initiating document shall be sent in quadruplicate by regular lettermail to the registrar, or filed in quadruplicate in the office of the registrar, no later than 30 days after the date of sentence.

  • 5 (2) The registrar shall retain one copy of the initiating document and without delay deliver the other copies to the Attorney General, to the trial court or summary conviction appeal court and to the trial judge.

  • SI/2003-136, s. 3

Filing of Initiating Document by Crown

  •  (1) Where the Crown is the appellant or intended appellant, the Attorney General shall

    • (a) file the initiating document in duplicate with the registrar not later than 30 days after the date of sentence or acquittal; and

    • (b) serve the initiating document on the respondent in accordance with subrule 7(2).

  • 6 (2) The registrar shall retain one copy of the initiating document and without delay deliver one copy to the trial court or summary conviction appeal court.

Service Requirements

  •  (1) Subject to subrule (2), a notice required or authorized to be given by the Criminal Code (Canada) or these rules is deemed to be given if it is sent by regular lettermail to the last known address of the person to whom the notice is to be given.

  • 7 (2) Where the Crown is the appellant or intended appellant under section 676 of the Criminal Code (Canada), notice shall be

    • (a) personally served as soon as practicable on the respondent or on legal counsel who represents the respondent and is authorized to accept service;

    • (b) where the respondent is in custody, sent to the appropriate warden or jailer, who shall serve the notice personally on the respondent; or

    • (c) effected substitutionally in the manner and within the period directed by a judge.

  • 7 (3) A certificate signed by the warden or jailer as to the date of service is sufficient proof of service under subrule (2).

  • SI/2003-136, s. 4

Certificate of Trial judge

 Where a trial judge grants a certificate under section 675 of the Criminal Code (Canada) that the case is a proper case for appeal, the appellant shall file the certificate with the registrar, along with a notice of appeal, within the time limit set out in subrule 5(1).

Judge’s notes proof of Evidence

 If evidence at a proceeding was not recorded in a manner that allows a transcript to be prepared, the presiding judge’s notes certified by him or her are prima facie proof of the evidence and conduct of the proceeding.

  • SI/2003-136, s. 5

Certification of Transcript

 Where a transcript of the evidence and, where applicable, the charge to the jury are certified by the court transcriber, the certificate is prima facie proof of the accuracy of the transcript.

  • SI/2003-136, s. 5

Ordering Transcript

  •  (1) If evidence at a proceeding was recorded in a manner that allows a transcript to be prepared, the appellant shall file with the registrar, at the time the initiating document is filed,

    • (a) confirmation from transcription services that the transcript has been ordered; or

    • (b) a letter to the registrar explaining why the transcript has not been ordered.

  • 11 (2) If the registrar accepts the letter of explanation, the registrar shall extend the time for the appellant to order the transcript and shall provide the appellant with written notice of the new deadline for ordering the transcript.

  • 11 (3) If the letter of explanation is not satisfactory to the registrar, the appellant may, no later than 10 days after being notified by the registrar, apply to a judge in chambers for an extension of time to order the transcript.

  • 11 (4) An appeal shall be deemed to be abandoned if

    • (a) the transcript is not ordered at the time the initiating document is filed and the time for ordering the transcript is not extended by the registrar or a judge; or

    • (b) the registrar or a judge extends the time for ordering the transcript but the transcript is not ordered within that extended time period.

  • 11 (5) The charges that may be made under subsection 682(4) of the Criminal Code (Canada) to obtain the transcript are the same as those fixed with regard to civil cases in the Court of Queen’s Bench.

  • 11 (6) The appellant shall pay for the transcript necessary for an appeal, except where the Crown, as respondent, agrees to assume responsibility for payment.

  • SI/2003-136, s. 5

Notice of Application to Extend Time

 A notice of application to extend the time for appealing or for applying for leave to appeal under section 678 of the Criminal Code (Canada) shall contain the same information as required under subrule 3(1), and shall be given, dealt with by the registrar and proceeded with in the same manner as a notice of application for leave to appeal.

Retention of Documents, Exhibits by Trial Court

 Subject to rules 14 and 15, all documents, exhibits and other things connected with proceedings in a trial court shall be retained by the trial court for no less than 35 days after the disposition of the matter by acquittal, conviction and sentencing or otherwise, until a judge of the court in which the person was tried makes an order for their disposition.

Order re: Custody of Document, Exhibit

 The presiding trial judge, or a trial judge of the court in which a person is tried, may, during or after the trial, make a special order as to the custody or conditional release of a document, exhibit or other thing produced at the trial as the circumstances or their nature make desirable and proper, including an order that narcotics under the Narcotic Control Act (Canada) or restricted or controlled drugs under the Food and Drugs Act (Canada) and regulations be released to the custody of police officers to be held by them pending a possible appeal.

Release of Document, Exhibit

 The presiding trial judge, or a trial judge of the court in which a person was tried, may, after the trial, with the written consent, whether absolute or on terms, of counsel for the Crown and counsel for the accused, or the accused personally if he or she is unrepresented, release a document, exhibit or other thing produced at the trial to the person who produced it.

Further Order re: Restitution, etc.

 Where an initiating document is filed, a trial judge who, after a conviction, made an order for restitution, reimbursement, satisfaction or compensation for loss or damage,

  • (a) shall make such further order as is appropriate to secure the safe custody of property or money referred to in any such order while the operation of the order is suspended under the Criminal Code (Canada) pending appeal; and

  • (b) may stay a prior order for restitution, reimbursement, satisfaction or compensation for loss or damage.

Delivery of Material by Trial Court

  •  (1) On receiving a copy of an initiating document from the registrar under subrule 5(2) or 6(2), the trial court or summary conviction appeal court shall send to the registrar the court file together with all related documents, exhibits and other things that are in the control of the trial court or summary conviction appeal court.

  • 17 (2) Anything that is delivered to the court under subrule (1) shall be held in safekeeping under the direction of the registrar pending proceedings in the court, but the registrar may continue to store exhibits in space designated for that purpose by the Court of Queen’s Bench or the Provincial Court.

Attorney General to Prepare Appeal book

  •  (1) In cases involving an appeal as to acquittal or conviction, the Attorney General shall prepare and file an appeal book with the registrar

    • (a) within 30 days after the initiating document is filed, or as soon thereafter as practicable, if the Crown is the appellant; or

    • (b) within 30 days after the factum is filed by the appellant, or as soon thereafter as practicable, if the Crown is the respondent.

  • 18 (1.1) In cases involving an appeal of a sentence only, the Attorney General shall prepare and file the appeal book as soon as practicable after the initiating document is filed.

  • 18 (2) Where practicable, the Attorney General shall prepare and file with the registrar an appeal book in cases where an application for leave to appeal is made.

  • 18 (3) The Attorney General shall, immediately after filing an appeal book with the registrar,

    • (a) deliver a copy of the appeal book to the parties to the appeal or their counsel; or

    • (b) send a copy of the appeal book to the parties or their counsel by regular lettermail at their last known addresses.

  • 18 (4) The Attorney General shall have access, for the purpose of preparing an appeal book, to the court file and all documents, exhibits and other things that are delivered to the registrar under subrule 17(1).

  • 18 (5) An appeal book shall contain

    • (a) the initiating document;

    • (b) written exhibits relevant to the appeal;

    • (c) reasons for decision (whether or not contained in the transcript of evidence);

    • (d) pre-sentence reports and other exhibits on a sentencing hearing; and

    • (e) such other materials as may be necessary to enable the court to adjudicate the issues on appeal.

  • 18 (6) Where the court proceeds with an appeal hearing on an expedited basis, the Attorney General shall, where practicable, prepare and file an appeal book before the appeal hearing.

  • 18 (7) A party may file a supplementary appeal book containing materials relevant to the appeal that are omitted from the appeal book filed by the Attorney General.

  • SI/2003-136, s. 6
 
Date modified: