Filing and Service of Factums on Sentence Appeal
19 Where the issue on appeal is sentence only, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal,
(a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript of the sentencing hearing or, where a transcript is not required, the appeal book; and
(b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after being served with the appellant’s factum.
- SI/2003-136, s. 7
- SI/2010-40, s. 1
Filing and Service of Factums on Appeal re: Conviction, Acquittal
20 (1) Where the issue on appeal relates to conviction, conviction and sentence or acquittal, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal,
(a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript at trial or, where a transcript is not required, the appeal book; and
(b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after service on the respondent of the appellant’s factum.
20 (2) Where the court proceeds with an appeal hearing on an expedited basis the parties shall, where practicable, prepare and file their factums before the appeal hearing.
- SI/2003-136, s. 8
Extension of Time for Filing of Factum
21 Except where the registrar has issued a notice under subrule 25(4), the time limit referred to in rule 19 or subrule 20(1) for filing an appellant’s factum or a respondent’s factum may be extended, either before or after the expiry of the applicable time limit,
(a) by the registrar if a written request to do so is made before the expiry of the applicable time limit and all other parties consent; or
(b) by a judge in chambers on a motion supported by an affidavit and with notice to all other parties.
- SI/2003-136, s. 9
- SI/2010-40, s. 2
Civil Rules to Apply
22 A factum filed under rule 19, 20 or 21 shall be prepared in accordance with the Court of Appeal Rules (Civil and Language).
23 (1) A party that intends to rely on a case book shall file three copies with the registrar.
23 (2) The case book shall be filed
(a) by an appellant, within 14 days after the appellant files a factum;
(b) by a respondent, within 14 days after the respondent files a factum; or
(c) by an appellant and respondent that intend to rely on a joint case book, within 14 days after the respondent files a factum.
- SI/2010-40, s. 3
Argument of Unrepresented Party
24 A person who is unrepresented by legal counsel may file a written argument with the registrar at any time before the day fixed for the hearing but is entitled to a hearing without filing a written argument or a case book.
25 (1) The registrar shall fix the dates for court hearings and shall advise the parties of the dates.
25 (2) [Repealed, SI/2010-40, s. 4]
25 (3) Where the appellant’s factum is not filed within the time limits set out in these rules, the registrar or a judge may fix a date for hearing, and thereafter, the respondent shall have 30 days within which to file a factum.
25 (4) Where
(a) the appellant’s factum is not filed within the time limits set out in these rules;
(b) no extension of time has been sought under rule 21 within three months after the receipt by the registrar of the transcript or, where a transcript is not required, the appeal book; and
(c) no date for a hearing has been set under subrule (3);
the registrar shall notify counsel for the appellant, or the appellant, if unrepresented, that, unless the appeal is perfected in accordance with these rules within 30 days after the date of the notice, the appeal will be deemed to be abandoned.
- SI/2003-136, s. 10
- SI/2010-40, s. 4
Non-receipt of Transcript
26 Where an appeal hearing is dependent upon a consideration of a transcript of trial proceedings and
(a) the transcript is not received by the registrar within four months after the initiating document is filed unless transcription services advises the registrar that the transcript has been ordered but will not be completed until a later date; or
(b) it appears to the registrar that the transcript has not been ordered or will not be available;
the registrar may notify the appellant that, unless the appeal is perfected in accordance with these rules within 30 days after the date of the notice, the appeal will be deemed to be abandoned.
- SI/2003-136, s. 11
Application of Queen’s Bench Rules
27 Where the appellant or respondent obtains leave of the court to call further evidence at the hearing of the appeal, the attendance of a witness or the production of a document may be obtained in accordance with the applicable provisions in the Court of Queen’s Bench Rules, Manitoba Regulation 553/88, and all the provisions of those rules, so far as they are applicable, apply to the production of evidence on an appeal.
28 [Repealed, SI/2003-136, s. 12]
Referral to Court
29 A judge in chambers may refer an application for leave to appeal to the court for determination either separately or in conjunction with a hearing of the appeal on its merits.
Hearing of Appeal where Leave Granted
30 Where the court grants an application for leave to appeal, it may immediately hear the appeal on its merits or direct that the case be placed on the list for hearing at such future time as the court determines.
Notice to Attorney General
31 An application for judicial interim release pending appeal shall be made on no less than one clear day’s notice to the Attorney General unless the Attorney General agrees to a shorter period of notice.
Compliance with Rule 11 Required
32 On an application for judicial interim release, where oral evidence was taken at trial, the appellant shall satisfy the judge that he or she has complied with the requirements of Rule 11.
- SI/2003-136, s. 13
Order Allowing Judicial Interim Release
33 Where a judge determines that the appellant should be allowed judicial interim release on entering into a recognizance, the judge shall specify, in an order in Form 4 of the schedule, the amounts in which the appellant and his or her surety or sureties, if any, shall be bound on recognizance, and shall specify such conditions as may be appropriate, such as a date before which the hearing must be held.
- SI/2003-136, s. 13
Form of Recognizance
34 (1) A recognizance ordered under rule 33 shall be in Form 5 or 6 of the schedule and may be declared before the registrar, who shall, subject to subrule (2), satisfy himself or herself as to its sufficiency.
34 (2) Where Crown counsel advises that the Crown is satisfied as to the sufficiency of a recognizance, no further inquiry by the registrar is required.
- SI/2003-136, s. 14
Release of Appellant
35 (1) The recognizances of an appellant and of his or her surety or sureties, if any, shall be filed with the registrar, who shall without delay, in Form 7 of the schedule, notify the warden, superintendent or jailer of the correctional institution in which the appellant is confined of the granting of judicial interim release and of the right of the appellant to be released from custody unless the appellant is detained for some other cause.
35 (2) A notice under subrule (1), when received by the warden, superintendent or gaoler, is sufficient authority for him or her to release the appellant from custody.
- SI/2003-136, s. 15
Termination of Surety’s Obligations
36 (1) A surety who suspects that an appellant is about to depart from the province contrary to a condition of the appellant’s recognizance or to fail to observe any other condition of the recognizance, may apply to the registrar for termination of his or her obligations as surety.
36 (2) Where the obligations of a surety are terminated under subrule (1), the registrar shall issue a warrant for the apprehension of the appellant.
Committal of Appellant
37 An appellant who is apprehended under a warrant issued under rule 36 shall be taken before a judge who shall, on verification of the information laid, commit the appellant to a correctional institution.
Revocation of Judicial Interim Release order
38 At any time after an appellant is granted judicial interim release, a judge may, if he or she is satisfied that it is in the interests of justice to do so, revoke the order allowing judicial interim release, issue a warrant for apprehension of the appellant and order the appellant to be committed.
Notification to Attorney General
39 Where a judge orders an appellant to be committed under rule 37 or 38, the registrar shall without delay notify the Attorney General of the order of committal.
Right of Surety to Apprehend Appellant
40 Nothing in these rules affects the right of a surety to apprehend and surrender into custody an appellant for whose appearance the surety is bound.
Order that Recognizances be Estreated
41 On a breach of recognizance by an appellant, a judge, after a hearing with notice to the sureties, may order the recognizances of the appellant and of the sureties to be estreated.
Effect of Non-compliance
42 Non-compliance with these rules does not render a proceeding void, but where non-compliance occurs, the court may give such direction or make such order as it considers appropriate to give effect to the intent of these rules.
Extension of Time Limits
43 The time limits set by statute or by these rules may, subject to the statute, be extended by the court or a judge of the court either before or after the expiry of the time limits.
43.1 Rule 43 does not apply to the time limits for filing an appellant’s factum or a respondent’s factum, which may be extended only in accordance with rule 21.
- SI/2010-40, s. 5
Intervenors Entitled to Participate
44 Where, in a trial proceeding that becomes the subject matter of appeal, intervenors have participated in accordance with The Constitutional Questions Act, the initiating document shall be delivered to the intervenors and they are entitled to participate in the same manner as the respondent.
Civil Rules Apply
45 In matters not provided for in these rules, the Court of Appeal Rules, (Civil and Language), with necessary modifications, apply wherever they are applicable.
Coming into Force
47 This regulation comes into force on July 1, 1992.
May 1, 1992
|THE COURT OF APPEAL:
|R.J. SCOTT C.J.M.
|J.F. O’SULLIVAN J.A.
|C.R. HUBAND J.A.
|A.R. PHILP J.A.
|A.K. TWADDLE J.A.
|S.R. LYON J.A.
|B.M. HELPER J.A.
- Date modified: