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Manitoba Criminal Appeal Rules

Version of section 3 from 2019-01-01 to 2019-09-18:

  •  (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

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