Manitoba Criminal Appeal Rules (SI/92-106)
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Regulations are current to 2023-11-14 and last amended on 2019-01-01. Previous Versions
SCHEDULE
FORM 1(Subrule 3(1))Notice of Appeal/Notice of Application for Leave To Appeal by Accused
IN THE MATTER OF (name of accused in full)(D.O.B.
D/M/Y) convicted (or pleaded guilty) on the day of 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of 20 before (name of judge) at the (name of court) in (court centre), and now in custody at (name of institution or penitentiary) or whose last known address is:
The accused intends to (appeal or apply for leave to appeal) to The Court of Appeal against the (conviction and/or sentence) on the following grounds:
And such further grounds as counsel may advise and This Honourable Court may permit.
The accused wishes to present his/her case and argument (in writing or by oral argument)
The accused (desires or does not desire) to be present in person at the hearing of the appeal.
WAS ORAL EVIDENCE TENDERED AT TRIAL? YES NO
HAS A TRANSCRIPT OF THE EVIDENCE WITH RESPECT TO CONVICTION AND/OR SENTENCE BEEN ORDERED FROM TRANSCRIPTION SERVICES? YES NO
HAS A COURT ORDER OR LEGISLATION IMPOSED A PUBLICATION BAN IN RELATION TO THE TRIAL OR OTHER PROCEEDING THAT IS THE SUBJECT OF THE APPEAL?
YES NO
IF YES, ATTACH A COPY OF THE ORDER IF AVAILABLE OR PROVIDE DETAILS ON THE PUBLICATION BAN:
HAS ACCESS TO THE COURT FILE BEEN RESTRICTED BY COURT ORDER OR LEGISLATION?
YES NO
IF YES, ATTACH A COPY OF THE ORDER IF AVAILABLE OR PROVIDE DETAILS ON THE RESTRICTION TO THE COURT FILE:
Address for service for the accused is (Address of accused or counsel for accused)
DATED this day of , 20
Signature of accused or counsel for accused
| TO: | The Registrar of The Court of Appeal | ||
| Law Courts Building | |||
| 100E - 408 York Avenue | |||
| Winnipeg, MB R3C 0P9 | |||
| AND TO: | The Attorney General of Manitoba | OR | The Attorney General of Canada |
FORM 2(Subrule 3(1.1))Notice of Appeal/Notice of Application for Leave To Appeal from Acquittal by Crown
IN THE MATTER OF (name of accused in full)(D.O.B.D/M/Y) acquitted on the day of 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre)
Last known address of accused:
The Attorney General of the Province of Manitoba/The Attorney General of Canada,(appeals or applies for leave to appeal) to The Court of Appeal against the acquittal of the accused on the following grounds:
And such further grounds as counsel may advise and This Honourable Court may permit.
The Court will be asked to reverse the acquittal and
The address for service of the Attorney General is:
WAS ORAL EVIDENCE TENDERED AT TRIAL? YES NO
HAS A TRANSCRIPT OF ALL RELEVANT EVIDENCE BEEN ORDERED FROM TRANSCRIPTION SERVICES?
YES NO
HAS A COURT ORDER OR LEGISLATION IMPOSED A PUBLICATION BAN IN RELATION TO THE TRIAL OR OTHER PROCEEDING THAT IS THE SUBJECT OF THE APPEAL?
YES NO
IF YES, ATTACH A COPY OF THE ORDER IF AVAILABLE OR PROVIDE DETAILS ON THE PUBLICATION BAN:
HAS ACCESS TO THE COURT FILE BEEN RESTRICTED BY COURT ORDER OR LEGISLATION?
YES NO
IF YES, ATTACH A COPY OF THE ORDER IF AVAILABLE OR PROVIDE DETAILS ON THE RESTRICTION TO THE COURT FILE:
DATED this day of , 20.
Signature of counsel
| TO: | The Registrar of The Court of Appeal |
| Law Courts Building | |
| 100E - 408 York Avenue | |
| Winnipeg, MB R3C 0P9 | |
| AND TO: | The accused |
| AND TO: | Counsel for the accused |
FORM 3(Subrule 3(1.1))Notice of Appeal/Notice of Application for Leave To Appeal from Sentence by Crown
IN THE MATTER OF (name of accused in full)(D.O.B.D/M/Y) convicted (or pleaded guilty) on the day of , 20, of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre), and was sentenced on the day of , 20 before (name of judge) at the (name of Court) in (court centre), and now in custody at (name of institution or penitentiary)
or
whose last known address is:
The Attorney General of the Province of Manitoba/The Attorney General of Canada, (appeals or applies for leave to appeal) to The Court of Appeal against the sentence imposed on the accused on the following grounds:
And such further grounds as counsel may advise and This Honourable Court may permit. The Court of Appeal will be asked to impose a fit sentence.
The address for service of the Attorney General is:
HAS A TRANSCRIPT OF ALL RELEVANT EVIDENCE FROM THE SENTENCING HEARING BEEN ORDERED FROM TRANSCRIPTION SERVICES? YES NO
HAS A COURT ORDER OR LEGISLATION IMPOSED A PUBLICATION BAN IN RELATION TO THE TRIAL OR OTHER PROCEEDING THAT IS THE SUBJECT OF THE APPEAL?
YES NO
IF YES, ATTACH A COPY OF THE ORDER IF AVAILABLE OR PROVIDE DETAILS ON THE PUBLICATION BAN:
HAS ACCESS TO THE COURT FILE BEEN RESTRICTED BY COURT ORDER OR LEGISLATION?
YES NO
IF YES, ATTACH A COPY OF THE ORDER IF AVAILABLE OR PROVIDE DETAILS ON THE RESTRICTION TO THE COURT FILE:
DATED this day of , 20.
Signature of counsel
| TO: | The Registrar of The Court of Appeal |
| Law Courts Building | |
| 100E - 408 York Avenue | |
| Winnipeg, MB R3C 0P9 | |
| AND TO: | The accused |
| AND TO: | Counsel for the accused |
FORM 4(Rule 33)Judicial Interim Release Order in the Court of Appeal
| The Honourable | ) | ||
| ) | the day | ||
| ) | of 20 | |
| ) | |||
| In Chambers | ) |
In the matter of the appeal of (name of accused in full) convicted at (name of court) by (name of judge) on the |
[ ] |
APPLICATION OF THE ABOVE-NAMED ACCUSED [ ] DENIED [ ] BASED ON ACCUSED’S PERSONAL UNDERTAKING |
OR |
[ ] BASED ON ACCUSED’S RECOGNIZANCE $ |
[ ] WITH SURETY/SURETIES $ [ ] WITH CASH DEPOSIT $ |
OTHER CONDITIONS: | |
| [ ] | KEEP THE PEACE AND BE OF GOOD BEHAVIOUR: |
| [ ] | REMAIN WITHIN: |
| [ ] | RESIDE AT: |
| [ ] | ABSTAIN FROM COMMUNICATING WITH: |
| [ ] | ABSTAIN FROM ALCOOL |
| [ ] | ABIDE BY ALL RULES AND REGULATIONS OF: |
| [ ] | ATTEND IN PERSON AT THE HEARING OF THE APPEAL AND REPORT TO THE CLERK OF THE COURT OF APPEAL, ROOM 330, LAW COURTS BUILDING, WINNIPEG, NO LATER THAN TEN MINUTES BEFORE THE SCHEDULED HEARING OF THE APPEAL |
| [ ] | THE ACCUSED OR COUNSEL FOR THE ACCUSED MUST CONFIRM THAT A TRANSCRIPT OF ALL APPLICABLE EVIDENCE HAS BEEN ORDERED WITH RESPECT TO CONVICTION AND/OR SENTENCING FROM TRANSCRIPTION SERVICES |
| [ ] | THE ACCUSED UNDERTAKES TO ABIDE BY THE RULES OF COURT FOR THE FILING OF A FACTUM AND TO PROCEED WITH A HEARING OF THE APPEAL, ON A DATE TO BE FIXED, NO LATER THAN THE DAY OF |
| [ ] | OTHER |
DATED this | |
FIAT: | |
| J.A | |
FORM 5(Rule 34)Recognizance
WHEREAS (name of accused in full)(D.O.B. D/M/Y) was convicted on the |
upon the accused giving an undertaking or upon the accused entering into a recognizance |
in the sum of $ |
The accused now personally comes before me, |
to confirm in writing the undertaking or to enter into the recognizance in the sum of $ |
ANY NOTICES in connection with the appeal are to be addressed to the accused’s place of residence, namely
|
and no change of residence shall be made without notification to the registrar of The Court of Appeal. |
DECLARED AND ACKNOWLEDGED before me this |
| | |
| Registrar | Signature of accused |
FORM 6(Rule 34)Recognizance of Surety
WHEREAS (name of accused in full)(D.O.B. D/M/Y) was convicted on the |
(name of surety in full), now personally comes before me, to enter into a recognizance in the sum of $ |
DECLARED AND ACKNOWLEDGED before me this |
| | |
| Registrar | (Signature of Surety) | |
| ||
| (Address & Phone Number of Surety) |
FORM 7(Rule 35)Direction for Release
IN THE MATTER OF (name of accused in full)(D.O.B. D/M/Y) convicted on the |
upon the accused giving an undertaking or upon the accused entering into a recognizance subject to conditions and with sureties as ordered. |
I now notify you that the accused, having been allowed judicial interim release, has the right to be released from custody (unless he/she is detained for some other cause), pending the hearing and disposition of the appeal. |
DATED this |
Registrar of The Court of Appeal |
TO: (The superintendent or warden of institution or penitentiary where the accused is in custody) |
- SI/2003-136, s. 16
- SI/2018-82, s. 2
- Date modified: