Rules of the Supreme Court of Canada
(a) be in Form 33A;
(b) in the case of an appeal under paragraph 691(1)(a) or (2)(a) or (b), 692(3)(a) or 693(1)(a) of the Criminal Code, cite the legislative provision that authorizes the appeal, set out the questions of law, including the question of law on which the dissenting judgment of the court appealed from is, in whole or in part, based, and include as a schedule to the notice of appeal a copy of the information or indictment, the judgment and the reasons for judgment of the court appealed from; and
(c) in the case of all other appeals for which leave to appeal is not required, cite the legislative provision that authorizes the appeal and include as a schedule to the notice of appeal a copy of the judgment and the reasons for judgment of the court appealed from.
(d) [Repealed, SOR/2019-1, s. 6]
(2) In the case of an appeal that raises an issue in respect of the constitutional validity or applicability of a statute, regulation or common law rule, or the inoperability of a statute or regulation, a notice of constitutional question in Form 33B shall be filed by the appellant, as a schedule to the notice of appeal, or by the respondent, if the issue has been raised by the respondent, within 30 days after leave to appeal has been granted or after the filing of the notice of appeal in respect of an appeal for which leave is not required.
(3) On the same day as the notice of constitutional question is filed, a copy of it shall be served by email on all other parties to the appeal and on any attorney general who is not already a party to the appeal together with hyperlinks to
(a) the judgment granting the application for leave to appeal and the reasons for judgment of the court appealed from;
(b) the legislative provisions at issue; and
(c) if applicable, the relevant provisions of the Canadian Charter of Rights and Freedoms and any other legislative provision relied on by the party.
(4) Within four weeks after the service of a notice of constitutional question, an attorney general who intends to participate in the appeal shall serve on all other parties and file with the Registrar a notice of intervention in Form 33C without being required to obtain leave to intervene.
- SOR/2006-203, s. 11
- SOR/2011-74, s. 17
- SOR/2013-175, s. 23
- SOR/2016-271, s. 21
- SOR/2019-1, s. 6
- Date modified: