Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002) (SI/2002-96)

Post-Sentence Report

• 24 (1) A party to the appeal may apply to the Court for an order that a post-sentence report be prepared.

• (2) A party to the appeal may, with consent of the other party or with leave of the Court, file post-sentence information.

• (3) Where a post-sentence report is ordered by the Court, the report shall be prepared in writing by the appropriate official of the penal institution and filed with the Registrar within any time limits specified in the order, and the Registrar shall forward a copy of the report to counsel for each party to the appeal and to any party who is not represented by counsel.

Delivery of Judgment

• 25 (1) The judgment of the Court may be given orally or determined from the judge’s written reasons for judgment to be filed with the Registrar.

• (2) An oral judgment may be given at the conclusion of the hearing of an appeal, or subsequently. The Court may, at the time of giving oral judgment or subsequently, file written reasons explaining the oral judgment. Where, at the time of delivery of oral judgment, the Court does not file, or express an intention to file, written reasons explaining the oral judgment, the chairperson of the appeal panel shall prepare, sign and file with the Registrar a memorandum succinctly explaining the disposition of the matter by the Court.

• (3) Written reasons explaining an oral judgment or, where none are filed, the memorandum of disposition shall be the decision of the Court.

• (4) Where separate written reasons are filed by more than one judge, the judgment of the Court shall be that indicated by the majority of the panel hearing an appeal.

• (5) Unless delivered orally, the judgment of the Court shall be deemed to have been delivered on the day when a majority of the decisions of the judges of the panel hearing the appeal have been filed or, if those decisions are in conflict, when a sufficient number of written decisions have been filed or assented to from which the majority view of the panel hearing the appeal may be determined.

• (6) The Registrar shall send a copy of all written reasons for judgment, the reasons explaining oral judgment or the memorandum of disposition, as the case may be, without charge to the parties or their counsel, to the court appealed from, and to any libraries and other persons as the Chief Justice authorizes in the particular case or generally. Copies may be supplied to other persons on payment of the applicable charges.

Formal Order

• 26 (1) On a decision having been filed or deemed filed, an order shall be prepared by the appellant or may be prepared by any party stating the disposition of the appeal as directed by the Court and served on the opposite party. The order shall be approved by the judge who acted as chairperson of the appeal panel, or in the absence of that judge, the next senior judge on the panel, and shall be signed by and filed with the Registrar, who shall then notify all parties of the filing.

• (2) Any party to an appeal who wishes the order amended to express better the intent of the decision of the Court may apply to the Court, which may correct or otherwise amend the formal order, and the amended order shall then without a change of date, be signed and entered by the Registrar as the formal order disposing of the appeal.

General

Civil Procedure Rules to Apply

27 The rules, with any necessary modifications, of the Supreme Court of Newfoundland and Labrador relating to civil procedure and other related rules of the Court shall, if not inconsistent with these Rules, the Code or any other statute having application, apply to these Rules in all matters not provided for herein.

Time with Respect to Applications and Responses

• 28 (1) Any party may seek from the Registrar a date and time for the hearing of an interlocutory application. When the date and time are set, the applicant shall serve copies of the documentation to be relied on, on all other parties at least four clear days before the hearing, unless the application is made by consent or the Court otherwise directs.

• (2) Any written response to the application shall be filed with the Registrar and served on all other parties at least one clear day before the hearing.

Manner of Service of Other Notices and Documents in Prisoner Appeals

• 29 (1) In a prisoner appeal, service of all notices and other documents pertaining to the appeal, other than the notice of appeal, shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned.

• (2) Where a notice or document is initiated by the appellant, the official shall endorse on it the date of receipt, return a copy so endorsed to the appellant and forthwith forward the original to the Registrar. The Registrar shall file the original and forward a copy to the Attorney General.

• (3) Where a notice or document is initiated by the Attorney General, the original shall be filed with the Registrar. Service shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned who shall forthwith deliver the notice or document to the appellant. Delivery may be carried out by

  • (a) delivery to the official;

  • (b) prepaid registered or certified mail or courier to the official;

  • (c) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; or

  • (d) any other manner that may be directed by the Court.

Manner of Service of Other Notices and Documents in All Other Appeals

• 30 (1) In all other appeals, where the Attorney General is not the appellant, or a party is not represented by counsel, or both, service of notices and documents, other than the notice of appeal,

  • (a) when directed to the Attorney General shall be effected by

    • (i) service on legal counsel instructed by the Attorney General,

    • (ii) prepaid registered mail to the Attorney General or counsel directed by the Attorney General, or

    • (iii) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; and

  • (b) when directed to another party, shall be effected by

    • (i) personal service,

    • (ii) prepaid registered or certified mail to the address of the party set out in the notice of appeal or as filed with the Registrar,

    • (iii) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages, or

    • (iv) any other manner that may be directed by the Court.

• (2) In all other appeals, service of notices and documents shall be effected by

  • (a) personal service;

  • (b) service on legal counsel;

  • (c) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; or

  • (d) any other manner that may be directed by the Court.

• (3) In all appeals referred to in this Rule, the original notice or document, and documents evidencing proof of service, if necessary, shall be filed with the Registrar.

Coming into Force and Repealing

• 31 (1) These Rules come into force on July 1, 2002, without prejudice to any proceeding which may have been taken prior to that date.

• (2) The Criminal Appeal Rules of the Newfoundland Supreme Court, Court of Appeal, registered in the Canada Gazette SI/87-129, are repealed effective July 1, 2002.