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The Court of Appeal of Alberta Criminal Appeal Rules (SI/2018-34)

Regulations are current to 2020-05-17 and last amended on 2018-08-01. Previous Versions

PART 16Criminal Appeal RulesThese Rules are made by the Court of Appeal pursuant to section 482 of the Criminal Code, and are included with the civil rules for convenience. (continued)

DIVISION 2Starting an Appeal (continued)

Marginal note:Service of the application for permission to appeal or notice of appeal

  •  (1) If the appellant is not the Attorney General or prosecutor, the Registrar must forthwith forward a copy of the application for permission to appeal or notice of appeal to the Attorney General or prosecutor.

  • (2) In all other cases the appellant must serve a filed copy of the application for permission to appeal or notice of appeal on the respondent in accordance with rule 16.9 [Method of service], within the time specified in rule 16.7 [How to start an appeal].

Marginal note:Method of service

  •  (1) Subject to any enactment, an application for permission to appeal and a notice of appeal as of right filed by the Attorney General must be personally served on the respondent.

  • (2) An application for permission to appeal and a notice of appeal as of right filed by a convicted person must be served on the Attorney General.

  • (3) Any documents other than an application for permission to appeal or a notice of appeal as of right subsequently required to be served on a party to a criminal appeal may be served at the address for service provided by that party, or on the lawyer of record for that party.

Marginal note:Variation of a sentence

 If a sentence appeal is started by a convicted person, and the Attorney General proposes to argue on appeal that the sentence should be varied, the Attorney General must file and serve a Notice of Variation of Sentence in Form CRA-D on or before filing the respondent’s sentence factum.

Marginal note:Types of appeal

 Unless otherwise ordered, where an appeal is started from both conviction and sentence,

  • (a) the two components of the appeal are to proceed as separate appeals,

  • (b) the appeal respecting conviction is to be adjudicated first, and

  • (c) the appeal respecting sentence, or an appeal respecting a dangerous offender or long-term offender finding is to be adjudicated second.

DIVISION 3Appeal Documents

Marginal note:Preparation of Appeal Record

  •  (1) The appellant must,

    • (a) within 10 days after filing a notice of appeal

      • (i) order or commence preparation of the Appeal Record, and

      • (ii) order from Transcript Management Services the transcripts required by paragraph 16.13(d) or 16.14(d), and

    • (b) within five days after ordering the appeal record and transcripts, file a copy of the order and serve a filed copy on the respondent.

  • (2) Subject to rule 16.13 [Contents of Appeal Record – conviction appeals], rule 16.14 [Contents of Appeal Record – sentence appeals] and rule 16.15 [Format of Appeal Record], the appellant must file 5 copies of the Appeal Record, and serve on the respondent an additional filed copy of the Appeal Record and an electronic copy of the Transcripts.

  • (3) The Appeal Record and Transcripts must be prepared promptly and filed and served forthwith after they are available, and

    • (a) in an appeal from sentence only where the net sentence is 6 months or less, not later than 2 months after the date on which the notice of appeal was filed,

    • (b) in an appeal from sentence only where the net sentence is greater than 6 months, not later than 3 months after the date on which the notice of appeal was filed,

    • (c) for the sentencing part of any appeal as to both conviction and sentence, not later than 2 months after the date on which the conviction appeal was dismissed or abandoned, or

    • (d) in all other appeals, not later than 4 months after the date on which the notice of appeal was filed.

  • (4) If the Appeal Record is not filed and served within the applicable deadline, and an extension is not obtained.

    • (a) if the appellant is a self-represented appellant and is in custody, the Registrar may refer the appeal to a single appeal judge for directions, and

    • (b) in all other cases, the appeal will be struck by the Registrar.

Marginal note:Contents of Appeal Record - conviction appeals

 The Appeal Record for conviction appeals must contain the following:

  • (a) A table of contents at the beginning of each volume

    • (i) listing separately each document in every volume and showing the page number where the document can be found,

    • (ii) including a copy of the table of contents for the transcripts required by subparagraph (d)(i), and

    • (iii) containing a list and description of all the exhibits entered in the trial court, and the page in the transcripts where the entry of the exhibit is shown.

  • (b) Part 1 - Pleadings, consisting of

    • (i) the Information, Indictment or other originating document, and endorsements, and

    • (ii) for a further appeal in a summary conviction matter,

      • (A) the written or transcribed reasons of the Provincial Court of Alberta, and

      • (B) the notice of appeal to the Court of Queen’s Bench of Alberta.

  • (c) Part 2 - Final Documents, which must include

    • (i) the written or transcribed reasons

      • (A) that led to the decision being appealed, and

      • (B) for any decision rendered during the trial that is relevant to the disposition of the appeal,

    • (ii) the charge to the jury, and the verdict of the jury,

    • (iii) any formal record of the decision, including any certificate of conviction, order of acquittal, report of criminal trial, or report of criminal appeal,

    • (iv) any restricted court access order,

    • (v) for appeals referred to in subrule 16.4(1), the order and reasons granting permission to appeal,

    • (vi) the notice of appeal,

    • (vii) when an enactment requires service on the Attorney General for Alberta or the Attorney General for Canada, or both, proof of that service, and

    • (viii) if there is no oral record that can be transcribed for Part 3, a notation to that effect in the table of contents.

  • (d) Part 3 - Transcripts, which must contain the following information

    • (i) a table of contents at the beginning of every volume, listing separately each part of the transcript, the name of each witness and questioner and showing the page number where the part or the testimony of the witness or questioner begins,

    • (ii) all oral evidence, but only such part of the argument that is necessary to determine the appeal, and

    • (iii) in the case of an appeal from a judgment in a jury trial, the address to the jury of each party, the judge’s charge to the jury and the answers given to any questions from the jury.

Marginal note:Contents of Appeal Record - sentence appeals

 The Appeal Record for sentence appeals must contain the following:

  • (a) A table of contents as required by paragraph 16.13(a),

  • (b) Part 1 - Pleadings, consisting of the Information, Indictment or other originating document, and endorsements,

  • (c) Part 2 - Final Documents, which must include

    • (i) any written or transcribed reasons for conviction, and the reasons for the sentence,

    • (ii) any formal record of the decision, including the certificate of conviction, report of criminal trial, or report of criminal appeal, and any resulting orders, prohibitions, authorizations or warrants arising from the sentencing,

    • (iii) the notice of appeal,

    • (iv) any Notice of Variation of Sentence in Form CRA-D, and

    • (v) any restricted court access order.

  • (d) Part 3 - Transcripts, which must include:

    • (i) a table of contents as required by subparagraph 16.13(d)(i),

    • (ii) the plea and particulars, and any oral evidence given at the sentencing, and

    • (iii) speaking to sentence,

      • (A) in the case of a guilty plea, from the time of the plea, and

      • (B) in other cases, from the time of conviction.

 
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