Newfoundland and Labrador Gazette, Part I — 6 June 2025, Vol. 100, No. 23 — Government Notices and Official Publications

NLG 2025-06-06

Newfoundland and Labrador — Gazette

CANADA–NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION ACT AND THE CANADA-NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR ACT CANADA–NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD CALL FOR BIDS (CUMULATIVE PARCELS) NO. NL25-CFB01 (EASTERN NEWFOUNDLAND) THE CANADA–NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD hereby gives notice of a call for the submission of bids in respect of 19 parcels of land in the Canada–Newfoundland and Labrador Offshore Area. This notice of the CALL FOR BIDS (Cumulative Parcels) No.

NL25-CFB01 is made pursuant and subject to the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act , S.C. 1987, c. 3, and the Canada- Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , R.S.N.L. 1990, c. C-2. The following is a

summary of the CALL FOR BIDS (Cumulative Parcels) No. NL25-CFB01: (

i) The Board informs prospective bidders that, for any parcel entirely or partially beyond Canada’s 200 nautical mile zone, it has been advised by the Government of Canada that, in order to meet obligations arising pursuant to

article 82 of the United Nations Convention on the Law of the Sea, additional terms and conditions may be applied through legislation, regulations, amendments to licences or otherwise. (ii) Each Bid Package must be received by the Board in a sealed envelope prior to the time of closing of this CALL FOR BIDS (Cumulative Parcels) No. NL25-CFB01. This CALL FOR BIDS will close at 12:00 p.m., 249 Vol. 100 ST. JOHN’S, FRIDAY, JUNE 6, 2025 No. 23 The Newfoundland and Labrador Gazette

PART I PUBLISHED BY AUTHORITY

Newfoundland Time, on November 5, 2025, except as specifically provided for in this CALL FOR BIDS (Cumulative Parcels) No. NL25-CFB01. (iii) Each Bid Package must be prepared and submitted in accordance with the terms and conditions of this CALL FOR BIDS (Cumulative Parcels) No. NL25-CFB01. (iv) The 19 parcels are located offshore Newfoundland and Labrador and detailed land descriptions can be found on the Board’s Website (www.cnlopb.ca). An Exploration Licence may be issued for each parcel. (

v) For the purpose of selecting a bid, the sole criterion to be used will be the total amount of money the bidder commits to expend on exploration of a parcel and on research and development and education and training within Period I (“Work Expenditure Bid”). (vi) The minimum Work Expenditure Bid will be $10 million for each parcel offered in this CALL FOR BIDS. (vii) Allowable expenditures may be claimed for those permitted expenses incurred from the date of the announcement of the CALL FOR BIDS (Cumulative Parcels) No. NL25-CFB01 up to and including the effective date of the licence.

These new credits would be in addition to those allowable expenditures available for credit during the term of the licence. (viii) Period I of the Exploration Licence shall have a term of six years unless otherwise extended by a drilling deposit.

Period II shall immediately follow Period I and consist of the balance of the original nine-year term. (ix) The Interest Owner may, at its option, extend Period I by up to three one-year extensions based upon the following escalating drilling deposits (each one a separate “Drilling Deposit”): Period I A — one-year extension — CAD 5 million Period I B — one-year extension — CAD 10 million Period I C — one-year extension — CAD 15 million If a Drilling Deposit is posted, it will be refunded in full if the well commitment is met during the respective period of extension.

Otherwise, the Drilling Deposit will be forfeited upon termination of that period extension. (

x) The Work Expenditure Bid must be accompanied by a bank draft or certified cheque in the amount of $10,000 (“Bid Deposit”) made payable to the Receiver General for Canada. Furthermore, the successful bidder will be required to provide, within 15 days of notification of being the successful bidder, a promissory note accompanied by a bank letter of guarantee, or a letter of credit, in the amount of 25% of the Work Expenditure Bid (“Security Deposit”).

A credit against the Security Deposit will be made on the basis of the percentages of allowable expenditures as described in the Exploration Licence (“Allowable Expenditures”). (xi) A successful bidder will receive a refund, without interest, of the Bid Deposit when the Security Deposit is posted within 15 days of being notified they are the successful bidder. Failure to post the Security Deposit within 15 days will result in forfeiture of the Bid Deposit and disqualification of the bid.

Following the announcement of the bid results, the Bid Deposits of unsuccessful bidders will be returned, without interest, as soon as possible. (xii) One well must be commenced within Period I and diligently pursued thereafter. (xiii) Rentals will be applicable only in Period II at the following rates: 1st year — $5.00 per hectare 2nd year — $10.00 per hectare 3rd year — $15.00 per hectare When an Exploration Licence continues in force beyond Period II, rentals will be payable at the rates applicable during the last year of Period II. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 250

Rentals will be refunded annually, to a maximum of 100% of the rentals paid in that year, on the basis of a dollar refund for each dollar of Allowable Expenditures for that year. Carry forward provisions to reduce rentals otherwise payable in ensuing rental years will apply. (xiv) Any resulting Significant Discovery Licence respecting the lands of any Exploration Licence resulting from the offer of a parcel in this CALL FOR BIDS (Cumulative Parcels) No. NL25-CFB01 will be subject to the terms and conditions for Significant Discovery Licences existing at the time a Significant Discovery Licence is requested. A sample Significant Discovery Licence can be found as a

Schedule to the Sample Exploration Licence. (xv) A successful bidder will be required to comply with the procurement, employment and reporting procedures as established by the Board in its Exploration Benefits Plan Guidelines. (xvi) These parcels will be subject to the payment of issuance fees and Environmental Studies Research Fund levies. (xvii) The Board is not obliged to accept any bid or issue any interest as a result of this CALL FOR BIDS. (xviii) Any licence that may be issued shall be in the form of the Exploration Licence attached to the CALL FOR BIDS (Cumulative Parcels) No. NL25-CFB01.

The full text of CALL FOR BIDS (Cumulative Parcels) No. NL25-CFB01 is available on the Board’s website or upon request made to the Registrar, Canada–Newfoundland and Labrador Offshore Petroleum Board, 240 Waterford Bridge Road, The Tower Corporate Campus – West Campus Hall, Suite 7100, St. John’s, Newfoundland and Labrador A1E 1E2, (709) 778-1400. CANADA–NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD Scott Tessier, Chief Executive Officer Jun. 6 CANADA–NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD CALL FOR BIDS NO.

NL25-CFB02 (LABRADOR SOUTH ) The Canada–Newfoundland and Labrador Offshore Petroleum Board hereby gives notice of a call for the submission of bids in respect of 17 parcels of land in the Canada–Newfoundland and Labrador Offshore Area. This notice of the CALL FOR BIDS No. NL25-CFB02 is made pursuant and subject to the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act , S.C. 1987, c. 3, and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , R.S.N.L. 1990, c. C-2. The following is a

summary of the CALL FOR BIDS No. NL25-CFB02: (

i) The Board informs prospective bidders that, for any parcel entirely or partially beyond Canada’s 200 nautical mile zone, it has been advised by the Government of Canada that, in order to meet obligations arising pursuant to

article 82 of the United Nations Convention on the Law of the Sea, additional terms and conditions may be applied through legislation, regulations, amendments to licences or otherwise. (ii) Each Bid Package must be received by the Board in a sealed envelope prior to the time of closing of this CALL FOR BIDS No. NL25-CFB02. This CALL FOR BIDS will close at 12:00 p.m., Newfoundland Time, on November 5, 2025, except as specifically provided for in this CALL FOR BIDS No. NL25-CFB02. (iii) Each Bid Package must be prepared and submitted in accordance with the terms and conditions of this CALL FOR BIDS No.

NL25-CFB02. (iv) The 17 parcels are located offshore Newfoundland and Labrador and detailed land descriptions can be found Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 251

on the Board’s Website (www.cnlopb.ca). An Exploration Licence may be issued for each parcel. (

v) For the purpose of selecting a bid, the sole criterion to be used will be the total amount of money the bidder commits to expend on exploration of a parcel and on research and development and education and training within Period I (“Work Expenditure Bid”). (vi) The minimum Work Expenditure Bid will be $10 million for each parcel offered in this CALL FOR BIDS. (vii) Allowable expenditures may be claimed for those permitted expenses incurred from the date of the announcement of the CALL FOR BIDS No. NL25-CFB02 up to and including the effective date of the licence.

These new credits would be in addition to those allowable expenditures available for credit during the term of the licence. (viii) Period I of the Exploration Licence shall have a term of six years unless otherwise extended by a drilling deposit.

Period II shall immediately follow Period I and consist of the balance of the original nine-year term. (ix) The Interest Owner may, at its option, extend Period I by up to three one-year extensions based upon the following escalating drilling deposits (each one a separate “Drilling Deposit”): Period I A — one-year extension — CAD 5 million Period I B — one-year extension — CAD 10 million Period I C — one-year extension — CAD 15 million If a Drilling Deposit is posted, it will be refunded in full if the well commitment is met during the respective period of extension.

Otherwise, the Drilling Deposit will be forfeited upon termination of that period extension. (

x) The Work Expenditure Bid must be accompanied by a bank draft or certified cheque in the amount of $10,000 (“Bid Deposit”) made payable to the Receiver General for Canada. Furthermore, the successful bidder will be required to provide, within 15 days of notification of being the successful bidder, a promissory note accompanied by a bank letter of guarantee, or a letter of credit, in the amount of 25% of the Work Expenditure Bid (“Security Deposit”).

A credit against the Security Deposit will be made on the basis of the percentages of allowable expenditures as described in the Exploration Licence (“Allowable Expenditures”). (xi) A successful bidder will receive a refund, without interest, of the Bid Deposit when the Security Deposit is posted within 15 days of being notified they are the successful bidder. Failure to post the Security Deposit within 15 days will result in forfeiture of the Bid Deposit and disqualification of the bid.

Following the announcement of the bid results, the Bid Deposits of unsuccessful bidders will be returned, without interest, as soon as possible. (xii) One well must be commenced within Period I and diligently pursued thereafter. (xiii) Rentals will be applicable only in Period II at the following rates: 1st year — $5.00 per hectare 2nd year — $10.00 per hectare 3rd year — $15.00 per hectare When an Exploration Licence continues in force beyond Period II, rentals will be payable at the rates applicable during the last year of Period II.

Rentals will be refunded annually, to a maximum of 100% of the rentals paid in that year, on the basis of a dollar refund for each dollar of Allowable Expenditures for that year. Carry forward provisions to reduce rentals otherwise payable in ensuing rental years will apply. (xiv) Any resulting Significant Discovery Licence respecting the lands of any Exploration Licence resulting from Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 252

the offer of a parcel in this CALL FOR BIDS No. NL25-CFB02 will be subject to the terms and conditions for Significant Discovery Licences existing at the time a Significant Discovery Licence is requested. A sample Significant Discovery Licence can be found as a

Schedule to the Sample Exploration Licence. (xv) A successful bidder will be required to comply with the procurement, employment and reporting procedures as established by the Board in its Exploration Benefits Plan Guidelines. (xvi) These parcels will be subject to the payment of issuance fees and Environmental Studies Research Fund levies. (xvii) The Board is not obliged to accept any bid or issue any interest as a result of this CALL FOR BIDS. (xviii) Any licence that may be issued shall be in the form of the Exploration Licence attached to the CALL FOR BIDS No. NL25-CFB02. The full text of CALL FOR BIDS No.

NL25-CFB02 is available on the Board’s website or upon request made to the Registrar, Canada–Newfoundland and Labrador Offshore Petroleum Board, 240 Waterford Bridge Road, The Tower Corporate Campus – West Campus Hall, Suite 7100, St. John’s, Newfoundland and Labrador A1E 1E2, (709) 778- 1400. CANADA–NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD Scott Tessier, Chief Executive Officer Jun. 6 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 253

COURT OF APPEAL ACT COURT OF APPEAL CIVIL RULES, 2025 PRACTICE NOTES 1. The Court of Appeal Civil Rules, 2025 will be coming into force 90 days after their publication in

Part II of the Newfoundland and Labrador Gazette. The Court of Appeal Rules, NLR 38/16 will be repealed upon the coming into force of the Court of Appeal Civil Rules, 2025. 2. Accordingly, (

a) All previous Practice Notes issued under the Court of Appeal Rules, NLR 38/16, are repealed upon the coming into force of Court of Appeal Civil Rules, 2025. (

b) The following Practice Notes are issued pursuant to rule 4 of the Court of Appeal Civil Rules, 2025 and will come into force 90 days after their publication in

Part I of the Newfoundland and Labrador Gazette. 3. The index preceding the individual Practices Notes is provided for guidance but does not form part of the Practice Notes.

INDEX OF PRACTICE NOTES CAPN No. 2015-01 Civil Appeals Involving Children CAPN No. 2025-02 Civil Court Calendar – Designated Hearing Days CAPN No. 2025-03 Civil Setting the Date for Hearing an Appeal CAPN No. 2025-04 Civil Documents Submitted After Hearing Date is Set and Replacement Material CAPN No. 2025-05 Civil Transcript and Agreed Statement of Facts CAPN No. 2025-06 Civil Appeal Book, Factum and Transcript CAPN No. 2025-07 Civil Appearing in Court Deborah E.

Fry CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Kristen O’Keefe REGISTRAR COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Jun. 6 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 254

COURT OF APPEAL CIVIL RULES, 2025 PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2025-01 Civil APPEALS INVOLVING CHILDREN RULES AFFECTED: EFFECTIVE DATE: Rule 9 90 days after being published in Newfoundland and Labrador Gazette The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Civil Rules, 2025. Background Particular concerns arise when an appeal involving a child is delayed.

The child’s circumstances may have changed since the time of the original judgment such that any variation on appeal, even if legally justified on the basis of the trial record, might be counterproductive to the current interests of the child. It is necessary, then, that parties avoid delay in the appeal process, and provide current information regarding a child, where appropriate. Practice Note 1. Counsel involved in an appeal from an order affecting the interests of a child should familiarize themselves with the provisions of rule 9, and should comply with its letter and spirit. 2.

Rule 9 applies to all appeals and any related proceeding where the interests of a child may be directly affected by the outcome. This includes, but is not limited to, appeals involving (

a) parenting of a child, (

b) protection of a child, (

c) support for a child, (

d) responsibility for a child, (

e) guardianship of a child or the estate of a child, (

f) possession of a matrimonial home, (

g) application of a domestic contract, and (

h) change of a child’s name. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 255

3. Counsel should strive to work cooperatively to perfect the appeal and should take all steps needed to expedite (

a) the preparation of any necessary transcripts, and (

b) filing of the appeal book and factums, notwithstanding that the time permitted under the Rules has not expired. 4. Cases in which rule 9 is engaged must be given priority. For example, counsel should (

a) carefully consider what portions of the transcript are necessary for preparation of the factum and to enable the issues on appeal to be determined, (

b) undertake any necessary follow-up to ensure timely preparation of any necessary transcript, and (

c) where appropriate, request preparation of the transcript on an overtime basis. 5. The registrar will monitor the progress of an appeal involving a child. Counsel are expected to provide any assistance and respond to any requests by the registrar in a timely way. 6. Counsel should ensure the provision of current information regarding a child as specified in rule 9, where appropriate. Rule 9(5) authorizes the provision of information regarding any other court proceedings involving a child (Form 9). Rule 9(6) authorizes the provision of current information regarding a child, by affidavit. 7.

Further, any orders that have been made relating to a child must be included in the appeal book (rule 52(1)(a)(vii)). 8. In written submissions and at the hearing of an appeal it is important to advise the Court of any concerns regarding identification of parties where children are involved, including any orders or practices followed in the court appealed from. 9. A party may request or the Court of its own motion may direct a prehearing conference where necessary or appropriate to expedite the hearing of an appeal involving a child. Where appropriate, the Court may give interim directions or orders.

Where the circumstances warrant, on matters of procedure having no substantive effect, the Court may give directions in the absence of a request or submissions of the parties. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 256

Deborah E. Fry CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Kristen O’Keefe REGISTRAR COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Jun. 6 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 257

COURT OF APPEAL CIVIL RULES, 2025 PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2025-02 Civil COURT CALENDAR – DESIGNATED HEARING DAYS RULES AFFECTED: EFFECTIVE DATE: Rule 30(14) 90 days after being published in Newfoundland and Labrador Gazette The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Civil Rules, 2025.

Background The Court has had a long-standing practice of designating two consecutive weeks out of each month, from the beginning of September to the end of the following June, to be the period during which appeals will normally be heard. In addition, two days per month during the same period are designated for the hearing of applications. This practice enables the parties to anticipate an appropriate

schedule for having matters heard by the Court. However, the

schedule does not preclude the Court from setting appeals or applications to be heard outside the designated times where necessary or appropriate. Practice Note 1. The Court will, prior to April 30 th in each year, prepare and issue a sitting

schedule which shall designate applications days, hearing days and public holidays for the next Court year commencing on the first Monday of September following Labour Day and ending on the Friday nearest the 30 th day of the following June. 2. The Court will designate two consecutive weeks out of each month, from the beginning of September to the end of the following June, to be the period during which appeals will normally be heard. 3. The days in each month for the hearing of applications shall be (

a) every second Tuesday beginning with the Tuesday in September following Labour Day to the Tuesday nearest the 15th day of December, and (

b) every second Tuesday beginning with the Tuesday nearest the 10 th day of January to the Tuesday nearest the 30th day of June, Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 258

unless any such Tuesday is a public holiday, in which case the next following regular Court day will be the designated applications day. 3. The designated

schedule does not preclude setting the hearing of an appeal or an application on a day outside the designated

schedule where directed or ordered by a judge. Deborah E. Fry CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Kristen O’Keefe REGISTRAR COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Jun. 6 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 259

COURT OF APPEAL CIVIL RULES, 2025 PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2025-03 Civil SETTING THE DATE FOR HEARING AN APPEAL RULES AFFECTED: EFFECTIVE DATE: Rule 19 90 days after being published in Newfoundland and Labrador Gazette The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Civil Rules, 2025. Background With a view to reducing costs to litigants by eliminating unnecessary court appearances on routine matters, a party may request that a date be set for the hearing of an appeal, without the need for an application.

In some cases following perfection of an appeal, the parties will delay making a request to set a date for a hearing. While parties may have legitimate reasons for so doing, the Court is concerned that there may be other cases, especially in family matters , where the public interest in the timely administration of justice may not be served by delay.

Even though there are mechanisms within the Rules for dealing with inactive cases through deemed abandonment (rule 17) and failure to proceed with an appeal (rule 16), the Court may adopt a shorter time frame to ensure that cases that are perfected and awaiting a hearing can be advanced, if it is appropriate to do so. Practice Note 1. Under rule 19(1), a party may obtain a date for the hearing of an appeal without the need for an application. A request is made in writing using Form 20. The following criteria, listed on the Form, must be satisfied: (

a) all factums, the appeal book, and transcript as required by rule 47 are filed; (

b) the direction of the Court is not required on any matter before a date is set; (

c) there is no circumstance requiring a court appearance; or (

d) if any party has not filed their factum, then the Chief Justice may set a date within which those parties must file their factums, and may also set a date for the hearing of the appeal or the application for leave to appeal. 2. Absent special considerations, the date requested should fall within two months after the request is made. 3. Parties are encouraged to determine, by reference to the Court’s published calendar of sitting dates, mutually acceptable dates during the following two months when the parties would be available to appear on the appeal. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 260

4. If necessary, the registrar may attempt to contact the parties to confirm an acceptable date for the hearing of the appeal. If the registrar does not receive a reply from the parties within 3 days of having attempted to contact them, the registrar may proceed to set a date for the hearing in accordance with the requesting party’s proposal. 5. The registrar may convene a conference call with all parties, with or without the participation of the Chief Justice or a designate, to resolve scheduling arrangements. 6.

If the registrar sets a date under rule 19, the parties will be notified in writing that the appeal will be heard on that date. 7. Parties are encouraged to set hearing dates by means of a request rather than an application. 8. In the absence of good reasons to the contrary, an appellant will be expected to request or apply for a date for the hearing of the appeal within 60 days after the respondent’s factum is filed. 9.

Where 60 days have elapsed since the filing of the respondent’s factum, the registrar may contact the parties to inquire as to the reasons for not requesting a hearing date and may require that the reasons be stated in writing. In the absence of good reasons, the registrar, on the instructions of the Chief Justice, may give notice to the parties that the matter will be called at a subsequent applications date for a judge to determine whether a hearing date should nevertheless be set. Deborah E.

Fry CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Kristen O’Keefe REGISTRAR COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Jun. 6 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 261

COURT OF APPEAL CIVIL RULES, 2025 PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2025-04 Civil DOCUMENTS SUBMITTED AFTER HEARING DATE IS SET AND REPLACEMENT MATERIAL RULES AFFECTED: EFFECTIVE DATE: Rules 26 and 56 90 days after being published in Newfoundland and Labrador Gazette The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Civil Rules, 2025. Background In order for counsel and the panel assigned to an appeal to have sufficient opportunity to prepare for the hearing, it is essential that all materials be filed in a timely manner.

It is also important for the Court and parties to consider all relevant judicial authority. To ensure that the panel and the parties have reference to the correct materials in preparing for a hearing, where replacement materials are filed, it is essential that the Court and the other parties be clearly advised in a timely manner. Practice Note 1. After a hearing date has been set for an appeal, the registry will mark as received, but will not file, a document subsequently delivered to the Court.

The panel assigned to the appeal will determine the extent to which the document may be used for purposes of the appeal. 2. Where a relevant judicial decision becomes available after the hearing date has been set for an appeal, the appellant, or another party, should, without delay, deliver one copy of the decision to each other party and 4 copies to the Court with 4 copies of an appropriate covering letter. Unless it is unavoidable, counsel should not wait until the hearing to provide copies of judicial decisions. 3.

Where a party submits a document replacing a document filed earlier, a statement must be placed on the cover of the document clearly (1) indicating that it is a replacement, and (2) identifying the document that it is replacing. Four copies of an appropriate covering letter should accompany the replacement document delivered to the Court. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 262

4. A party becoming aware of a relevant judicial decision that was not cited or referenced in the written submissions or at the hearing should, without delay, deliver one copy of the decision to each party and 4 copies to the Court with 4 copies of an appropriate covering letter. Deborah E. Fry CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Kristen O’Keefe REGISTRAR COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Jun. 6 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 263

COURT OF APPEAL CIVIL RULES, 2025 PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2025-05 Civil TRANSCRIPT AND AGREED STATEMENT OF FACTS RULES AFFECTED: EFFECTIVE DATE: Rules 46 to 51 90 days after being published in Newfoundland and Labrador Gazette The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Civil Rules, 2025. Background The filing of unnecessary portions of the transcript increases costs, is a waste of resources and unduly delays the time necessary for the appeal process.

In the past, in preparation for an appeal, appellant’s counsel frequently requested the preparation of, and filed with the Court, the entire transcript of the evidence taken at trial, and in some cases included the submissions of trial counsel and discussions between the trial judge and counsel. Panels hearing appeals have found that the full transcript is, in most cases, unnecessary for purposes of determining the issues under appeal. Often, even a portion of the transcript is unnecessary. Under rule 47(2)(

a) the portion of transcript to be filed is limited to the portion “that is necessary to enable the issues on appeal to be determined”. Where the factum does not refer to the transcript, one must question whether any portion of the transcript should be filed. Rule 46(3)(

a) provides for counsel to obtain the portion of the transcript “necessary to prepare the factum and to enable the issues on appeal to be determined”. In order to prepare the factum, counsel may wish to obtain all or a portion of the transcript . However, it does not follow that all or a portion of the transcript should be filed. Once the factum is written, it should be clear whether the whole, a part, or none of the transcript should be filed. It is for this reason that the transcript is to be filed at the same time as the factum.

To ensure that counsel has reviewed the issues discussed in the factum in order to ascertain what portion, if any, of the transcript is required for purposes of determining the appeal, rule 47(2)(

b) requires counsel to file a certificate in Form 5. To avoid the need for a transcript, the option of proceeding by way of an agreed statement of facts drafted for purposes of the appeal is available under rule 51. Practice Note 1. Counsel are expected to review and familiarize themselves with the rules respecting the use of transcripts on appeals and to promote their underlying purpose. 2. The appellant is required to obtain a copy of the audio recording from the court appealed from without delay, and to deliver a copy to each party (rule 46(2)). 3.

The next step is for the appellant, without delay, to ascertain whether all or a portion of the transcript is necessary in order to prepare the factum and to determine the issues on appeal. Rule 46 sets out the Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 264

procedure. It should be noted that rule 46(3) requires the appellant to proceed without delay and to provide the other parties with information regarding preparation of a transcript. 4. Under rule 47, the appellant is required to file only the portions of the transcript “necessary to enable the issues on appeal to be determined”. Should the respondent, or another appellant where there is more than one appellant, determine that additional portions of thetranscript are required, those portions may be filed with that party’s factum.

A certificate comparable to that required to be filed by the appellant applies with the necessary changes. 5.

The appellant is also required to file one electronic version of the transcript where a transcript of the entire evidence has beenprepared; or, whereonly part of the transcript has been prepared, oneelectronic version of the transcript together with one copy of the audio recording (rule 48). “Electronic version” is defined as a version in a format acceptable to the Court. “Transcript” is defined as a printed transcript of the audio recording of the proceedings in the court appealed from, which does not include submissions by counsel unless they are necessary for determination of the issues under appeal.

It also does not include a decision of the court appealed from where a printed copy of the decision has been issued. 6. Counsel are encouraged to make use of an agreed statement of facts, prepared for purposes of the appeal, where appropriate, such as where the appeal engages issues of law without any dispute as to the facts. Where the matter proceeded on an agreed statement of facts in the court appealed from, that document must in any event be filed in the appeal book (rule 52(1)(a)(v)). 7.

A party may apply for an order and directions permitting the use of the electronic rather than a paper version of the transcript, or, in appropriate circumstances, the audio recording (rule 49). The Court may, of its own motion, dispense with the preparation and filing of a tr anscript and order that the appeal proceed using an audio recording of the proceedings in the court or tribunal appealed from. 8.

Where at any time it appears to the Court that delays in the preparation of a transcript or delays for any other reason are unexplained, the registrar, on the instructions of the Chief Justice, may set the matter down for a status hearing or a prehearing conference. Deborah E. Fry CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Kristen O’Keefe REGISTRAR COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Jun. 6 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 265

COURT OF APPEAL CIVIL RULES, 2025 PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2025-06 Civil APPEAL BOOK, FACTUM AND TRANSCRIPT RULES AFFECTED: EFFECTIVE DATE: Rules 52 to 56 90 days after being published in Newfoundland and Labrador Gazette The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Civil Rules, 2025. Background Rule 56 provides that the appeal book, factum and transcript are to be filed at the same time. The purpose is to limit the filing of unnecessary documents for purposes of an appeal.

Delaying the filing of the appeal book and transcript until the factum has been prepared should result in the submission of only relevant portions of the record. To facilitate hearing of the appeal and drafting reasons for a decision, compliance with the technical aspects of the Rules is important. While it does not impact content or merit, failure to conform to the technical requirements of the Rules and provide proper indexing, references and citations creates inconvenience and difficulties for the judges.

More common failures include: Filing extensive transcripts without indexing, dating and tabbing or any other means to locate evidence; Failure to include citations of cases from legal publications in the Index of Authorities; Improper use of footnotes; Failure to number the pages of the appeal book; Failure to use the correct colour of cover for a document; Failure to place the Index of Authorities after

Part V in the factum; Failure to bind the factum properly; Failure to file a clean copy of the decision under appeal; Failure to follow the order for placing documents in the appeal book and factum. Filing a factum in excess of 40 pages should be necessary only in rare circumstances. Counsel should have good reason for requesting leave to file a factum exceeding the limit. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 266

Practice Note 1. The appeal book and transcript are to be filed at the same time as the factum. This should ensure that only materials necessary for the appeal will be filed. 2. It is important for counsel and their assistants to be familiar with the technical rules for filing the appeal book, factum and transcript (rules 52 to 56). The registry may refuse to accept materials that are not in substantial compliance, resulting in extra expense and time. 3. It is important to deal with the question of costs in the submissions in the factum.

If counsel is submitting that costs, either in its favour or against it, should be ordered other than under column 3 of the scale of costs, that should be made clear along with the reasons supporting the request. 4. Where a party wishes to exceed the 40-page limit for written argument imposed by rule 53(1)(e), a request, not an application, should be made to the Chief Justice using a Form 20 Request. A copy of the request should be provided to the other parties. The request must state the reasons why it is not possible to comply with the 40-page limit. Deborah E.

Fry CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Kristen O’Keefe REGISTRAR COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Jun. 6 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 267

COURT OF APPEAL CIVIL RULES, 2025 PRACTICE NOTE – CIVIL PROCEEDINGS CAPN No. 2025-07 Civil EFFECTIVE DATE: APPEARING IN COURT 90 days after being published in Newfoundland and Labrador Gazette The following Practice Note was filed with the registrar of the Court of Appeal and is published under rule 4 of the Court of Appeal Civil Rules, 2025. Practice Note 1. The proper form of address for judges of the Court of Appeal is “Justice”, “Mr. Justice”, “Madam Justice”, or “ChiefJustice”, as the case may be. 2. Gowned dress is to be worn by counsel for all appearances in court. 3.

The front counsel table is reserved for counsel with the designation K.C., unless otherwise directed by the Court. Deborah E. Fry CHIEF JUSTICE OF NEWFOUNDLAND AND LABRADOR Kristen O’Keefe REGISTRAR COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR Jun. 6 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 268

Criminal Code Court of Appeal Criminal Rules, 2025 The Court of Appeal of Newfoundland and Labrador, pursuant to subsection 482 of the Criminal Code, hereby makes the annexed Court of Appeal Criminal Rules, 2025. Deborah E. Fry Chief Justice of Newfoundland and Labrador TABLE OF CONTENTS

PART 1 -

INTERPRETATION 1. Citation 2.

Definitions 3. Application 4. Publication of rules and practice notes 5. Gap in the rules 6. Non-compliance with the rules 7. Calculation of time

PART 2 - APPEALS 8. Commencing an appeal 9. Time within which to commence an appeal 10. Notice of appeal - delivery 11. Notice of cross-appeal 12. Leave to appeal 13. Consent judgment 14. Publication bans 15. Prehearing conference 16. Documents – filing and serving 17. Documents – proof of service 18. Challenge to a previous decision of the court 19. More than one notice of appeal in a proceeding

PART 3 - PROCEDURE 20. Extension or abridgement of time 21. Appearing by videoconference or teleconference 22. Presentation of appeal – party not represented by counsel 23. Intervention at the Court of Appeal 24. Failure to proceed with an appeal 25. Discontinuing an appeal 26. Assistance of non-solicitor 27. Withdrawal or change of solicitor 28. Limited purpose retainer of solicitor 29. Appointment as a friend of the court 30. Recording court proceedings

PART 4 - DOCUMENTS 31. Forms and materials 32. Documents provided by the Court 33. Electronic copies – factum and appeal book 34. Transcript 35. Agreed statement of facts 36. Appeal book 37. Factum – contents 38. Factum – legal and case authorities 39. Factum – form 40. Filing appeal book and factum 41. Post-sentence report 42. Exhibits Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 269

PART 5 - APPLICATIONS 43. Applications – procedure 44. Application for a hearing 45. Application for appointment of counsel 46. Setting a hearing date 47. Additional evidence on appeal 48. Challenging an appeal in an uncompleted matter 49. Striking out a notice of appeal or dismissing an appeal 50. Notice to the Attorney General 51. Release from custody

PART 6 - JUDGMENT 52. Delivery of judgment 53. Formal order 54. Correction of mistakes

PART 7 - TRANSITIONAL 55. Transitional 56. Commencement Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 270

These rules are made pursuant to

section 482 of the Criminal Code of Canada.

PART 1

INTERPRETATION Citation 1. These rules may be cited as the Court of Appeal Criminal Rules, 2025.

Definitions 2.

(1) In these rules, unless the context otherwise requires: (a) “Attorney General ” means the Attorney General as defined in the Code, and His Majesty the King represented by the Attorney General; (b) “Chief Justice ” means the Chief Justice of Newfoundland and Labrador; (c) “Code” means the Criminal Code; (d) “Court” means the Court of Appeal, a panel of judges or a judge of the Court; (e) “designated official” means the person designated in a penal institution to perform duties under these rules; (f) “electronic version ” means an electronic version in a format acceptable to the Court; (g) “judge” means a judge of the Court and includes a judge of the Supreme Court of Newfoundland and Labrador whenever such judge is sitting by virtue of that office as a judge of the Court; (h) “judgment” means the formal disposition of a matter by the Court and includes an order for judgment; (i) “prisoner appeal” means an appeal by a person who is in custody and not represented by counsel; Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 271

(j) “registrar” means the person appointed and designated as registrar in accordance with the Court of Appeal Act; (k) “request” means a request in writing, in Form N, delivered to the Court; (l) “review board ” means a board established by the Province pursuant to the Code to make or review a disposition following a verdict of not criminally responsible by reason of mental disorder or unfit to stand trial; (m) “transcription office ” means the office in the Supreme Court of Newfoundland and Labrador and the Provincial Court of Newfoundland and Labrador responsible for providing transcription of proceedings in court; and (n) “trial judge” means the judge who presided at trial.

(2) The

interpretation sections of the Code apply to these rules. Application Publication of rules and practice notes 3. Subject to federal legislation and federal uniform rules authorized under the Code, these rules shall apply to an appeal or an application or proceeding regarding a criminal matter, including an appeal against a disposition made by a court or review board, or a placement decision made by a review board following a verdict of not criminally responsible by reason of mental disorder or unfit to stand trial. 4.

(1) These rules shall be published once in the Newfoundland and Labrador Gazette but shall not constitute a regulation under the Statutes and Subordinate Legislation Act.

(2) The Court may issue practice notes on any matter respecting appeals, applications and proceedings to which these rules apply.

(3) A practice note shall be published once in the Newfoundland and Labrador Gazette but shall not constitute a regulation under the Statutes and Subordinate Legislation Act. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 272

Gap in the rules 5. Subject to federal legislation and federal uniform rules authorized under the Code, where a procedural issue arises that is not covered by these rules (

a) the Court of Appeal Civil Rules, 2025 relating to civil procedure shall apply, with the necessary changes; or, where necessary, (

b) the Court may adopt and give directions regarding an appropriate procedure. Non- compliance with the rules 6. The Court may waive compliance or relieve against non - compliance with these rules and may direct the procedure to be followed. Calculation of time 7. Unless otherwise provided, time under these rules shall be calculated on the basis that (

a) where the Court is closed on the day on which a thing is to be done, it may be done on the next day on which the Court is open; (b) “within”, “not less than ” or a reference to a number of days shall not include the day on which the thing is to be done; and (

c) where the time limit is less than 6 days, days on which the Court is closed shall not be counted.

PART 2 APPEALS Commencing an appeal 8.

(1) An appeal, which is authorized under the Code, shall be commenced by filing a notice of appeal (

a) in Form A where the appeal is brought (

i) by a person who is represented by counsel, or Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 273

(ii) by the Attorney General; or (

b) in Form B where the appeal is brought by a person who is not represented by counsel.

(2) Where the person is in custody, the designated official shall, on request, provide the imprisoned person with a copy of Form B. Time within which to commence an appeal 9.

(1) A notice of appeal from (

a) conviction, conviction and sentence, or sentence only, shall be filed not later than 30 days after the date of sentence; (

b) acquittal shall be filed not later than 30 days after the date of acquittal; and (

c) any other decision from which an appeal lies to the Court, not later than 30 days after the date of the decision.

(2) Where a person is acquitted of an offence but is convicted of an included offence, a notice of appeal from the acquittal shall be filed not later than 30 days after the date of sentence imposed for the included offence.

(3) Subject to paragraph (1)(b), where an appeal is to be taken in respect of one or more counts in an indictment, a notice of appeal shall be filed not later than 30 days after all counts have been disposed of, including the imposition of sentence. Notice of appeal - delivery 10.

(1) Except in a prisoner appeal, the appellant shall file with the Court the original and 3 copies of a notice of appeal in Form A, or, where the appellant is not represented by counsel, in Form B.

(2) In a prisoner appeal, the designated official shall, without delay, (

a) accept an appellant’s notice of appeal in Form B, (

b) initial and endorse on the notice of appeal the date on which it was received from the imprisoned person, Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 274

(

c) return a copy so endorsed to the appellant, and (

d) forward the original to the Court without delay, and in any event, within 5 days of the date endorsed under paragraph (b).

(3) On receipt of a notice of appeal the Court shall, without delay, forward a copy to the court appealed from and, except where the appellant is the Attorney General, to the Attorney General. Notice of cross- appeal 11.

(1) A respondent to an appeal may file a notice of cross -appeal in Form C.

(2) The notice of cross-appeal shall be filed within 30 days after the respondent receives a copy of the notice of appeal.

(3) Failure to file a notice of cross -appeal under subsection (2) shall not preclude a respondent from making submissions on the issues, but the omission may be grounds for an order that the Court considers appropriate.

(4) Where a respondent files a factum on a cross -appeal, an appellant may file a reply factum within 30 days after receipt of the respondent’s factum.

(5) Where an appeal is discontinued, a respondent may (

a) file a notice of election to proceed with a cross-appeal in Form D; or (

b) apply to the Court for directions.

(6) Where the respondent does not file a notice of election to proceed with a cross-appeal within 30 days after receiving notice that the appeal has been discontinued, the issues on the cross - appeal shall be deemed to be abandoned. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 275

Leave to appeal 12. Where leave to appeal is required, submissions on leave shall be heard at the same time as the appeal unless, upon request or application, or of its own motion, the Court directs that leave to appeal should be heard or determined prior to hearing of the appeal. Consent judgment 13. Where the parties agree in writing that the judgment or order of the court appealed from should be reversed or varied and they agree on the order that should be made, the appellant may make a request or apply to have that order confirmed by the Court. Publication bans 14.

(1) For each appeal, the Attorney General shall complete a Form H stating whether a publication ban has been imposed by the court appealed from by virtue of legislation or for some other reason.

(2) Where a publication ban applies, information provided on Form H shall include particulars of the ban.

(3) A completed copy of Form H shall be included in the Appeal Book.

(4) The Attorney General shall provide a copy of a completed Form H to the party filing the Appeal Book.

(5) Where, on appeal, the Attorney General intends to request that a publication ban be imposed by the Court, notice shall be given to the Court and other parties by means of a completed Form H. Prehearing conference 15.

(1) Any time after the notice of appeal has been filed, the Court, of its own motion, or upon the request of a party, may direct a prehearing conference for the purpose of giving directions or making orders regarding the conduct of the hearing of the appeal and any matter that might expedite the appeal.

(2) The judge conducting a prehearing conference shall not for that reason be disqualified from hearing the appeal. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 276

Documents – filing and serving 16.

(1) Unless otherwise prescribed in these rules or directed or ordered by the Court, a party shall file with the Court (

a) for purposes of the appeal, the original and 3 copies of every document, or (

b) for purposes of an application, the original and 1 copy of every document, and, without delay, shall serve 1 copy of every document on each party.

(2) Where a document is to be filed by an imprisoned person, the designated official shall (

a) initial and endorse on the document the date when it was received from the imprisoned person, and (

b) without delay, and in any event, within 5 days of the date endorsed under paragraph (a), deliver the document to the Court to be filed.

(3) The Court shall, without delay, deliver to the Attorney General and any other party a copy of a document filed pursuant to subsection (2).

(4) Service to an imprisoned person shall be effected by delivery to the designated official who shall, without delay, (

a) initial and endorse on the document the date of receipt; (

b) deliver the document to the imprisoned person; and (

c) file with the Court 1 copy of Form U, indicating receipt of the document and compliance with paragraphs (

a) and (b).

(5) Service where the Attorney General is the appellant shall be effected by (

a) personal service on the respondent; Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 277

(

b) service on the respondent’s legal counsel, if counsel accepts service on behalf of the respondent or if counsel already appears as counsel of record for purposes of the appeal; (

c) service on the designated official if the respondent is in custody; or (

d) any other manner as directed by the Court.

(6) 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. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 278

(7) A notice of appeal or notice of cross-appeal (

a) may be filed by electronic means in order to meet a limitation period, and (

b) the notice shall be treated as filed on the day it was received, but (

c) the party shall without delay file and serve printed copies of the notice.

(8) A solicitor may accept service of a document on behalf of a client. Documents – proof of service 17.

(1) Proof that a document has been served may be established by (

a) the signature of the recipient, with the date, acknowledging acceptance of service on the document or a copy; (

b) an affidavit in Form F by the person who delivered the document; (

c) an “Acknowledgment of Receipt” in Form E; (

d) a confirmation of delivery obtained from the carrier where the document was delivered by registered mail or by courier; or (

e) email from the party that was served, and the email shall (

i) identify the document that was served, and (ii) indicate the date and approximate time of service.

(2) Proof of service of a document is not required to be filed unless requested by the Court. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 279

Challenge to a previous decision of the court 18.

(1) Where a party intends to challenge a previous decision or legal principle stated by the Court, that party, when filing its factum, shall advise the Court and other parties in writing of that intention, and the Court may, of its own motion or upon application, give directions.

(2) Where an issue is raised under subsection (1), the Chief Justice may direct that the appeal be heard by a panel of 5 judges, and in that case, each party to the appeal shall file with the Court the original and 5 copies of every document. More than one notice of appeal in a proceeding 19. Where more than one party in a proceeding in the court appealed from files a notice of appeal, the Court may direct that the appeals be consolidated or heard together or that one appeal shall be treated as a cross-appeal.

PART 3 PROCEDURE Extension or abridgement of time 20.

(1) The Court may extend or abridge any time prescribed by these rules before or after the expiration of that time.

(2) Factors the Court may consider under subsection (1) include: (

a) an explanation for why it is necessary to seek an extension or abridgement of the prescribed time; (

b) in the case of a failure to file a notice of appeal, the potential merits of the appeal and whether the applicant demonstrated an intention to appeal within the prescribed time; (

c) any prejudice to another party if the extension or abridgement were granted or refused; (

d) any special circumstances that might cause an injustice if the extension or abridgement were granted or refused; and (

e) any other relevant information or factors. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 280

Appearing by video- conference or teleconference 21.

(1) A party wishing to be heard by videoconference or teleconference may notify the registrar of that intention , and the Court may give directions as required.

(2) A prehearing conference shall be held by teleconference unless a videoconference is directed by the Court.

(3) A party being heard by videoconference or teleconference shall ensure that the place where the videoconferencing or teleconferencing is held is free from distractions and noise.

(4) Except as otherwise provided by law or in a practice note, a person shall not record proceedings during a videoconference or teleconference by any visual or audio recording device, without leave of the Court. 22. A party who is not represented by counsel may make both written and oral submissions or may advise the Court and the Attorney General that he or she (

a) does not intend to file a factum, but instead, intends to present their argument orally at the hearing of the appeal; or (

b) intends to file a factum, but does not intend to present argument orally at the hearing of the appeal. 23.

(1) A person who did not participate in the court appealed from may apply to be added as an intervenor for purposes of the appeal.

(2) The application shall (

a) state the intervenor’s interest in the appeal; (

b) explain the failure to apply to intervene in the court appealed from; and Presentation of appeal – party not represented by counsel Intervention at the Court of Appeal Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 281

(

c) indicate the position the intervenor intends to take on the appeal.

(3) In addition to the items set out in subsection (2), the Court may consider any relevant factors, including whether intervention would delay or prejudice adjudication of the rights of a party and whether the record of the court appealed from is sufficient for purposes of the intervention.

(4) The Court may define or limit the scope of participation by an intervenor in an appeal.

(5) An intervenor shall be a party for purposes of the appeal. Failure to Proceed with an appeal 24.

(1) An appellant shall diligently carry the appeal forward.

(2) Where an appellant fails to carry the appeal forward diligently or otherwise fails to comply with these rules, a respondent may apply to the Court for directions and the Court may give such directions or make such orders as may be appropriate.

(3) Of its own motion, at any time, or where a respondent does not make an application under subsection (2) within 6 months after the transcript was filed or where no transcript was filed within 12 months after the notice of appeal was filed, the Court may set the matter for a status hearing for the purpose of giving directions or making orders, and may give directions regarding notice to the parties.

(4) At a status hearing, the Court may (

a) order the appeal to be perfected by a specified date; (

b) adjourn the status hearing to a fixed date; (

c) fix a date for hearing of the appeal or an application to strike the notice of appeal; or Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 282

(

d) make such other order as may be just. Discontinuing an appeal 25.

(1) An appellant may discontinue an appeal by filing a notice in Form G stating that the appellant has discontinued the appeal, whereupon the appeal shall be at an end.

(2) The registrar shall forward a copy of the notice discontinuing the appeal to the respondent and any other party, and to the transcription office. Assistance of non-solicitor 26.

(1) Upon application of a party, for the purpose of facilitating access to justice, the Court may, in exceptional circumstances and subject to such conditions as may be appropriate, permit a person who is not a solicitor (

a) to make submissions on behalf of a party who does not feel able to make submissions on their own behalf; (

b) to sit with a party in the Court for the purpose of providing assistance, advice and support during the proceeding.

(2) A person granted permission under subsection (1) shall deliver to the Court a completed Form T undertaking in writing (

a) not to receive directly or indirectly any compensation for the assistance provided, except reimbursement for expenses actually incurred, unless the Court otherwise permits; (

b) that their interests are not in conflict with the interests of the applicant; and (

c) to observe and be bound by the obligations that apply to an officer of the Court particularly as set out in Form T. Withdrawal or change of solicitor 27.

(1) A party may change their solicitor in proceedings in the Court by filing a notice of change of solicitor in Form R.

(2) A solicitor who has taken any step on behalf of a party in proceedings in the Court shall be and remain the solicitor of Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 283

record unless a notice of change of solicitor has been filed under subsection (1) or, upon application, the Court grants the solicitor leave to cease acting for the party in the proceedings.

(3) Where leave to cease acting for a party is granted under subsection (2), the party shall without delay notify the Court and the other parties, in writing, (

a) of a new address for service; and (

b) whether the party has or intends to engage a new solicitor or intends to act on their own behalf.

(4) At any time during the proceedings, if a self-represented party engages a solicitor, that solicitor shall without delay notify the Court and the other parties, in writing, of the address for service. Limited purpose retainer of solicitor 28. A party may retain a solicitor for a limited purpose and the solicitor shall file a notice in Form S identifying the nature and scope of the retainer. Appointment as a friend of the court 29.

(1) Upon application or of its own motion, the Court may appoint a solicitor to make submissions on an appeal as a friend of the court where the Court considers that such an appointment is necessary or appropriate in the circumstances.

(2) Notice in Form P regarding an appointment of a friend of the court under subsection (1) shall be given to the Attorney General not less than 15 days before the proceeding is set to be heard, and the Attorney General shall have the right to be heard and to participate in that proceeding.

(3) The Court may make an order under subsection (1) on terms it considers appropriate. Recording court proceedings 30. Except as otherwise provided by law or in a practice note, a person shall not record proceedings in the Court by any visual or audio recording device, without leave of the Court. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 284

PART 4 DOCUMENTS Forms and materials 31.

(1) Where applicable, the forms attached to and forming part of these rules shall be used with such changes as the circumstances require.

(2) All written material relied on in a proceeding shall be legible and printed on 8½ x 11 inch good quality paper.

(3) The registrar may refuse to receive for filing any material that does not substantially comply with these rules and the practice notes.

(4) Where a party files material that fails to comply substantially with these rules, the Court may make an order that it considers appropriate. Documents provided by the Court 32. Documents provided by the Court may be provided by electronic means. Electronic copies – factum and appeal book 33.

(1) A party filing with the Court or delivering to another party an appeal book or factum shall include with the required written copies a searchable electronic copy of each document.

(2) The searchable electronic copy may be provided by CD or flash drive or in an alternate format as specified in a Practice Note issued by the Court.

(3) The electronic version may be provided in Word DOC or DOCX format, or in searchable PDF, with PDF least preferred, or as specified in a Practice Note issued by the Court. Transcript 34. (1) “Transcript” means a printed transcript of the audio recording of the proceedings in the court appealed from but does not include (

a) a party’s submissions to the court appealed from unless those submissions are necessary to enable an issue raised on appeal or cross-appeal to be determined; and Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 285

(

b) a decision of the court appealed from where a printed copy of that decision has been issued.

(2) Except (

a) in a prisoner appeal, or (

b) where a judge otherwise orders, the appellant shall (

c) file with the notice of appeal a copy of a request for transcript in Form J; and (

d) deliver a copy of that Form to the transcription office and to the other parties to the appeal.

(3) In a prisoner appeal, after receiving a notice of appeal, the Attorney General shall (

a) file a copy of a request for transcript in Form J; and (

b) deliver a copy to the transcription office and to the other parties to the appeal.

(4) Where another party is satisfied that an additional portion of the transcript is necessary to enable the issues on appeal or cross- appeal to be determined, that party may submit a request in Form K.

(5) In addition to the transcript, where the transcript is voluminous, a party may provide, or the Court may require, a book of excerpts where that would be convenient for presentation of submissions.

(6) Where a party is represented by counsel, when the transcript is completed, the transcription office shall, as soon as possible, provide an electronic version of the transcript to each counsel. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 286

(7) When a printed copy of the transcript is available, the transcription office shall provide 1 copy to each party unless a party requests on Form J or K only an electronic version.

(8) The transcription office shall provide to the Court 1 original and 3 printed copies of the transcript together with the electronic version and 1 audio recording of the proceedings in the court appealed from. Agreed statement of facts 35. An agreed statement of facts may be substituted for all or a portion of the transcript. Appeal book 36.

(1) The appellant, or the Attorney General where subsection (3) applies, shall file an appeal book which shall be bound and shall consist of a copy of the following, in this order: (

a) a detailed index, (

b) the information or indictment, with endorsements, and reduced in size to fit the appeal book, (

c) the notice of appeal, (

d) the notice of cross-appeal, if any, (

e) the written decision appealed from or, in the absence of a written decision, the transcript of the oral decision, (

f) if the decision on an application in the court appealed from is necessary to enable the issues on appeal to be determined, the written decision or, in the absence of a written decision, the transcript of the oral decision, and, where there is more than one, each decision shall be separately tabbed and placed in order by date, (

g) any order relating to the appeal, and, where there is more than one, each order shall be separately tabbed and placed in order by date, Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 287

(

h) a copy of Form H completed by the Attorney General regarding a publication ban; (

i) any agreed statement of facts entered at the trial or submitted for purposes of the appeal, (

j) any other item that was before the court appealed from which the appellant considers to be necessary to enable the issues on appeal to be determined.

(2) Where the sentence is appealed, the appeal book shall also include a copy of the following, in this order, placed after the documents listed in subsection (1): (

a) the “Questionnaire Concerning Sentence” in Form L, (

b) any pre-sentence report, (

c) any report of a probation officer, (

d) any post-sentence report, (

e) any compensation, probation, or conditional sentence order, or any other order not included under paragraph (1)(

g) that is relevant to determining the issues on appeal, (

f) any medical or psychiatric reports filed at the time of sentence, (

g) any victim or community impact statement, (

h) the criminal record of the offender if one was entered at trial, and (

i) parole status of the offender, if any, at the time of sentencing.

(3) Unless the Court orders otherwise, where the appellant is not represented by counsel, the Attorney General shall prepare and file the appeal book and serve a copy on the appellant. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 288

(4) The respondent, or another party, may file a supplementary appeal book if additional documents are considered necessary to enable determination of the issues on appeal.

(5) The items contained in the appeal book shall be separated by tabs to permit convenient reference to each document or portion thereof.

(6) The pages of the appeal book shall be numbered consecutively in the upper right corner of each page.

(7) The appeal book may be printed on one side or on both sides of the page and if printed on one side, the printed pages shall be to the right.

(8) The cover of the appeal book shall be grey, and shall state the names of the parties, the number of the appeal, and the volume number of the appeal book if there is more than one volume.

(9) Where there is more than one volume, each volume shall (

a) repeat the index and, in addition to the information specified in subsection (8), (

b) show on its cover the page numbers contained in it, and (

c) have a label on the spine of each volume indicating “Appeal Book, V olume …, Tabs … to …”.

(10) In addition to the appeal book, where the appeal book is voluminous, a party may provide, or the Court may require, a book of excerpts where that would be convenient for presentation of submissions. Factum – contents 37.

(1) A factum shall be bound and shall consist of the following, in this order: Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 289

(

a) Index, including the page number on which the submissions on each issue begin; (

b) Part I – Overview A brief

summary of the appeal and the positions being taken in the factum; (

c) Part II - Concise Statement of Facts not to exceed 15 pages unless otherwise authorized by the Chief Justice and consisting of: (

i) A concise

summary of the facts with any references to the evidence or the decision of the trial judge identified by paragraph in the decision or page and line in the transcript; (ii) In the case of a respondent, a statement of its position regarding the appellant’s statement of facts and including any additional facts considered to be relevant; (

d) Part III - List of the Issues; (

e) Part IV - Argument A statement of the argument, not to exceed 40 pages unless otherwise authorized by the Chief Justice, setting out the points to be argued and the basis on which the arguments are made, with specific references to the appeal book, transcript, and the authorities relied upon in support of each point, and, in particular (

i) the authority for a principle or proposition shall be placed immediately after the paragraph or series of paragraphs to which it applies; (ii) the citation of the authority shall include the tab reference together with the relevant paragraphs, pages or provisions each time the authority is cited; and Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 290

(iii) footnotes may be used for purposes of elaboration or explanation which would not conveniently be included in the body of the Argument, but “infra”, “below”, “supra”, “above”, “ibid” and “id” shall not be used. (

f) Part V - Order or Relief Sought; (

g) Index of Appendix A (case authorities listed in alphabetical order) and Appendix B (statutory or regulatory authorities listed in alphabetical order) including citations; (

h) Appendix A – Copies of cases, with appropriate tabbing; and (

i) Appendix B – Copies of relevant portions of statutes, regulations and rules, with appropriate tabbing.

(2) In the case of a cross-appeal, submissions on the cross-appeal shall be included under the title “Cross -Appeal” in the respondent’s factum, placed after the submissions in response to the appeal or, if necessary, in a separate volume.

(3) Paragraphs and pages shall be numbered consecutively.

(4) Except where the rule regarding cross -appeals applies, an appellant shall not file a reply factum without the prior approval of the Chief Justice, which may be granted pursuant to a written request or, if convenient, at a prehearing conference, status hearing, or at the hearing of an application. Factum – legal and case authorities 38.

(1) The Index of Appendix A shall include the neutral citation of each case.

(2) Copies of authorities in Appendi ces A or B from electronic sources may be filed provided that (

a) the copy is downloaded in a minimum font size comparable to Times New Roman 14, and Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 291

(

b) the citation in the Index of Appendix A complies with subsection (1).

(3) When a copy of an authority is contained in documents already filed by another party, an additional copy shall not be filed, but the citation of the authority shall be included in the Index of Appendices A and B with reference to where the copy of the authority is to be found.

(4) A copy of the whole of a lengthy case need not be included in Appendix A if providing a portion would be sufficient for purposes of the appeal.

(5) Copies of authorities should be highlighted or otherwise conveniently marked to identify the portion to which the Court’s attention is to be drawn.

(6) The Index of Appendices A and B shall be included after

Part V in the factum and, if the copies of authorities are bound in a separate volume, the Index shall be included at the front of each volume of authorities.

(7) Where there is more than one volume of authorities, there shall be a label on the spine of each volume indicating “Authorities, V olume …, Tabs … to …”. Factum – form 39.

(1) The Index, Parts I to V and the Index of Appendices A and B of a factum (

a) shall be bound; (

b) shall be legible and printed in Times New Roman font size 14, with line spacing of one and one-half; (

c) shall be printed on one side of the paper only, with the printed pages to the right; (

d) paragraphs shall be numbered consecutively; and (

e) pages shall be numbered consecutively. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 292

(2) Copies of authorities in Appendices A and B (

a) shall be legible and printed in a minimum font size comparable to Times New Roman 14; (

b) may be printed on both sides of a page and if printed on one side, the printed pages shall be to the right; and (

c) shall be bound with the factum or in separate volumes where necessary.

(3) The colours of the covers of a factum and authorities shall be (

a) buff or yellow for an appellant, including an appellant’s reply where a reply is permitted; (

b) blue for a respondent’s factum, including a factum as a cross-appellant; and (

c) green for an intervenor’s factum, but where there are multiple parties, a party may choose to use a different colour where that would assist in identifying that party’s materials.

(4) Where there is more than one volume of authorities, there shall be a label on the spine of each volume indicating “Authorities, V olume…, Tabs … to …”. Filing appeal book and factum 40.

(1) The appellant shall file its factum together with the appeal book (

a) within 60 days after the date of completion marked on the transcript or agreed statement of facts, or (

b) within 60 days after the notice of appeal has been filed if the appeal is proceeding without a request for or preparation of a transcript or an agreed statement of facts.

(2) A respondent shall file its factum within 30 days after receipt of the appellant’s factum. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 293

(3) Unless otherwise ordered by the Court, subsection (1) shall apply to an intervenor that supports the position of the appellant, and subsection (2) shall apply to an intervenor that supports the position of the respondent. Post-sentence report 41.

(1) A party may make a request or an application for the preparation of a post-sentence report.

(2) Not less than 15 days before the hearing of an application or an appeal, a party may file a copy of a report for the purpose of providing the Court and the other party with post -sentence information. Exhibits 42.

(1) Unless otherwise provided by the Code, the trial court and any party having custody or control of any document, exhibit or other thing received in connection with the trial or proceeding shall retain that custody or control (

a) where no appeal is taken, until 90 days after the expiry of the time for giving a notice of appeal or any extension thereof, or (

b) where an appeal is taken, until (

i) the appeal is abandoned, (ii) 30 days after the time limited for taking an appeal to the Supreme Court of Canada, or any extension thereof, or (iii) final disposition of the appeal to the Supreme Court of Canada.

(2) Where a notice of appeal has been filed, the Court shall, without delay, give notice to the trial court, and (

a) upon receiving notice, the trial court shall, without delay, advise any other person who has custody of a document, exhibit or other thing that an appeal has been filed; and Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 294

(

b) the trial court or the person having custody or control shall retain the document, exhibit or other thing in accordance with paragraph (1)(b).

(3) Unless a judge orders otherwise and subject to the provisions of the Code, the Controlled Drugs and Substances Act and any other federal or provincial enactment regarding seizure and forfeiture, at the expiration of the time set out in subsection (1), a document, exhibit or other thing shall be returned to the party who produced or who had custody or control of it at the trial or proceeding.

(4) At any time prior to the final disposition of the appeal, at the request of the Court, the custodian shall, without delay, forward a document, exhibit or other thing to the Court.

(5) Compliance with subsection (1) shall determine when the appeal is finally disposed of for the purpose of disposition of exhibits.

PART 5 APPLICATIONS Applications procedure 43.

(1) An application shall be commenced by Form N request, unless the issues on which the direction or an order of the Court is sought are such that a hearing is required.

(2) Where the issues on which the direction or an order of the Court is sought cannot appropriately be decided by means of a written request, an application may be made for a hearing.

(3) A Form N request may be filed by electronic means by sending an email to COAregistry@appeal.court.nl.ca and may be delivered to other parties by means of email. Form N requests will be disposed of in writing by the Court.

(4) Where an application is made for a hearing, the Chief Justice may decide that the matter is properly determined by means of Form N request instead. Alternatively, where a Form N request is filed, the Chief Justice may decide that an application shoul d be filed instead. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 295

Application for a hearing 44.

(1) An application for a hearing shall include (

a) a concise statement of the relevant facts and the issues to be determined in the application; (

b) the directions or order the applicant is requesting from the Court; (

c) any affidavit necessary to support or provide the foundation for the application; (

d) any document relevant to hearing of the application; and (

e) written submissions and authorities where the nature of the application warrants.

(2) Where warranted, the materials under subsection (1) shall be indexed, tabbed and bound.

(3) Preparation and binding of an application shall be governed by the provisions applicable to a factum, with any necessary changes.

(4) Subject to direction of the Court, (

a) an application shall be filed and served not less than 4 days prior to the time set for hearing the application; and (

b) a party responding to an application shall file and serve any affidavit, document or written submissions and authorities on which that party relies not less than 2 days prior to the time set for hearing the application.

(5) A party filing materials referred to in subsections (1) or (4)(

b) with the Court shall also file with the required written copies a searchable electronic copy of each document which may be provided by CD or flash drive or in an alternate format as specified in a practice note issued by the Court. The electronic version may be provided in Word DOC or DOCX format, or in searchable PDF, with PDF least preferred, or as specified in a Practice Note issued by the Court. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 296

Application for appointment of counsel

(6) Where authorized by an order or direction of the Court, a statute, or a rule, an application may be made without notice to other parties.

(7) Where an application is made without notice to other parties, the Court may vary or set aside an order or directions made on that application on such terms as may be appropriate.

(8) A party, in writing, may waive notice of the application or may give consent to the order sought by the applicant.

(9) The Court shall set dates for the hearing of applications in each month, but an application may be set to be heard at another time where necessary or appropriate.

(10) Upon the request of a party, the Court may decide an application, without an oral hearing, on the basis of the documents that have been filed and the written submissions, provided that the other parties indicate in writing that they agree to the request. 45.

(1) An application for the appointment of counsel pursuant to the Code shall be made in Form Q.

(2) Factors the Court may consider in determining an application under subsection (1) include (

a) the complexity of the legal issues in the appeal; (

b) the potential effect of the appeal on the development of the law; (

c) the ability of the applicant to provide written and oral submissions; Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 297

(

d) the availability of legal aid under a provincial plan providing legal aid or similar services; and (

e) whether the applicant has sufficient financial means to obtain the assistance of counsel.

(3) The Court shall deliver a copy of an application under subsection (1) to the Attorney General, and may deliver a copy of the application to the Newfoundland and Labrador Legal Aid Commission, not less than 15 days before the application is set to be heard, and the Attorney General and the Legal Aid Commission shall have the right to be heard. Setting a hearing date 46.

(1) The registrar may, upon the request of a party in Form N, and in consultation with the parties and the Chief Justice, set a time for the hearing of an appeal or an application.

(2) Where a party fails to file a factum within the time prescribed by these rules, another party may make a request or an application to set a time for filing the factum and for hearing of the appeal.

(3) Where notice of hearing of an appeal or an application or other proceeding was delivered to a party and that party fails to appear at the hearing, the Court may adjourn the hearing or hear the appeal, application or other proceeding in that party’s absence. Additional evidence on appeal 47.

(1) Subject to subsection (6), upon application, the panel hearing the appeal may receive additional evidence for purposes of the appeal.

(2) The application shall be accompanied by an affidavit setting out (

a) the general nature of the evidence sought to be introduced; (

b) how the evidence satisfies the criteria set out in subsection (3); and Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 298

(

c) why the evidence was not introduced in the court appealed from.

(3) In determining the application, the Court shall consider (

a) whether, by due diligence, the evidence could have been brought in the court appealed from; (

b) the relevance of the evidence in the sense that it bears upon a decisive or potentially decisive issue in the appeal; (

c) the credibility of the evidence; (

d) whether the evidence, if believed, could reasonably have affected the result; and (

e) any other relevant factor.

(4) Unless the Court otherwise orders or directs, additional evidence shall be submitted by affidavit, subject to cross - examination.

(5) Unless the Court otherwise orders or directs, an application for additional evidence shall be decided by the panel hearing the appeal, and shall be argued at the same time as the appeal.

(6) Where the purpose of the evidence is to support a ground of appeal in which the competence of counsel at trial is challenged, (

a) the applicant (

i) shall, when the application is filed, serve notice of the application on counsel whose competence is challenged, (ii) shall file an affidavit setting out the facts in support of the challenge, (iii) may be cross-examined on the affidavit, and Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 299

(iv) must waive solicitor-client privilege for purposes of the appeal; and (

b) counsel at trial (

i) shall, upon request, be permitted to join the action as an intervenor for purposes of responding to the challenge, (ii) may file an affidavit setting out the facts that address the challenge, and (iii) may be cross-examined on the affidavit.

(7) The Court may, in the presence of the parties or their solicitors, inspect or view any place, property or thing where the inspection or view may facilitate determination of the appeal. Challenging an appeal in an uncompleted matter 48.

(1) Where an appeal is commenced in an uncompleted matter, a party may apply to have the notice of appeal struck on the basis that the appeal should not proceed until the matter has been completed because (

a) the law precludes the appeal of the uncompleted matter; (

b) prejudice to a party may result if the appeal is heard before the matter is completed in the court appealed from; (

c) hearing the appeal before the matter is completed in the court appealed from would result in delay, inconvenience or an inefficient use of judicial resources; or (

d) there is good reason for delaying an appeal until the matter has been completed.

(2) Striking a notice of appeal under this rule does not prejudice the right of the appellant to include the same issues in an appeal when the matter has been completed in the court appealed from. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 300

Striking out a notice of appeal or dismissing an appeal 49.

(1) A party to an appeal may apply at any time before or at the hearing of the appeal for an order (

a) striking out the notice of appeal; or (

b) dismissing the appeal on the grounds that (

i) no appeal lies to the Court; (ii) the appeal is frivolous, vexatious or without merit; (iii) the appellant has unduly delayed the preparation and perfection of the appeal; or (iv) the appellant has failed to apply to have the appeal set down for hearing.

(2) An application to dismiss an appeal shall be heard and determined by a panel of not fewer than 3 judges.

(3) A notice of appeal may be struck out by a single judge, and where a notice of appeal has been struck out, the appellant may apply within 6 months to have the notice reinstated on terms the Court considers just. Notice to the Attorney General 50.

(1) Upon an application or of its own motion, the Court may direct a party to give notice of an appeal or an application to the Attorney General in Form P, and the Attorney General shall have the right to be heard and to participate in that appeal or application.

(2) The notice to the Attorney General shall include an appropriate notice period. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 301

Release from custody 51.

(1) An application for judicial interim release shall be accompanied by an affidavit setting out (

a) the facts on which the applicant relies to satisfy the requirements stipulated by the law for release, and (

b) the proposed conditions to be included in an order should judicial interim release be granted.

(2) Where the application is opposed, the Attorney General may file an affidavit in response setting out the facts relied upon.

(3) The affidavits shall be subject to cross-examination.

(4) Instead of the affidavits referenced in subsections (1) and (2), the parties may file an agreed statement of facts for purposes of the application.

(5) When granting or dismissing an application for judicial interim release, the judge may make an order or give directions regarding the filing of factums and setting of a date for hearing of the appeal.

(6) Where the application is granted, (

a) the applicant shall be released from custody after Form M has been completed and accepted by the Court, and (

b) the applicant, or counsel for the Attorney General where the applicant is not represented by counsel, shall file the order for judicial interim release, and the order shall include any conditions imposed by the Court. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 302

PART 6 JUDGMENT Delivery of judgment 52.

(1) Where separate reasons for judgment are filed by more than 1 judge, the judgment of the Court shall be the decision of the majority of the panel hearing an appeal.

(2) The registrar shall deliver a copy of the written reasons for judgment to the parties or their counsel, to the court appealed from, and to any other persons the Chief Justice authorizes in the particular case or generally. Formal order 53.

(1) A formal order of the Court shall be in Form O and shall state the judgment of the Court.

(2) Where a judge files dissenting reasons, the formal order shall indicate the nature of the dissent.

(3) After the Court’s judgment is filed, regardless of the outcome of the appeal, the Attorney General shall, without delay, (

a) deliver to the Court a draft formal order, and (

b) where the appellant is represented by counsel, provide a copy of the draft formal order to that counsel, and that counsel shall, within 3 days, by email or otherwise in writing, indicate consent to the draft or provide comments to the drafter of the order, with a copy to the Court.

(4) The Court shall determine and approve the final formal order, which shall be filed, with a copy provided to each party.

(5) Where the nature of an application is such as to warrant or require a formal order, the Attorney General shall be responsible for providing the draft order. Correction of mistakes 54. At any time the Court may correct an error in a judgment or order that arose from a clerical mistake or from an accidental slip or omission. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 303

PART 7 TRANSITIONAL Transitional Commence- ment 55.

(1) Proceedings commenced, but not completed, prior to the coming into force of these rules shall be governed by these rules without prejudice to anything lawfully done under the former rules.

(2) A party may make a Form N request for directions or an order if there is doubt about the application or operation of these rules to a proceeding under subsection (1) or if any difficulty, injustice or impossibility arises as a result.

(3) For the purpose of calculating time limitations, including requiring a thing to be done without delay, (

a) where no time limit was provided under the former rules, the time limit under these rules applies, calculated from the date on which these rules come into force; (

b) where a time limit under these rules is shorter than the time limit under the former rules, the time limit under these rules applies, calculated from the date on which these rules come into force; and (

c) where a time limit under these rules is longer than the time limit under the former rules, the time limit under these rules applies, calculated from the time when the thing was to be done under the former rules. 56.

(1) These rules come into force 90 days after they are published in the Newfoundland and Labrador Gazette.

(2) The Supreme Court of Newfoundland and Labrador – Court of Appeal Criminal Appeal Rules (2002), SI/2002-96, Canada Gazette

Part II, Vol. 136, No. 13, are repealed immediately upon the coming into force of these rules. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 304

COURT OF APPEAL CRIMINAL RULES, 2025 INDEX OF FORMS Form A Notice of Appeal Form B Notice of Appeal (Appellant not represented by counsel) Form C Cross-Appeal Form D Cross-Appeal - Election to Proceed Form E Acknowledgment of Receipt of Document Form F Service of Document - Affidavit Form G Discontinuing Appeal Form H Publication Ban Form J Transcript Request Form K Transcript - Further Portions Form L Questionnaire Concerning Sentence Form M Release Order Form N Request Form O Order Form P Notice to the Attorney General Form Q Appointment of Counsel Form R Change of Solicitor Form S Limited Purpose Retainer of Solicitor Form T Assistance of Non-Solicitor From U Receipt of Document for an Imprisoned Person Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 305

FORM A (Rule 8) (To be used (1) where Notice is filed by counsel on behalf of the appellant; (2) with the necessary changes, when the Attorney General is the appellant). File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR [Insert notice of publication ban or access restriction if applicable.] BETWEEN: _____________________________________ APPELLANT AND: HIS MAJESTY THE KING as represented RESPONDENT by the Attorney General NOTICE OF APPEAL 1.

Section of the Criminal Code under which the appeal is brought ____________________________________________________________________________ 2. Place of trial or proceeding ____________________________________________________________________________ 3. Name of judge ____________________________________________________________________________ 4. Name of court Supreme Court of Newfoundland and Labrador, General Division Provincial Court or Youth Court Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 306

5. Name of crown prosecutor ____________________________________________________________________________ 6. Name of defence counsel _____________________________________________________________________ 7. Offence(s) (example: theft, assault) of which appellant was charged, convicted or acquitted _____________________________________________________________________ 8. Sections of the Criminal Code or other statutes under which appellant was charged, convicted or acquitted ____________________________________________________________________________ 9. Plea at trial 󠆿󠆿 󠆿󠆿 󠆿󠆿 󠆿󠆿 guilty not guilty other 10.

Length of trial ____________________________________________________________________________ 11. Date of conviction or acquittal, or other order to be appealed ____________________________________________________________________________ 12. Sentence imposed ____________________________________________________________________________ 13. Date sentence was imposed ____________________________________________________________________________ 14. If the appellant is in custody, place of incarceration ____________________________________________________________________________ 15.

Appellant’s date of birth ____________________________________________________________________________ 16. Appellant’s last known address ____________________________________________________________________________ Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 307

17. Court case number from trial or other proceeding ____________________________________________________________________________ 18. Take notice that the appellant appeals against conviction only; appeals against conviction and sentence; applies for leave to appeal against sentence only, and if leave is granted, appeals against sentence only; appeals against acquittal; other. 19. Leave to appeal is required because: a. appeal is against sentence only _____ b. appeal comes from the

summary conviction appeal court ____ c. Criminal Code provision ____ d. other ____ The grounds of appeal are annexed hereto as “Appendix A”.

The appellant requests: (set out what order the appellant is seeking) __________________________________________________________________ The appellant’s address for service (include postal address, telephone, email) is _______________________________________________________________________________ _______________________________________________________________________________ Dated at __________________, Newfoundland and Labrador, this __ day of ________, 20____. ____________________________________ (Counsel on behalf of Appellant) To: (name of Respondent or lawyer) The address for service is: (postal address, telephone, email) Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 308

(name of lawyer handling the file) Counsel for … To: The Registrar Court of Appeal P.O. Box 937 287 Duckworth Street St. John’s, NL A1C 5M3 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 309

FORM B (Rule 8) (To be used where the appellant is not represented by counsel). File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT AND: HIS MAJESTY THE KING as represented RESPONDENT by the Attorney General NOTICE OF APPEAL 1. Place of trial or proceeding ____________________________________________________________________________ 2. Name of judge ____________________________________________________________________________ 3.

Name of court Supreme Court of Newfoundland and Labrador, General Division Provincial Court or Youth Court 4. Name of your defence counsel (if any) ____________________________________________________________________________ Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 310

5. Offence(

s) of which you were convicted (example: theft, forgery, sexual assault) _____________________________________________________________________ _____________________________________________________________________ 6. Plea at trial 󠆿󠆿 󠆿󠆿guilty not guilty other 7. Date of conviction or other order to be appealed ____________________________________________________________________________ 8. Sentence imposed ____________________________________________________________________________ 9. Date sentence was imposed ____________________________________________________________________________ 10.

Were you convicted or sentenced under the Youth Criminal Justice Act? Yes No 11. If you are a young person as defined in the Youth Criminal Justice Act have you applied for legal aid? Yes No If yes, where is the legal aid office located? ____________________________________________________________________________ Have you been refused a legal aid certificate? Yes No If your application for legal aid was refused did you apply to the Legal Aid Commission to have that decision reconsidered? Yes No 12. Are you in prison?

Yes No If yes, where? _______________________________ Your address when you are not in prison: _________________________________________ Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 311

13. If you are not in prison, what is your address? ____________________________________________________________________________ Note: The Rules of Court provide for delivery of certain materials to you at the address stated in the notice of appeal. If you change your address, notify the Registrar. If you do not notify the Registrar, delivery of documents at your old address will be considered to be proper delivery to you and the appeal may proceed in your absence (even if you have not received the documents). 14. Your date of birth ____________________________________________________________ 15.

Court case number from trial or other proceeding ____________________________________ 16. Take notice that I want to appeal against conviction only; appeal against conviction and sentence; apply for leave to appeal against sentence only, and if leave is granted, I appeal against sentence only; other. 17. Leave to appeal is required because: a. appeal is against sentence only _____ b. appeal comes from the

summary conviction appeal court ____ c. Criminal Code provision ____ d. other ____ 18. If you were convicted of more than one offence, which convictions are you appealing? _____________________________________________________________________ 19. If you are appealing your sentence and you were sentenced for more than one offence which sentences are you appealing? _____________________________________________________________________ 20. Reasons for my appeal. I want to appeal for the following reasons: Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 312

____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 21. I want to make my submissions (arguments) to the Court (

a) in writing and in person (

b) in writing only (

c) in person only You must file your notice of appeal within 30 days after you have been sentenced by

(1) Delivering your notice of appeal to the Court registry; or

(2) If you are in prison, by giving your notice of appeal to the prison official designated to send documents to the Court on your behalf.

If you have not filed your notice of appeal within 30 days after you were sentenced, you may apply for an extension of time by filling out the following: Application for Extension of Time I hereby apply for an extension of time, within which I may launch the within appeal, on the following grounds: (State reasons for delay below.) _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 313

My address to receive documents is: _______________________________________________ Dated at _____________, Newfoundland and Labrador, this __ day of_____________, 20____. ____________________________________ (signature of Appellant) (telephone number, email) To: (name of Respondent or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Counsel for … To: The Registrar Court of Appeal P.O. Box 937 287 Duckworth Street St. John’s, NL A1C 5M3 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 314

FORM C (Rule 11) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT/ RESPONDENT BY CROSS-APPEAL AND: _____________________________________ RESPONDENT/ APPELLANT BY CROSS-APPEAL NOTICE OF CROSS-APPEAL This is notice that the Respondent cross-appeals against the order under appeal. 1. Date notice of appeal was filed _______________________________________________________________________________ 2. Notice of appeal file number _______________________________________________________________________________ 3.

Date respondent received notice of appeal _______________________________________________________________________________ 4. This is notice of the intention to make submissions by cross-appeal to appeal or vary a portion of the order appealed from that is not appealed by the appellant, or to contend that the order appealed from should be varied or affirmed on grounds other than those given by the court appealed from. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 315

The grounds of the cross-appeal are annexed hereto as “Appendix A”. The Respondent requests: (set out what order the Respondent is seeking) ____________________. Dated at ______________, Newfoundland and Labrador, this __ day of ____________, 20____. _____________________________ (signature) (name of Appellant by cross-appeal or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Counsel for ….

To: (name of Respondent by cross-appeal or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Counsel for … To: The Registrar Court of Appeal P.O. Box 937 287 Duckworth Street St. John’s, NL A1C 5M3 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 316

FORM D (Rule 11) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT/ RESPONDENT BY CROSS-APPEAL AND: _____________________________________ RESPONDENT/ APPELLANT BY CROSS-APPEAL ELECTION TO PROCEED WITH CROSS-APPEAL The appeal having been discontinued or deemed abandoned , the Appellant by cross -appeal elects to proceed with the cross-appeal.

Dated at _____________, Newfoundland and Labrador, this __ day of_____________, 20____. ____________________________ (signature) (name of Appellant by cross-appeal or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Counsel for …. To: (name of Respondent by cross-appeal or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 317

Counsel for … To: The Registrar Court of Appeal P.O. Box 937 287 Duckworth Street St. John’s, NL A1C 5M3 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 318

FORM E (Rule 17) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT AND: _____________________________________ RESPONDENT ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT I, (name and position), acknowledge that, on the __ day of ______________, 20____, I received from (name) the (specify document), which is attached. __________________________ (signature) (name of Appellant/Respondent or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Counsel for ….

To: (name of Appellant/Respondent or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Counsel for … Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 319

To: The Registrar Court of Appeal P.O. Box 937 287 Duckworth Street St. John’s, NL A1C 5M3 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 320

FORM F (Rule 17) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT AND: _____________________________________ RESPONDENT AFFIDAVIT OF SERVICE OF DOCUMENT I, (name, occupation optional), of (city or town, and province), swear (affirm) that the following facts are true: On the __ day of _____________, 20____, I delivered the ( specify document), which is dated _________________, 20____ to (name) by (specify the method of delivery).

Where the document was not delivered to a solicitor’s office, I identified the person I delivered the document to (specify the basis on which you identified the named person) _______________________________________________________________________________ Sworn (or affirmed) before me at (city or town) in the Province of Newfoundland and Labrador this _____ day of _____________, 20____ _____________________________________ (signature of deponent) ___________________________________________ (signature of witness) Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 321

FORM G (Rule 25) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT AND: _____________________________________ RESPONDENT NOTICE AN APPEAL IS BEING DISCONTINUED This is notice that the Appellant discontinues this appeal and that the appeal is at an end. Dated at ____________, Newfoundland and Labrador, this __ day of______________, 20____. ____________________ (signature) (name of Appellant or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Counsel for …. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 322

To: (name of Respondent or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Counsel for … To: The Registrar Court of Appeal P.O. Box 937 287 Duckworth Street St. John’s, NL A1C 5M3 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 323

FORM H (Rules 14 and 36(l)(h)) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT AND: _____________________________________ RESPONDENT NOTICE OF PUBLICATION BAN 1. Publication ban required No Yes If yes, 2. A publication ban was issued at trial pursuant to

section _____ of the Criminal Code or _____________________. Reason for the publication ban: protection of the complainant , protection of a witness , matter not completed , other ________________. Wording for the publication ban: _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________. 3. On appeal, the Attorney General intends to request a publication ban pursuant to

section ____ of the Criminal Code or ______________________ Reason for the publication ban: protection of the complainant , protection of a witness , matter not completed , other ________________. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 324

Wording for the publication ban: _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________ ________. ____________________ (signature) Counsel for the Attorney General To: (name of Respondent or lawyer) The address for service is: (postal address, telephone, email) (name of lawyer handling the file) Counsel for … To: The Registrar Court of Appeal P.O. Box 937 287 Duckworth Street St. John’s, NL A1C 5M3 Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 325

FORM J (Rule 34) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT AND: _____________________________________ RESPONDENT REQUEST FOR TRANSCRIPT AND CERTIFICATE TO: Transcription Office of the Supreme Court of Newfoundland and Labrador, General Division ; or the Provincial Court of Newfoundland and Labrador located at ________________ (town/city) in the Province of Newfoundland and Labrador. REQUEST FOR TRANSCRIPT “Transcript” means a printed transcript of the audio recording of the proceedings in the court appealed from but does not include (

a) a party’s submissions to the court appealed from unless those submissions are necessary to enable an issue raised on appeal or cross-appeal to be determined; and (

b) a decision of the court appealed from where a printed copy of that decision has been issued. Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 326

Pursuant to Rule 34 of the Court of Appeal Criminal Rules , you are requested to prepare a transcript of the record in _____________________________________________ v. ___________________________________________ file no. __________________________, as follows. Note: Check applicable items. A.

Judge alone trial All the evidence taken at trial together with objections to and rulings on admissibility of that evidence; Only the evidence of the following witnesses together with objections to and rulings on admissibility of that evidence: _______________________________________________ _______________________________________________ _______________________________________________ Audio of the following exhibits: ____________________________ The parties’ final submissions in the court appealed from; The parties’ submissions in the court appealed from on the following issues: _____________. B.

Jury trial All the evidence taken at trial (whether taken in the presence or in the absence of the jury) together with objections to and rulings on admissibility of that evidence; Only the evidence of the following witnesses together with objections to and rulings on admissibility of that evidence: _______________________________________________ Evidence taken on a voir dire in relation to _ _____________________________, and submissions made and rulings given in respect of same; Audio of the following exhibits: _________________________________________________ Proceedings in respect of the selection of the jury; The opening address of the trial judge; Submissions as to the proposed content of the judge’s charge to the jury and the judge’s rulings thereon and reasons; The closing addresses to the jury; The judge’s charge to the jury; Any objections to the judge’s charge to the jury and the judge’s rulings thereon and reasons; Submissions respecting questions from the jury and the judge’s rulings thereon and reasons; The recording of the verdict of the jury.

Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 327

C. Sentence appeal In addition to the transcript of the trial (Parts A and B, above), The evidence taken on the issue of sentence; Submissions made on the issue of sentence. D. Reasons for judgment The reasons for judgment, if no printed copy has been issued; The reasons for sentence, if no printed copy has been issued. E. Other ___________________________________________________________________________, ___________________________________________________________________________, ___________________________________________________________________________. F.

Electronic and printed copies of the transcript When the transcript is completed, an electronic version shall, as soon as possible, be sent to counsel for each party in a format approved by the Transcription Office. Note: If one of these boxes is not checked, it will be assumed that the party wishes to receive a printed copy of the transcript. A party not filing this form may advise the Transcription Office, in writing, that a printed copy is not requested by that party. The appellant requests only an electronic version (not a printed copy) of the transcript.

The respondent requests only an electronic version (not a printed copy) of the transcript. When a printed copy of the transcript is available, (

a) The original and 3 copies, together with the electronic version and a copy of the audio recording of the proceedings, shall be delivered to The Registrar, Court of Appeal P.O. Box 937 287 Duckworth Street St. John’s, NL A1C 5M3, And (

b) If a party requests a printed copy as well as an electronic version of the transcript, either Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 328

(

i) the party shall be notified that the printed copy of the transcript is available to be collected from the Transcription Office, or (ii) a printed copy of the transcript shall be forwarded by ordinary mail to the party at the following address: ____________________________________ ____________________________________ CERTIFICATE I delivered a copy of Form J to the Transcription Office by mail at ______________________ (address), or by email at _______________________ (email address) requesting the transcript as specified in the Form.

I delivered a copy of Form J to the other parties to the appeal by mail at _________________ (address), or by email at ______________________ (email address) requesting the transcript as specified in the Form. ___________________________ (Date) __________________________________ (Signature of requestor) Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 329

FORM K (Rule 34) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT AND: _____________________________________ RESPONDENT REQUEST FOR FURTHER PORTIONS OF TRANSCRIPT AND CERTIFICATE TO: Transcription Office of the Supreme Court of Newfoundland and Labrador, General Division ; or the Provincial Court of Newfoundland and Labrador located at _________________________ (town/city), Newfoundland and Labrador.

Pursuant to Rule 33(4) of the Court of Appeal Criminal Rules , you are requested to prepare a transcript of the following additional portions of the record in _____________________________________________ v. _____________________________ file no. ____________________________________: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Note: On completion of preparation of these additional portions of the transcript, you are requested to deliver the original and copies to the Court and the parties in the same manner as the other portions of the transcript already requested.

Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 330

CERTIFICATE I delivered a copy of Form K to the Transcription Office by mail at ______________ (address), or by email at _______________________ (email address) requesting further portions of the transcript as specified in the Form. I delivered a copy of Form K to the other parties to the appeal by mail at __________ (address), or by email at ______________________ (email address) requesting further portions of the transcript as specified in the Form. ___________________________ (Date) __________________________ (Signature of requestor) Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 331

FORM L (Rule 36(2)) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPELLANT AND: _____________________________________ RESPONDENT QUESTIONNAIRE CONCERNING SENTENCE 1. Length of trial _________________________________________________________________________ 2. Present place of imprisonment (if applicable) _________________________________________________________ 3. If appellant was released on bail pending appeal, date of release ______________________ 4.

Period spent in custody pre-trial ______________ or pre-sentence ____________________ 5. Parole eligibility date _________________________________________________________________________ 6. Date of mandatory release _________________________________________________________________________ Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 332

7. Names of co-accused (if any) and sentences imposed for offences of which they were convicted _________________________________________________________________________ 8. Prior criminal record (if any, if such was introduced at trial) ____________________________________________ 9. Present employment _________________________________________________________________________ 10. Present marital status _________________________________________________________________________ 11. Appellant’s present age _________ and age at time of offence _______________ 12. Was a pre-sentence report prepared? Yes No 13.

Was there a victim impact statement? Yes No 14. Were there any medical or psychiatric reports? Yes No 15. Parole status of the offender, if any, at the time of sentencing ________________________ Vol. 100 No. 23 THE NEWFOUNDLAND AND LABRADOR GAZETTE JUNE 6, 2025 333

FORM M (Rule 51) File No. 20____ 01H ______ IN THE COURT OF APPEAL OF NEWFOUNDLAND AND LABRADOR BETWEEN: _____________________________________ APPLICANT/ APPELLANT AND: _____________________________________ RESPONDENT RELEASE ORDER 1. Identification Surname: _______________________ Given name(s): _________________________ Date of Birth: _____________________________ 2. Contact Information Address: ____________________ Telephone: _________ Email: ____________________ 3. Before: (name of Justice who granted the order) __________________________________

Whereas: On _________( date), the Court hea

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2025-06-06
Type	gazette
Volume / chapter	nlg20250606
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	01e7d1f6090ff026794cf99f38766c039fca584c

Source file is stored in the law ingest library (pdf).