Court Of Appeal Act 1986

statreg 145 86

British Columbia — Consolidated Statutes

145/86

Rules of Court of Appeal Justices

July 2, 1986

Criminal Code (Canada)

British Columbia Court of Appeal Criminal Appeal Rules, 1986

[includes amendments up to B.C. Reg. 176/91]

Title

These rules may be cited as the British Columbia Court of Appeal Criminal Appeal

Rules, 1986.

[en. B.C. Reg. 176/91, s. 2.]

Interpretation

1.1

In these rules

appeal includes an application for leave to appeal;

appellant includes an applicant for leave to appeal;

court means the Court of Appeal;

defendant means the person who has been convicted, sentenced or had

some other order, finding or determination made against him;

file means to file with the registrar in a registry of the

court;

justice means a justice of appeal;

notice of appeal includes a notice of application for leave to

appeal;

order under appeal means the conviction, acquittal, sentence,

finding, determination or other order in respect of which the appeal is

brought;

registrar includes

an assistant, associate or deputy registrar of the court, and

any person appointed by the chief justice to temporarily carry out the duties

of the registrar;

respondent means

the prosecutor, where the appellant is the defendant, and

the defendant, where the appellant is the prosecutor.

The

definitions in sections 2 and 673 of the Criminal Code apply to these rules.

[am. B.C. Reg. 176/91, s. 3.]

Application of court rules and practice directives

The Court of Appeal Rules (Civil), B.C. Reg. 303/82, as amended from time to time,

apply to appeals on matters that are not expressly provided for in these rules.

The court may issue practice directives on any matter respecting

appeals.

On an appeal, the court or a justice may give all directions respecting the

conduct of the appeal that it or he considers necessary.

The court and a justice have, in relation to an appeal, all of the powers that

they have under the Court of Appeal Act , R.S.B.C. 1996,

c. 77, and the rules made under that Act, with any necessary changes as may be

applicable.

Commencement of Appeals

Appeal by the defendant

A person who wishes to appeal against conviction, sentence, or conviction and

sentence, shall, within 30 days after the imposition of the sentence, commence the

appeal by filing an original and 4 copies of

Form

1 or 1A, where the defendant is represented by counsel,

Form

2, where the defendant is not so represented.

Where more than 30 days have lapsed since the imposition of the sentence, a

defendant may apply for an extension of the time to appeal by filing an original and one

copy of Form

The registrar shall forward a copy of the filed Form 1, 1A,

or 7

to the prosecutor.

[am. B.C. Reg. 176/91, s. 4.]

Appeal by the prosecutor

Where the prosecutor wishes to appeal, he shall, within 30 days after the

pronouncement of the order under appeal,

file 5 copies of the notice of appeal in Form 3, and

serve the respondent or proposed respondent with the notice, either before or

after it is filed.

Where the prosecutor is unable to personally serve the notice of appeal on the

respondent, the court or a justice may authorize the prosecutor to serve the respondent

in the manner that the court or a justice directs.

On compliance by the prosecutor with an order under subrule (2), the respondent

shall be deemed to be served with the notice of appeal.

Notice of Appeal

The notice of appeal shall be in Form 1, 1A,

or 3, as the case may be.

The appellant shall state his address for service on the notice of appeal and

any document respecting the appeal that is delivered to that address shall be deemed to

have been served on the appellant.

Where an appellant, who is not represented by counsel, is in custody at the time

he files notice of appeal, he shall state the name of the institution in which he is in

custody together with another address for service other than that

institution.

The registrar shall forward a copy of the notice of appeal to the judge who made

the order under appeal.

A notice of appeal may be amended at any time by consent or with leave of the

court or a justice.

A notice of appeal may be amended without leave

at any time up to 14 days before an appeal is set to be heard, where factums

are not required, or

at any time before the appellant files his factums in an appeal, where factums

are required.

Where the notice of appeal is amended, the appellant shall file and serve the

amended notice of appeal.

[am. B.C. Reg. 176/91, s. 5.]

Appeal Book and Transcript — Appeals Other than Sentence Appeals

Application

Rule 9 of this Part does not apply to an appellant or respondent who is not

represented by counsel.

Filing of appeal book and transcript of evidence

Unless otherwise ordered by the court or a justice, the appellant shall, within 60

days after filing the notice of appeal,

file 4 copies each of an appeal book and transcript or such additional copies as

may be required by the registrar, and

deliver one copy of the appeal book and transcript to the respondent.

Form and content of appeal book and transcript

The appeal book shall be bound separately in a volume having a blue cover and

shall be in Form 4 and comply with the requirements of that form.

The transcript shall be bound separately in a volume having a red cover and

shall be in Form 5 and shall comply with the requirements of that form.

The appeal book and transcript shall be printed

in 10 point type,

only on the left side of the page, and

on durable white paper having dimensions of 21.5 cm by 28 cm.

The arguments of counsel shall not be reproduced in the transcript without good

reason.

Where the number of pages exceeds 300, an appeal book or transcript shall be

bound into 2 or more volumes, numbered consecutively with each volume containing not

more than 200 pages.

Each volume of the appeal book or transcript shall show

what pages it contains, and

an index in accordance with page 2 of Forms 4 and 5.

The appeal book shall contain

an index,

a copy of the information or indictment,

a copy of all exhibits that are capable of reproduction,

a list of all exhibits and affidavits that have been excluded under Rule

a copy of the order under appeal,

a copy of the notice of appeal, and

where there will be no transcript prepared for the appeal, the statement

referred to in paragraph (8) (c).

The transcript shall contain

an index and, where there is more than one volume, the complete index shall be

included in each volume,

all rulings of the trial judge, his reasons for judgment or charge to the

jury, as the case may be, and

a statement of the evidence that has been excluded under Rule 9.

The transcript shall not contain

proceedings on the challenge for cause of the array or of a juror,

the opening address of the judge,

the opening and closing addresses of counsel,

all proceedings in the absence of the jury except

rulings on the admissibility of evidence following a voir dire or otherwise,

objections to the judge's charge, and

objections to the admissibility of evidence other than a statement that an

objection was made

unless

the grounds of appeal relate to a matter referred therein,

in respect of the items in paragraphs (

a) to (e), the court or a justice orders

that one or more of those items be included, or

the appellant and respondent agree that one or more of the items be

included.

Unless the registrar directs, where the appellant and respondent agree on a

statement of facts that are relevant to the appeal, the appellant may, instead of filing

a transcript, include the agreed statement of facts

in the appeal book, or

in a separately bound volume with a red cover

as the parties agree or the registrar directs.

The registrar may reject an appeal book or transcript that does not comply with

the rules or any order made under them and, on making a rejection, he shall promptly

advise the appellant and the respondent of his rejection and the reasons for

it.

[am. B.C. Reg. 176/91, s. 6.]

Negotiations on size of appeal book and transcript

The appellant and respondent shall attempt to reduce the bulk of the appeal book

and transcript by excluding from them material, including evidence, that is unnecessary

for a proper hearing of the appeal.

The appellant or respondent may suggest to the other party what material ought

to be excluded from the appeal book or transcript.

The appellant or respondent, on 2 days' notice, may take out an appointment with

the registrar to settle the appeal book or transcript.

The registrar may give directions respecting what should be included or deleted

from the appeal book or transcript.

The appellant or respondent may appeal a direction of the registrar to a justice

and the justice may refer the question to the registrar of the court appealed from or to

a judge of that court.

Factums

Unless otherwise directed by the registrar, the appellant shall file 4 copies of

his factum and deliver a copy of it to the respondent within 30 days of filing the

appeal book and transcript.

Unless otherwise directed by the registrar, the respondent shall file 4 copies

of his factum and deliver a copy of it to the appellant within 30 days of receiving the

appellant's factum.

Where the appellant wishes to reply to the respondent's factum, he shall file

his factum in reply within 7 days of receiving the respondent's factum and promptly

deliver a copy of it to the respondent.

Factums shall comply with Form 6 and the requirements set out in that

form.

The registrar shall not accept a factum for filing that does not substantially

comply with Form 6.

Factums shall not

contain irrelevant material, or

reproduce any matter that is contained in the appeal book or transcript, where

reference to the material or matter will reasonably suffice.

The index page of the appellant's factum shall, where counsel estimates the

hearing of the appeal will exceed one day, contain the following endorsement:

"After consultation with counsel for the respondent, I consider that the

hearing of this appeal should take ............... . I consider that the presentation

of my argument will take ....................".

Sentence Appeals

Sentence appeals with counsel

In an appeal against sentence, the appellant shall file 4 copies of the sentence

appeal material as may be required by the registrar and serve one copy of the material on

the respondent.

Post sentence reports

The court may order preparation of a post sentence report relating to a person in

respect of whom an appeal against sentence has been brought.

Other Pre-hearing Matters

Summary dismissal for want of prosecution or failure to comply with

rules

Where the appellant fails to

diligently pursue his appeal, or

comply with these rules,

the respondent may apply to the court or, on an appeal where leave is required,

to a justice, for an order that the appeal be dismissed.

On an application under subrule (1) or a reference under subrule (3),

the court may dismiss the appeal or make any other order it considers just,

where the appeal required leave and leave has not yet been granted, the court

or a justice may dismiss the appeal or make any other order that is considered

just.

Where the registrar considers that the appellant has failed to diligently pursue

the appeal or has failed to comply with these rules, he may refer the matter to the

court or a justice.

Where the registrar makes a reference under subrule (3),

he shall serve the appellant and respondent with 2 days' notice of the hearing

of the reference, and

the grounds in Rule 17 (3) (

a) and (

b) for not requiring service on an

unrepresented appellant apply.

Abandonment

An appellant may abandon an appeal by

signing and filing a notice in Form 11, or

informing the court in person or by counsel that he desires to abandon

it.

A signature in a notice under subrule (1) (

a) shall be witnessed.

Pre-hearing conference

At any time after the notice of appeal has been filed, the court or a justice

may direct a pre-hearing conference.

Where a direction is made under subrule (1), the parties or their counsel or

solicitors shall attend before a justice at the time and place directed to

consider

the reduction in the size of the appeal book or transcript,

the simplification or isolation of issues on the appeal,

the fixing of the time for hearing of the appeal,

the conduct of the hearing of the appeal, and

any other matter that might expedite the appeal.

After a pre-hearing conference, the justice who held it may make a direction on

any matter referred to in subrule (2) (

a) to (

e) and that direction shall govern the

conduct of the appeal unless the court or a justice otherwise orders.

Time limits

The court or a justice may extend or shorten the time within which the giving of

any notice or the doing of any act required by these rules may be done, notwithstanding

that the application for the extension or the order granting it is made after the expiry

of the time in respect of which the application to extend is made.

Applications to the court or a justice

A party who wishes to make an application to the court or a justice shall do so

on 2 clear days' notice to the other party to the appeal, unless the court or a justice

otherwise orders.

The applicant shall file a copy of the notice of appeal with his application

together with the material upon which he relies, verified by affidavit, unless the court

or a justice otherwise orders, and he shall serve all material, including the

affidavits, on the other party to the appeal.

Where an appellant is not represented by counsel, the court or a justice may

dispense with service of the material where

the appellant did not state any address for service on his notice of appeal,

the respondent establishes that the appellant's address for service was

fictitious.

Non-compliance with rules

A court or a justice may permit non-compliance with any rule subject to terms and

conditions that the court or a justice thinks fit.

Release from Custody

Procedure on release application

On an application for release under

section 679 of the Criminal Code , the appellant shall file an application

in Form 8 and the material referred to in subrule (2) and serve a copy

thereof on the prosecutor.

The application shall be accompanied by an affidavit verifying the facts on

which the appellant relies in support of his application including the

following:

a statement of all places where he has resided for the 3 year period preceding

the date that he was sentenced;

the place where he intends to reside if he is released;

the name of his employer and the place of his employment where he was employed

before being placed in custody;

his employment prospects if released;

the names and addresses of his relatives or other persons who may serve as

prospective sureties;

a statement of any criminal convictions during the 5 years preceding his

conviction on the offence from which he is appealing, specifying the offences and

sentences imposed.

The appellant may accompany his application with any other material that he

considers will be relevant to the application.

Unless a justice otherwise orders, submissions on an application under this

section by an appellant who is not represented by counsel shall be in

writing.

Upon the appellant complying with an order for release,

the registrar or other person authorized by the registrar, in a case where an

undertaking is ordered, or

a justice of the peace who took the recognizance, in any other

case,

shall issue a notice of release in Form 9 to the person having

custody of the appellant.

The release order, undertaking, recognizance and any money or valuable security

deposited under the recognizance shall be filed or deposited with the

registrar.

[am. B.C. Reg. 176/91, s. 7.]

Reviews under

section 680

On an application for a direction under

section 680 of the Criminal Code , the appellant

shall

complete Form 10,

submit all material that was before the judge or justice when he made the

order that the appellant seeks to have reviewed, and

submit a concise memorandum stating why there should be a review.

The registrar shall deliver a copy of the memorandum submitted under

subrule (1) (

c) to the prosecutor who may, within 5 days after receiving it, submit a

concise memorandum in response.

The chief justice shall, after considering the material before him, inform the

registrar of his decision.

Where a review is directed under

section 680 of the Criminal Code , the registrar shall advise the applicant

and the prosecutor of the time and place where the review hearing will be

heard.

[am. B.C. Reg. 176/91, ss. 8, 9.]

Repealed

Repealed. [B.C. Reg. 176/91, s. 10.]

Repealed

Repealed. [B.C. Reg. 176/91, s. 11.]

Form 1

[am. B.C. Reg. 176/91, s. 12.]

[Paragraph 3 (1) (

a) and subrule 5 (1)]

NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEAL

(Where notice is filed by a solicitor on behalf of the appellant)

Lower Court Registry Number:

..........................................

Lower Court Registry Location:

.........................................

COURT OF APPEAL

REGINA

Respondent

vs.

................................................................

Appellant

PARTICULARS OF CONVICTION

Place of conviction

.....................................................................................................................

Name of

Judge............................................................................................................................

Offence(

s) of which appellant

convicted.......................................................................................

...................................................................................................................................................

Section of Criminal Code or other Act under which

appellant convicted was...............................

........................................................... (State

here if appeal is under the Young Offenders Act .)

Plea at

trial...................................................................................................................................

Whether or not jury

trial..............................................................................................................

Length of

trial..............................................................................................................................

Sentence

imposed.......................................................................................................................

...................................................................................................................................................

Date of

conviction........................................................................................................................

Date of

sentence..........................................................................................................................

If appellant in custody, place of incarceration

...............................................................................

TAKE NOTICE that the appellant (strike out

inapplicable provisions) :

(

a) appeals against his conviction upon grounds involving question of law

alone.

(

b) applies for leave to appeal his conviction upon grounds involving a

question of fact alone or a question of mixed law and fact, and if leave be

granted hereby appeals against the conviction.

(

c) applies for leave to appeal against sentence, and if leave be granted

hereby appeals against the sentence.

The grounds for appeal are

.................................................................................................................

...........................................................................................................................................................

(Use additional separate sheet if necessary)

The relief sought

is...............................................................................................................................

The appellant's address for service

is....................................................................................................

...........................................................................................................................................................

Dated this ......... day of ..........................,

19.......

.........................................................

Solicitor on behalf of appellant

To the Registrar

Form 1A

[en. B.C. Reg. 176/91, s. 13.]

[Paragraph 3 (1) (

a) and subrule 5 (1)]

NOTICE OF APPEAL OR APPLICATION

FOR LEAVE TO APPEAL

Summary Conviction Appeal

Criminal Code Subsection 839 (1)

(Where notice is filed by a solicitor on behalf of the appellant)

Lower Court Registry Number:

.........................................

Lower Court Registry Location:

........................................

COURT OF APPEAL

REGINA

Respondent

vs.

...........................................

Appellant

PARTICULARS OF DECISION ON APPEAL

Place of conviction

.......................................................................................................................

Place of appeal to Supreme

Court...................................................................................................

Name of Judge — Trial (Provincial Court)

....................................................................................

— Appeal (Supreme

Court)...................................................................................

Offence(

s) of which the appellant was convicted at trial and with

respect to which the appellant's appeal to the Supreme Court was

dismissed

......................................................................................................................................................

Section(

s) of Criminal Code or other Act under which

the appellant was convicted

.......................................................................................................................................................

Plea at trial

....................................................................................................................................

Length of trial

................................................................................................................................

Length of appeal proceedings in Supreme Court

.............................................................................

Sentence imposed — Trial

..............................................................................................................

Sentence on appeal (if different)

....................................................................................................

Date of conviction at trial

..............................................................................................................

Date of Supreme Court decision

....................................................................................................

Date of sentence

...........................................................................................................................

If appellant in custody, place of incarceration

.................................................................................

TAKE NOTICE that the appellant applies for leave to

appeal the decision dismissing the

summary conviction appeal on grounds

involving a question of law alone, and if leave be granted, hereby appeals

against the said decision.

The grounds of appeal

are.......................................................................................................................

...............................................................................................................................................................

(Use additional separate sheet if necessary)

The relief sought

is..................................................................................................................................

The appellant's address for service

is.......................................................................................................

Dated this ......... day of ..........................,

19.......

......................................................

Solicitor on behalf of appellant

To the Registrar

Form 2

[am. B.C. Reg. 176/91, s. 14.]

[Paragraph 3 (1) (

b) and subrule 5 (1)]

NOTICE OF APPEAL OR APPLICATION

FOR LEAVE TO APPEAL

(Where appellant not represented by a solicitor)

Lower Court Registry Number:

.........................................

Lower Court Registry Location:

........................................

COURT OF APPEAL

To the Registrar:

Name of appellant

...........................................................................................................................

Place of trial

....................................................................................................................................

Name of

court 1 ...............................................................................................................................

Name of judge

................................................................................................................................

Was this a jury trial

.........................................................................................................................

Offence(

s) of which

convicted 2 .......................................................................................................

.......................................................................................................................................................

Plea at trial

.....................................................................................................................................

Sentence imposed

..........................................................................................................................

.......................................................................................................................................................

Date of conviction

..........................................................................................................................

Date of imposition of sentence

........................................................................................................

Name and address of place at which appellant is in

custody

or if not in custody, appellant's address

...........................................................................................

If in custody, address other than institution

......................................................................................

I, the above named appellant, hereby give you notice that I desire to

appeal to the Court of Appeal against

my 3

.......................................... on the grounds set out on page 3 of

this notice.

I desire to present my case and argument whether it be for leave to

appeal 4 or by way of appeal where

leave is not necessary 5 ,

(

a) in writing 6 .

(

b) in person.

If a new trial is ordered and you have a right to trial by jury do you

wish trial by jury? ..................................

Dated this ..... day of .........................., 19......

(Signed

) .................................................

Appellant

NOTES

(

a) If your appeal against conviction involves a question of law alone you

have a right of appeal.

(

b) If your appeal against conviction is upon any other ground than a

question of law, then you have no right of appeal unless leave to appeal is

first granted. Your notice of appeal includes an application for leave

to appeal where leave is necessary.

(

c) You have no right to appeal against sentence unless leave to appeal is

first granted by the Court of Appeal or a justice. Your notice of appeal

includes an application for leave to appeal.

Further take notice that if you appeal from sentence the Court of

Appeal may increase your sentence.

(

a) If your appeal is against conviction or sentence alone, or against

both conviction and sentence, this notice must be filed within 30 days

of the date of imposition of the sentence.

(

b) If this notice is filed beyond this time, then you must apply for an

extension of time by completing Form 7.

GROUNDS OF APPEAL

These must be filled in before notice is sent to the Registrar. The

appellant must here set out the grounds or reasons he alleges why his

conviction should be quashed or his sentence reduced. If one of the

grounds set out is "misdirection" by the judge, particulars of the alleged

misdirection must be set out in this notice.

..................................................................................................................................................................

(Use additional separate sheet if necessary)

Form 3

[am. B.C. Reg. 176/91, s. 15.]

[Paragraph 4 (1) (

a) and subrule 5 (1)]

NOTICE OF APPEAL OR APPLICATION

FOR LEAVE TO APPEAL

CROWN APPEALS AGAINST ACQUITTAL OR SENTENCE

Lower Court Registry Number:

..........................................

Lower Court Registry Location:

.........................................

COURT OF APPEAL

REGINA

Respondent

vs.

................................................................

Appellant

PARTICULARS OF ACQUITTAL OR SENTENCE

Place of acquittal or sentencing

......................................................................................................

Name of Judge

..............................................................................................................................

Offence(

s) of which appellant convicted or acquitted, as the case may

......................................................................................................................................................

Section of Criminal Code (Canada) or other Act under

which defendant was convicted or acquitted

........................................................................................................................................

( State here if appeal is under the Young Offenders Act, if

applicable )

Plea at trial

.......................................................................................................................................

Whether or not jury trial

....................................................................................................................

Length of trial

..................................................................................................................................

Sentence imposed

...........................................................................................................................

.........................................................................................................................................................

Date of conviction or acquittal

...........................................................................................................

Date of sentence

..............................................................................................................................

If defendant in custody, place of incarceration

...................................................................................

TAKE NOTICE that the appellant (strike out

inapplicable provisions) :

(

a) appeals against the acquittal of the respondent upon grounds

involving question of law alone.

(

b) applies for leave to appeal against sentence, and if leave be

granted hereby appeals against the sentence.

Criminal Code .)

The grounds for appeal are

.........................................................................................................................

...................................................................................................................................................................

(Use additional separate sheet if necessary)

The relief sought

is.......................................................................................................................................

The appellant's address for service

is............................................................................................................

...................................................................................................................................................................

Dated this ......... day of ..........................,

19.......

...........................................................

Solicitor on behalf of appellant

To the Registrar

Form 4

APPEAL BOOK

[am. B.C. Reg. 176/91, s. 16.]

[Rule 8]

Cover Page (coloured blue)

COURT OF APPEAL

ON APPEAL FROM: (State court or judge from whose order the

appeal is brought, together with the date that the order was

pronounced.)

(Style of Cause)

BETWEEN:

REGINA

(Respondent/Appellant)

AND:

................................................................

(Appellant/Respondent)

APPEAL BOOK

(Name of counsel for appellant)

............................................

Counsel

(Name of counsel for respondent)

............................................Counsel

Index to Appeal Book

INDEX

DESCRIPTION

DATE

PAGE

APPEAL BOOK

PART 1 — INFORMATION OR INDICTMENT

PART 2 — EXHIBITS AND AFFIDAVITS

(Each document forming an exhibit or part of an exhibit

with its description, date and number in the order in which it was

filed together with the page number of the transcript at which the

exhibit is first referred to in the evidence. Any exhibits or

affidavits that have been excluded under Rule 9 shall be

listed.)

PART 3 — ORDERS, JUDGMENTS AND NOTICE OF

APPEAL

(The order under appeal together with the reasons for

judgment and the name of the judge who delivered them followed by

the notice of appeal.)

TRANSCRIPT

PART 1 — EVIDENCE

(Each witness by name, stating whether for the Crown or

defendant, examination in chief, cross examination, re-examination

or as the case may be, giving the page.)

PART 2 — RULINGS, REASONS FOR JUDGMENT OR CHARGE TO THE

JURY

(Each ruling made by the trial judge and his reasons for

judgment or, where the trial was with a jury, his charge to the

jury.)

EXCLUDED EVIDENCE

(A statement of evidence excluded under Rule

9.)

Part 1 — Information or Indictment

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

(PART 1 - Information or Indictment: This Part shall

contain the contents of the information or indictment in the

proceedings from which the appeal is brought.)

Part 2 — Exhibits and Affidavits

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

(PART 2 - Exhibits and Affidavits: This Part shall contain

each document in the order that it was filed. Unless something turns

on the document itself, cheques, notes, bills and other similar

documents need not be reproduced so long as their effect is stated.

Documents having common characteristics shall be arranged in

separate groups in order of their dates, and exhibits and affidavits

to be reproduced in facsimile may, if numerous or of a special size,

be grouped together.

Where evidence from the matter under appeal consisted of affidavit evidence, all affidavits shall be reproduced in this Part.)

Part 3 — Orders, Judgments and Notice of Appeal

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

(PART 3 - Orders, Judgments and Notice of Appeal: This

Part shall contain the order under appeal with the name of the judge

who gave it. The surname of a judge shall be followed by the

initials "J." for a judge of the Supreme Court and "P.C.J." for a

judge of the Provincial Court. Where no transcript is filed, this

Part shall contain each ruling of the trial judge or, where the

trial was with a jury, the judge's charge to the jury. The Notice of

Appeal shall be included at the end of this Part.)

Form 5

TRANSCRIPT

[Rule 8]

Cover Page (coloured red)

COURT OF APPEAL

ON APPEAL FROM: (State court or judge from whose order the

appeal is brought, together with the date that the order was

pronounced.)

(Style of Cause)

BETWEEN:

REGINA

(Respondent/Appellant)

AND:

................................................................

(Appellant/Respondent)

TRANSCRIPT

(Name of counsel for appellant)

............................................

Counsel

(Name of counsel for respondent)

............................................

Counsel

Index to Transcript

INDEX

DESCRIPTION

DATE

PAGE

TRANSCRIPT

PART 1 — EVIDENCE

(Each witness by name, stating whether for the Crown or

defendant, examination in chief, cross examination, re-examination

or as the case may be, giving the page.)

PART 2 – RULINGS, REASONS FOR JUDGMENT OR CHARGE TO THE

JURY

(Each ruling made by the trial judge and his reasons for

judgment or, where the trial was with a jury, his charge to the

jury.)

EXCLUDED EVIDENCE

(A statement of evidence excluded under Rule

Part 1 — Evidence

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

(Part 1 - Evidence: This Part shall contain a transcription

of the evidence stating the name of the witness, the party on whose

behalf the witness was tendered and, on each page, whether the

evidence was during examination in chief, cross examination in

chief, cross examination, re-examination or as the case may be. Each

question shall be preceded by the letter "Q" at the beginning of the

question and the answer shall be preceded by the letter "A" at the

beginning of the answer. Each page of the transcript shall have 47

lines and each line shall be consecutively numbered in the left

margin.)

Part 2 — Rulings, Reasons for Judgment or Charge to the

Jury

Part 2 — Rulings, Reasons for Judgment or Charge to the

Jury

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

(PART 2 - Rulings, Reasons for Judgment or Charge to the

Jury: This Part shall contain each ruling made by the trial judge as

well as his reasons for judgment or, where the trial was with a

jury, his charge to the jury.)

Form 6

FACTUM

[am. B.C. Reg. 176/91, s. 17.]

[Rule 10]

Cover Page

(Coloured buff for appellant's factum.

Coloured green for respondent's factum.)

Court of Appeal

...................................

File Number:

........................................

...............................................Registry

COURT OF APPEAL

ON APPEAL FROM: (State court or judge from whose order the

appeal is brought, together with the date that the order was

pronounced.)

(Style of Cause)

BETWEEN:

REGINA

(Respondent/Appellant)

AND:

................................................................

(Appellant/Respondent)

APPELLANT'S (RESPONDENT'

S) FACTUM

(Name of counsel for appellant)

.........................................................

Counsel

(Name of counsel for respondent)

........................................................

Counsel

INDEX

(The index is printed on the right side of the factum. All pages in the remainder

of the factum are printed on the left. Pages should be numbered consecutively beginning

at the first page of

Part 1. The factum shall be double spaced, except for excerpts from

an authority or a reproduction of an enactment, which shall be single spaced.)

INDEX

PART

PAGE

PART 1 STATEMENT OF FACTS

(State page where applicable Part

begins.)

PART 2

ERRORS IN JUDGMENT (Appellant's factum) ISSUE(

S) ON APPEAL (Respondent's factum)

PART 3 ARGUMENT

PART 4 NATURE OF ORDER SOUGHT

APPENDICES (if any)

LIST OF AUTHORITIES

Part 1

(In Parts 1 to 4, the left margin shall have printed numbers that correspond

to the appropriate line of that page.)

Part 1 — Statements of Facts

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

(In the appellant's factum, this Part shall consist of a

concise statement of the course of the proceedings and the facts of

the case. Each paragraph of this Part shall be consecutively

numbered.

In the respondent's factum, this Part shall consist of the

respondent's position with respect to the appellant's statement of

facts together with a concise statement of any other facts that the

respondent considers relevant.

In each factum, the source relied on for a statement of

fact (e.g. testimony and exhibit or the reasons for judgment) should

be identified by referring to the page and lines of the appeal book

or transcript.)

Part 2

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

ERRORS IN JUDGMENT (Appellant's factum)

(or)

ISSUE(

S) ON APPEAL (Respondent's factum)

(In the appellant's factum, this Part shall consist of a

concise statement that sets out clearly and particularly in what

respect the charge to the jury or the judgment or order appealed

from is alleged to be in error.

In the respondent's factum, this Part shall consist of a

statement of the respondent's position in regard to the points put

in issue in the appellant's factum and of any other points that the

respondent may properly put in issue.)

Part 3

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

ARGUMENT

(In each factum, this Part shall consist of a concise

outline of the argument setting out the points of law or fact to be

discussed, with a particular reference to the page and lines of the

appeal book or transcript and the authorities in support of each

point.

Where an enactment is cited or relied on, it may be

briefly reproduced in this Part, but it shall be

reproduced

(

a) as an appendix to the factum, or

(

b) as a separate volume having covers the same colour as

the appropriate factum and be filed at the same time as that

factum.)

Part 4

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

NATURE OF ORDER SOUGHT

(This Part shall consist of a concise statement of the

nature of the order that the party preparing the factum desires the

court to make)

List of Authorities

LIST OF AUTHORITIES PAGE(S)

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19

20 21 22 23 24 25

26 27 28 29 30 31

32 33 34 35 36 37

38 39 40 41 42 43

44 45 46 47

(Following any appendices, there shall be listed in

alphabetical order all authorities that are referred to in the

factum. After each authority the page or pages in the factum at

which the authority is referred to shall be cited. All citations of

an authority that are known by counsel shall be given and, when an

authority is a decision of the Supreme Court of Canada, the Supreme

Court Reports' citation shall be given first)

Form 7

[am. B.C. Reg. 176/91, s. 18.]

[Subrule 3 (2) and 3 (3)]

NOTICE OF APPLICATION FOR EXTENSION OF TIME TO

APPEAL

COURT OF APPEAL

REGINA

Respondent

vs.

................................................................

Appellant

IN THE MATTER OF

..........................................................................................................( Name )

convicted at

................................................. (Place where

convicted) before................................... (Judge)

.............................................................................................................................................( Offence )

on the ................................... day of

.............................................................., 19.... and

sentenced to

........................................................................ (Length

or description of sentence) on the ................ day of

.................................., 19....

TAKE NOTICE that an application will be made on behalf of the above

named

.................................................................................

to this Court, or a Judge thereof, at such time and place as the Registrar may

direct, for an extension of time within which ("an appeal may be brought" or "an

application for leave to appeal may be made"), upon the following

grounds:

.............................................................................................................................................................

............................................................................................................................................................

.............................................................................................................................................................

..............................................................................................................................................................

Dated at

.......................................................................................................

this .................... day of ..................................,

19.....

................................................................

(Signature of appellant or his solicitor)

...............................................................

(Print name of appellant or solicitor)

...............................................................

(Name and address for service of solicitor,

or, if no solicitor, an address, not being a

prison, where documents may be served on

the appellant if he is not in custody)

To the Registrar of the Court at

.............................................................................................................

Form 8

[am. B.C. Reg. 176/91, s. 19.]

[Subrule 19 (1)]

NOTICE OF APPLICATION FOR RELEASE FROM CUSTODY PENDING DETERMINATION

OF APPEAL AND ORDER FOR RELEASE

COURT OF APPEAL

REGINA

Respondent

vs.

................................................................

Appellant

TAKE NOTICE that an application will be made on

..................( day ) at

...........................................to a Justice of the Court for an

order that the appellant be released from custody pending the determination of

his appeal against his conviction at

.......................................................... (location)

by .............................................( Judge ) of

................................................ (Offence) on

the ..................... day of ................................, 19....

against the sentence of

.......................................................................................................... (sentence)

imposed on him at

.................................................. (location)

by..............................................( Judge ) on the

................................. day of

...................................................... after conviction of the

appellant of

.......................................................( Offence )

Dated at

.............................................................................

this .............. day of ..............................,

19....

................................................................

(Signature of appellant or his solicitor)

...............................................................

(Print name of appellant or solicitor)

...............................................................

(Name and address for service of solicitor,

or, if no solicitor, an address, not being a

prison, where documents may be served on

the appellant if he is not in custody)

To the Registrar of the Court

at.............................................................................................................

(this order to be completed by the registrar)

COURT OF APPEAL

REGINA

Respondent

vs.

................................................................

Appellant

BEFORE THE HONOURABLE MR.

JUSTICE..............................

The ...... day of .................., 19.... .

IT IS ORDERED that the appellant, unless he is detained

for some cause other than the said sentence, be released from custody pending

the determination of his appeal as aforesaid upon the appellant giving an

undertaking or entering into a recognizance

......................................................................................................................................................................

("without sureties" or "with sureties")

in the sum of $............

.................................................................................................................................

("without any conditions" / "with conditions set out in the

attached")

before

......................................................

(Justice)

......................................................................................................................................................................

("without depositing any money or other valuable security" or "upon

depositing")

with

..................................................................................

(Justice)

CONDITIONS OF RECOGNIZANCE

(

a) The appellant will report at

......................................................................( State

time and place ) to

............................................................( State name

of peace officer or other person designated )

(

b) The appellant will remain within the

......................................................................................................................................................................................... (Designated

territorial jurisdiction)

(

c) The appellant will notify

....................................................................( Name

of peace officer or other designated person ) of any change in his

address, employment or occupation.

(

d) The appellant will abstain from communicating with

.................................................................................................................................................................................................................................

.......................................................................................................................................................

(

e) The appellant will deposit his passport with

...................................................................................

.......................................................................................................................................................

(

f) The appellant shall promptly order and pay for a transcript of the

proceedings at trial or, in the event that a Court Reporter was not present,

attempt to obtain a copy of the Judge's notes, or depositions of the witnesses,

as the case may be.

(

g) The appellant shall surrender himself into custody on

.......................................................................

APPROVED AS TO FORM

...................................................

Prosecutor

Form 9

[en. B.C. Reg. 176/91, s. 20.]

[Subrule 19 (5)]

NOTICE TO RELEASE APPELLANT PENDING DETERMINATION OF

APPEAL

COURT OF APPEAL

REGINA

Respondent

vs.

................................................................

Appellant

TAKE NOTICE that the appellant, who was convicted at

.................................................... (location)

.........................................................( title of

Judge )

............................................................( name of

Judge ) of

..............................................................( offence )

on the .............. day of.........., 19... and who was sentenced to

............................................................( sentence ),

having complied with the order of the Honourable (Mr./Madam)

Justice.................................................... of the Court of

Appeal made on the ............................................... day of

.............................., 19.... pursuant to

section 679 of the

Criminal Code , has now the right to be released from custody (unless

the appellant is detained for some cause other than the said sentence) pending

determination of the appellant's appeal against the said conviction and

sentence or both.

Dated at

.....................................................................

this ........... day of ..........................,

19....

.............................................................

Registrar/Justice

.............................................................. (Insert

name of person having custody of the appellant)

Form 10

[en. B.C. Reg. 176/91, s. 20.]

[Subrule 20 (1)]

COURT OF APPEAL

Criminal Code

Section 680 REGINA

Respondent

vs.

................................................................

Appellant

To the Honourable the Chief justice of British Columbia:

I hereby request under

section 680 of the Criminal

Code that you direct a review by the Court of the decision of the

honourable (Mr./Madam) Justice

................................................................. made on the

..................... day of ........................, 19..... .

Dated at

...................................................................

this ............ day of ......................, 19.....

...............................................................

(Signature of appellant or solicitor)

...............................................................

(Print name of appellant or solicitor)

...............................................................

(Name and address for service of solicitor,

or, if no solicitor, an address, not being a

prison, where documents may be served on

the appellant if he is not in custody)

To the Registrar

Form 11

[en. B.C. Reg. 176/91, s. 20.]

[Paragraph 14 (1) (a)]

COURT OF APPEAL

NOTICE OF ABANDONMENT OF APPEAL

Court of Appeal File

Number:................................

REGINA

Respondent

vs.

................................................................

Appellant

I hereby give notice that I

...............................................................abandon this

appeal for:

Conviction appeal

Sentence appeal

Other

( Specify nature of appeal )

Dated at .....................................................,

British Columbia,

this ........ day of ............................, 19......

...............................................................

(Signature of appellant or solicitor)

...............................................................

(Print name of appellant or solicitor)

Where signed by the appellant, this notice was signed in the

presence of:

........................................................

Witness

.......................................................

( Print name of witness )

To the Respondent

To the Registrar

Footnotes to Form 2

Provincial Court, Supreme Court

e.g. theft, forgery ( State here if appeal is under the Young

Offenders Act . )

If the appellant wishes to appeal against conviction, he must write the word

"conviction". If he wishes to appeal against sentence, he must write the word "sentence". If

he wishes to appeal against both conviction and sentence he must write the words

"conviction and sentence". If an appellant convicted of more than one offence wishes to

appeal against only some of the convictions or sentences, he must state clearly the

convictions or sentences against which he wishes to appeal.

See Note 1 below form.

Stroke out (

a) or (b).

If you desire to submit your case and argument in writing you may serve your written

argument within 14 days after receipt by you of the report of the trial judge.

This notice must be signed by the appellant. If he cannot write he must affix his

mark in the presence of witnesses. The name and address of each attesting witness must be

given.

[Provisions of the Criminal Code (Canada), R.S.C. 1985, c. C-46, relevant to the

enactment of these rules:

section 482]

Document details

Collection	British Columbia — Consolidated Statutes
Citation	statreg 145 86
Type	statute
Volume / chapter	statreg 145 86
Language	en
Format	xml
Source	PROVINCIAL
Identifier	39e4b2ab708780dad7f6eae333c0de6ce466aa76

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