The Court of Appeal Criminal Appeal Rules (Saskatchewan)
Return to footnote aS.C. 2002, c. 13, s. 17
Return to footnote bS.C. 2002, c. 13, s. 18
Return to footnote cR.S., c. C-46
Regina, Saskatchewan, November 25, 2010
COURT OF APPEAL FOR SASKATCHEWAN
PART ITitle and Interpretation
1 These rules may be cited as The Court of Appeal Criminal Appeal Rules (Saskatchewan).
appellant means the person who brings an appeal; (appelant)
- chief justice
chief justice means the chief justice as defined in The Court of Appeal Act, 2000; (juge en chef)
Code means the Criminal Code (Canada); (Code)
court means the Court of Appeal for Saskatchewan; (Cour)
file means to file with the registrar; (déposer)
judge means a judge as defined in The Court of Appeal Act, 2000; (juge)
- Notice of Appeal
Notice of Appeal means the document that commences an appeal; (avis d’appel)
offender means a person convicted of an offence; (contrevenant)
registrar means the registrar as defined in The Court of Appeal Act, 2000; (registraire)
represented means represented by counsel; (version anglaise seulement)
respondent means the person against whom the appeal has been brought. (intimé)
(2) The definitions in sections 2 and 673 of the Code apply to these rules.
PART IIPreliminary Matters
3 The purpose of these rules is to provide for the orderly and expeditious administration of justice in the court.
Marginal note:Application and scope
4 These rules apply to:
(a) any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of the court and instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal, in accordance with subsection 482(1) and section 482.1 of the Code; and
(b) any appeal from conviction, acquittal, sentence or other order made pursuant to summary conviction proceedings, within the jurisdiction of the court, taken pursuant to The Summary Offences Procedure Act, 1990.
Marginal note:Application of civil rules
5 Except where otherwise provided in the Code, a statute or these rules, The Court of Appeal Rules pertaining to the practice and procedure for civil matters, as amended from time to time, apply, where appropriate and with any necessary modification.
Marginal note:Practice directives
6 The court may issue practice directives on any matter to which these rules apply.
Marginal note:Relief against strict compliance
7 (1) Where it is in the interests of the proper administration of justice to do so, the court or a judge may waive compliance or relieve against non-compliance with these rules and direct the procedure to be followed.
(2) The court or a judge may enlarge or abridge the time periods fixed by these rules or by order on such terms as the case may require, and the order enlarging or abridging the time may be made before or after the fixed period has expired.
PART IIICommencing an Appeal and Counsel of Record
Marginal note:Commencing an appeal
(2) If the Attorney General wishes to appeal, the Attorney General shall commence the appeal by filing a Notice of Appeal within 30 days after the date of acquittal or the date of the imposition of sentence.
(3) For greater certainty, if an offender appeals from conviction, or conviction and sentence, including an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code:
Marginal note:Form A: Where offender is appellant
(2) The senior official of every penal institution shall, on request, supply to any inmate in that penal institution a copy of the Notice of Appeal in Form A for the inmate’s use.
(3) If an offender is self-represented when he or she submits a Notice of Appeal and subsequently retains counsel, the counsel may amend the Notice of Appeal or file a new Notice of Appeal at any time before the offender’s factum is filed by filing the amended Notice of Appeal or the new Notice of Appeal.
Marginal note:Form B: Where Attorney General is appellant
10 The Notice of Appeal in Form B is for all appeals commenced by the Attorney General.
Marginal note:Counsel of record
(2) Until an appeal is set down for hearing, a counsel may withdraw by filing a notice in Form C, with proof of service in any manner permitted by Part Three of The Queen’s Bench Rules, of his or her intention to cease acting for the offender.
(3) After an appeal is set down for hearing, a counsel who wishes to withdraw shall apply to the court on three days’ notice for an order permitting the counsel to withdraw.
(4) On and after the expiry of 10 days from the date of filing of the notice in Form C or from the date of any court order obtained pursuant to subrule (3), no documents respecting the appeal are to be served on the counsel who has withdrawn pursuant to the notice, and service on that counsel is no longer deemed to be service on the offender.
PART IVRequisitioning Court File and Ordering Transcripts
Marginal note:Obligation to order transcript
12 On the filing of a Notice of Appeal, the registrar shall:
(a) requisition the court file pertaining to the appeal from the court that heard the matter; and
(b) if, in the opinion of the registrar, based on the nature of the proceedings, a transcript is necessary, order a transcript of the proceedings or a part thereof.
PART VFactums: Requirement, Periods for Filing and Content
Marginal note:When factum required and number of copies
(2) If an appellant or respondent files a factum, he or she shall file four copies (being the original, which is unbound and un-perforated, and three copies), or more as the registrar may require.
Marginal note:No factum required from self-represented person
14 No factum is required from a self-represented person, but that person may, at any time before the hearing of the appeal, file a written argument setting out the reasons why the decision appealed from should be set aside.
Marginal note:No factum required from Attorney General
15 No factum is required from the Attorney General if the appellant is self-represented and appeals from a sentence alone, other than with respect to an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code.
Marginal note:Factum length
16 Unless otherwise ordered by a judge, a factum shall not exceed 40 pages, excluding the table of contents, index and appendices required by these rules.
Marginal note:Periods for filing factums for sentence appeals
17 If the appeal is from a sentence alone, other than an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code:
- Date modified: