The Court of Appeal Criminal Appeal Rules (Saskatchewan) (SI/2011-9)

Regulations are current to 2017-11-20 and last amended on 2010-12-15. Previous Versions

Marginal note:Periods for filing factums in summary conviction matters

 If the appeal is filed pursuant to section 839 of the Code (summary conviction matters):

  • (a) the appellant shall file the appellant’s factum within 30 days after the filing of the Notice of Appeal; and

  • (b) the respondent shall file the respondent’s factum within 30 days after receipt of the appellant’s factum.

Marginal note:Periods for filing factums for all other appeals

 For all other appeals, including appeals from conviction pursuant to section 675 of the Code, from acquittal pursuant to section 676 of the Code and from decisions made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code and for appeals that involve both a summary conviction and an indictable matter:

  • (a) the appellant shall file the appellant’s factum within 60 days after receipt of the transcript; and

  • (b) the respondent shall file the respondent’s factum within 30 days after receipt of the appellant’s factum.

Marginal note:Basic content for all factums
  •  (1) Except where otherwise ordered by a judge, a factum shall consist of the following seven parts:

    • Part I Introduction: The appellant and respondent shall each briefly summarize the context for the appeal.

    • Part II Jurisdiction and Standard of Review: The appellant shall state the source of the right of appeal, the basis for the jurisdiction of the court to determine the appeal and the applicable standard of appellate review. The respondent shall state its position with respect to the same matters.

    • Part III Summary of Facts: The appellant shall concisely state the facts. The respondent shall state its position taken with respect to the appellant’s statement of facts and any facts it considers relevant.

    • Part IV Points in Issue: The appellant shall concisely state the points in issue in the appeal. The respondent shall state its position in regard to the appellant’s points that the respondent wishes to put in issue. If a respondent intends to contend that the judgment should be upheld, whether in whole or in part, for reasons not found in the judgment and not raised in the appellant’s factum, it shall state that intention.

    • Part V Argument: This part shall contain a statement of the argument, setting out concisely the points of law or fact to be argued and the basis for the argument, with a particular reference to the page and line of the transcript and the authorities relied on in support of each point.

    • Part VI Relief: This part shall state the precise order the appellant or respondent desires the court to make.

    • Part VII Authorities: This part shall contain a table of authorities that the appellant or respondent has referred to, arranged alphabetically and citing the Supreme Court Reports where possible. Appellants or respondents citing decisions from electronic databases in factums must also provide the citation from traditional print sources.

  • (2) Each paragraph in Parts I to VI inclusive shall be numbered consecutively.

Marginal note:Appendices required for appellant’s factum
  •  (1) Subject to subrule (2), in all appeals other than appeals brought pursuant to section 839 of the Code, the appellant’s factum shall contain copies of the following as appendices:

    • (a) the Notice of Appeal;

    • (b) the information or indictment and certificate of conviction or youth sentence order, as the case may be;

    • (c) the written reasons of the judge appealed from, if not contained in the transcript;

    • (d) any paper exhibits on which counsel intends to rely.

  • (2) If the appellant is self-represented:

    • (a) subrule (1) does not apply; and

    • (b) the respondent’s factum shall contain as appendices copies of the documents referred to in subrule (1).

Marginal note:Appendices to appellant’s factum for appeals from summary conviction matters only
  •  (1) Subject to subrule (2), in appeals brought pursuant to section 839 of the Code, the appellant’s factum shall contain copies of the following as appendices:

    • (a) the Notice of Appeal filed in the Court of Queen’s Bench pursuant to section 813 or 830 of the Code;

    • (b) the transcript of the proceedings in the Provincial Court of Saskatchewan, if a ground of appeal is that the verdict is unreasonable or not supported by the evidence;

    • (c) if clause (b) does not apply, the parts of the transcript that are considered relevant to the appeal;

    • (d) the written reasons of the provincial court judge appealed from if not contained in the transcript;

    • (e) the information and certificate of conviction or youth sentence order, as the case may be;

    • (f) the Notice of Appeal;

    • (g) the written reasons of the Court of Queen’s Bench judge appealed from, or a transcript of the proceedings in the Court of Queen’s Bench, if there are no written reasons;

    • (h) any paper exhibits on which counsel intends to rely.

  • (2) If the appellant is self-represented:

    • (a) subrule (1) does not apply; and

    • (b) the respondent’s factum shall contain as appendices copies of the documents referred to in subrule (1).

Marginal note:Form of factum
  •  (1) The colour of the cover of the appellant’s factum shall be buff and the respondent’s green.

  • (2) A factum shall set out on its cover the court number, the style of cause and whether it is the factum of the appellant or respondent, and if there is more than one appellant or respondent, the name of the appellant or respondent shall also be given.

  • (3) A factum shall be printed:

    • (a) subject to subrule (4), on one side of the paper only with the printed pages facing up on the left;

    • (b) in 12-point type;

    • (c) with at least one and one-half line spacing, except for quotations from authorities, which shall be indented and single-spaced; and

    • (d) with margins of no less than 3.0 centimetres or one and one-half inches.

  • (4) All appendices to a factum shall be printed on both sides of the paper.

  • (5) The factum shall include a table of contents after which all pages shall be numbered consecutively and shall be bound in the sequence outlined in Rule 20 (Basic content for all factums).

  • (6) The counsel responsible for the preparation of a factum shall sign the factum.

PART VIService of All Documents

Marginal note:Proof of service required from Attorney General

 The Attorney General shall file proof of service of any document filed.

Marginal note:Service by the Attorney General

 The Attorney General shall serve an appellant or respondent personally unless:

  • (a) the appellant or respondent is represented, in which case service may be effected in any manner permitted by Part Three of The Queen’s Bench Rules; or

  • (b) an order is obtained from the court or a judge pursuant to section 678.1 of the Code.

Marginal note:Proof of service

 The Attorney General may prove service by filing a Certificate of Service in Form D.

Marginal note:Deemed service on the Attorney General by filing with the registrar

 On receipt of a document for filing from an appellant or respondent, other than the Attorney General acting as an appellant or respondent:

  • (a) the registrar shall immediately forward the document to the Attorney General by electronic or other means; and

  • (b) no further service on the Attorney General or proof of service is required.

PART VIIScheduling Appeals

Marginal note:Registrar’s authority to fix hearing dates

 Subject to the direction of the chief justice or a judge, the registrar may fix the date and time for hearing of an appeal:

  • (a) on receipt of the transcript by the registrar, if:

    • (i) the appeal is from sentence alone; or

    • (ii) the offender is self-represented; or

  • (b) on receipt of the appellant’s factum for all other appeals, including appeals from conviction pursuant to section 675 of the Code, from acquittal pursuant to section 676 of the Code and from decisions made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code and for appeals that involve both a summary conviction and an indictable matter.

 
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