British Columbia Court of Appeal Criminal Appeal Rules, 1986

Title

Interpretation

Application of Court Rules and Practice Directives

Part I · Commencement of Appeals

Part II · Appeal Book and Transcript — Appeals other than Sentence Appeals

Part III · Sentence Appeals

Part IV · Other Pre-hearing Matters

Part V · Release from Custody

(Where notice is filed by a solicitor on behalf of the appellant)LOWER COURT REGISTRY NUMBER: LOWER COURT REGISTRY LOCATION: COURT OF APPEALReginaRespondentvs.AppellantParticulars of Conviction1 Place of conviction 2 Name of Judge 3 Offence(s) of which appellant convicted 4 Section of Criminal Code or other Act under which appellant convicted was (State here if appeal is under the Young Offenders Act.)5 Plea at trial 6 Whether or not jury trial 7 Length of trial 8 Sentence imposed 9 Date of conviction 10 Date of sentence 11 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 19Solicitor on behalf of appellantTo the Registrar

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 APPEALReginaRespondentvs.AppellantParticulars of Decision on Appeal1 Place of conviction Place of appeal to Supreme Court 2 Name of Judge — Trial (Provincial Court) — Appeal (Supreme Court) 3 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 4 Section(s) of Criminal Code or other Act under which the appellant was convicted 5 Plea at trial 6 Length of trial Length of appeal proceedings in Supreme Court 7 Sentence imposed — Trial Sentence on appeal (if different) 8 Date of conviction at trial Date of Supreme Court decision 9 Date of sentence 10 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 an 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 appellantTo the Registrar

(Where appellant not represented by a solicitor)LOWER COURT REGISTRY NUMBER: LOWER COURT REGISTRY LOCATION: COURT OF APPEALTo the Registrar:Name of appellant Place of trial Name of courtName of judge Was this a jury trial Offence(s) of which convictedPlea 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 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 or by way of appeal where leave is not necessary,(a) in writing.(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^{notenotenotenotenotenotenote}Notes1 (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.2 Further take notice that if you appeal from sentence the Court of Appeal may increase your sentence.3 (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 AppealThese 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)

LOWER COURT REGISTRY NUMBER: LOWER COURT REGISTRY LOCATION: COURT OF APPEALReginaRespondentvs.AppellantParticulars of Acquittal or Sentence1 Place of acquittal or sentencing 2 Name of Judge 3 Offence(s) of which defendant convicted or acquitted, as the case may be 4 Section of Criminal Code or other Act under which defendant was convicted or acquitted. (State here if appeal is under Young Offenders Act, if applicable.)5 Plea at trial 6 Whether or not jury trial 7 Length of trial 8 Sentence imposed 9 Date of conviction or acquittal 10 Date of sentence 11 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;(c) (other — e.g. appeals under subsection 676(3) or (4) of the Criminal Code).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 19Solicitor on behalf of appellantTo the Registrar

Cover Page (Coloured Blue)Court of AppealON 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)CounselIndex to Appeal BookINDEXDESCRIPTION | DATE | PAGE | Appeal BookPART 1 - INFORMATION OR INDICTMENTPART 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.)TranscriptPART 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 Indictment1 | Part 1 - Information or Indictment(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.) | 234567891011121314151617181920212223242526272829303132333435363738394041424344454647Part 2 - Exhibits and Affidavits1 | Part 2 - Exhibits and Affidavits(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.) | 234567891011121314151617181920212223242526272829303132333435363738394041424344454647Part 3 - Orders, Judgments and Notice of Appeal1 | Part 3 - Orders, Judgments and Notice of Appeal(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.) | 234567891011121314151617181920212223242526272829303132333435363738394041424344454647

Cover Page (coloured red)Court of AppealON 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)CounselIndex to TranscriptINDEXDESCRIPTION | DATE | PAGE | TranscriptPART 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 - Evidence1 | Part 1 - Evidence(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, 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.) | 234567891011121314151617181920212223242526272829303132333435363738394041424344454647Part 2 - Rulings, Reasons for Judgment or Charge to the Jury1 | Part 2 - Rulings, Reasons for Judgment or Charge to the Jury(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.) | 234567891011121314151617181920212223242526272829303132333435363738394041424344454647

(Coloured buff for appellant’s factum. Coloured green for respondent’s factum.)Court of Appeal File Number: RegistryCourt of AppealON 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(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.)INDEXPART | PAGEPART 1STATEMENT OF FACTSPART 2ERRORS IN JUDGMENT (Appellant’s factum)ISSUE(S) ON APPEAL (Respondent’s factum)PART 3ARGUMENTPART 4NATURE OF ORDER SOUGHTAPPENDICES (if any)LIST OF AUTHORITIES | (State page where applicable Part begins.)In Parts 1 to 4, the left margin shall have printed numbers that correspond to the appropriate line of that page.)1 | Part 1 - Statement of Facts(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 course 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.) | 2345678910111213141516171819202122232425262728293031323334353637383940414243444546471 | PART 2Errors 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.) | 2345678910111213141516171819202122232425262728293031323334353637383940414243444546471 | PART 3Argument(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.) | 2345678910111213141516171819202122232425262728293031323334353637383940414243444546471 | PART 4Nature 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.) | 2345678910111213141516171819202122232425262728293031323334353637383940414243444546471 | List of Authorities(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.) | PAGE(S)234567891011121314151617181920212223242526272829303132333435363738394041424344454647

ReginaRespondentvs.AppellantIN THE MATTER OF(Name) convicted at (Place where convicted) before (Judge) of (Offence) on the day of 19 and sentenced to (Length or description of sentence) on the day of 19TAKE 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

ReginaRespondentvs.AppellantTAKE 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 19Oragainst 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(sentence)(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 APPEALReginaRespondentvs., AppellantBEFORE THE HONOURABLE MR. JUSTICE }The day of , 19IT 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” or “with the conditions that follow”)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 FORMProsecutor

ReginaRespondentvs.AppellantTAKE NOTICE that the appellant, who was convicted at (location) by (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 19Registrar/JusticeTo(insert name of person having custody of the appellant)

Criminal Code Section 680ReginaRespondentvs.AppellantTo 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

Court of Appeal File No. ReginaRespondentvs.AppellantI 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 RespondentTo the Registrar