Criminal Appeal Rules

The Court of Appeal for Ontario, pursuant to subsections 482(1) and (3) of the Criminal Code, with the concurrence of a majority of judges of that Court present for a meeting held for the purpose on May 7, 1993, hereby revokes the Ontario Court of Appeal Rules Respecting Criminal Matters — Part II, made on September 4, 1985, SI/85-205, Canada Gazette, Part II, and makes the annexed Court of Appeal for Ontario Criminal Appeal Rules, effective September 1, 1993.^notenote

Interpretation and Definitions

Application of Civil Rules

Notice of Appeal

Time for Service of Notice of Appeal

Manner of Service of Notice of Appeal

Order Without Attendance of Counsel

Extension or Abridgement of Time

Transcripts

Dismissal for Failure to Comply with Rule 8

Processing Appeals

Original Papers and Exhibits

Processing of Appeal where Legal Aid Refused

Trial Judge’s Report

Appeal Books

Appeal Book for Unrepresented Appellant

Factums

Sentence Appeals

Perfecting the Appeal

Motion for Directions

Failure to Perfect Appeal

Listing Appeals

Books of Authorities

Intervention

Appeals in Writing - (Non-inmate)

Inmate Appeals - Notice of Appeal and Appeal Books

Inmate Appeals - Extension of Time

Inmate Appeals - Presence of Appellant

Inmate Appeals - Appeals in Writing

Reasons for Judgment

Abandonment of Appeals

Release from Custody Pending Appeal - Sentence Appeal

Release from Custody Pending Appeal - Contents of Affidavit

Conditions of Release

Variation of Bail

Definition of Justice

Post Sentence Report

Notice

Appeals UNDER PART XX.1 - MENTAL DISORDER — Definitions and Application

Notice of Appeal

Transcripts

Appeal Books

Factums

Perfecting the Appeal

Failure to Perfect Appeal

Interim Orders Respecting Disposition and Placement Decisions

Procedure where Appellant Unrepresented

Combined Appeal

Transitional

Commencement and Revocation

NOTICE OF APPEAL FOR INMATE APPEALCOURT OF APPEAL FOR ONTARIOTo: The RegistrarName of appellantPlace of trialName of court1Name of judgeOffence(s) of which convicted2Plea at trialSentence imposedDate of convictionDate of imposition of sentenceName and address of place at which appellant is in custodyI, the above named appellant, hereby give notice that I desire to appeal to the Court of Appeal against my3on the grounds hereinafter set forth in this notice.I desire to present my case and argument, whether it be for leave to appeal4 or by way of appeal where leave is not necessary5,(a)in person; or(b)in writing6.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 , 19Signed7AppelantNumbered instructions set out below refer to corresponding numbers on notice.INSTRUCTIONS1. Ontario Court (General Division) or Ontario Court (Provincial Division).2. E.g. theft, forgery3. If you wish to appeal against conviction, you must write the word “conviction”. If you wish to appeal against sentence, you must write the word “sentence”. If you wish to appeal both conviction and sentence, you must write the words “conviction and sentence”. If you are convicted of more than one offence and wish to appeal against some only of the convictions or sentences, you must state clearly the convictions or sentences against which you wish to appeal.4. See item #1 in the Notes set out below.5. Stroke out either (a) or (b).6. If you desire to submit your case and argument in writing you may deliver your written argument with this notice of appeal or you may deliver your written argument within fourteen days after receipt by you of the report of the trial judge which will be sent to you later.7. This notice must be signed by the appellant. If the appellant cannot read or write he or she must affix his or her mark in the presence of a witness. The name and address of the witness must be given.NOTES1. (1) If your appeal against conviction involves a question of law alone you have a right of appeal.(2)If your appeal against conviction is upon any ground other than a question of law then you have no right of appeal unless leave is granted by the Court of Appeal.(3)You have no right of appeal against sentence unless leave to appeal is granted by the Court of Appeal and your notice of appeal includes an application for leave to appeal.2. (1) Whether your appeal is from conviction, sentence or both, this notice must be served within thirty days after the date of the sentence(s).(2)If this notice is served beyond that time then you must apply for an extension of time by completing the application set out below.(3)If you are in custody, this notice of appeal must be served by delivering it to the senior official of the institution in which you are confined.APPLICATION FOR EXTENSION OF TIMEI hereby apply for an extension of time within which I may launch my appeal, upon the following grounds: (here state the reasons for delay)Signed DateThe Appellant, (strike out inapplicable provisions)(a)appeals against his or her conviction upon grounds involving a question of law alone;(b)applies for leave to appeal his or her 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 is granted, hereby appeals against the sentence.GROUNDS OF APPEALThese must be filled in before the notice is sent to the Registrar. The appellant must here set out the grounds or reasons why he or she alleges the conviction should be quashed or the sentence reduced. If one of the grounds set out is “misdirection to the jury” by the judge, particulars of the alleged misdirection must be set out in this notice.

NOTICE OF APPEAL OR APPLICATION FOR LEAVE TO APPEALCOURT OF APPEAL FOR ONTARIOBETWEEN:HER MAJESTY THE QUEENRespondentandA. BAppellantNOTICE OF APPEALPARTICULARS OF CONVICTION1. Place of conviction12. Name of judge3. Offence(s)2 of which accused convicted4. Section(s) of Criminal Code under which accused convicted5. Plea at trial6. Length of trial7. Sentence imposed8. Date of conviction9. Date of sentence10. If accused in custody, place of incarcerationThe appellant, (use applicable provisions)(a)appeals against his or her conviction upon grounds involving a question of law alone;(b)applies for leave to appeal his or her 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; or(c)applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence.The grounds for appeal areThe relief sought isThe appellant’s address for service isThe appellant’s address3 isDated this day of 19(Name, address and telephone number of appellant’s solicitor or, where none, the appellant)To: The RegistrarNumbered notes set out below refer to corresponding numbers on notice.Note 1Where the appeal is from the summary conviction appeal court, in addition to the matters specified in paragraphs 1 to 10 the Notice of Appeal must also specify the name of the judge of the appeal court, the date of the judgment of the appeal court and the result of the summary conviction Appeal.Note 2The Notice of Appeal must refer to all offences under appeal.Note 3These rules provide for service upon the appellant of certain material at the address provided in the Notice of Appeal. If the appellant changes address then the appellant must notify the Registrar.

UNDERTAKINGI, [counsel for the appellant, or where none, the appellant] undertake that all transcripts required for the hearing of the appeal in the matter of Her Majesty the Queen and A.B. will be filed by 19(Name, address and telephone number of appellant’s solicitor or, where none, the appellant)

APPELLANT’S FACTUM - APPEAL FROM SENTENCE ONLYCOURT OF APPEAL FOR ONTARIOBETWEEN:HER MAJESTY THE QUEENRespondentandNAME OF APPELLANTApplicant/AppellantAPPELLANT’S FACTUMPART IPARTICULARS OF THE CASE1. Place of conviction2. Name of judge3. Was the trial by judge and jury or judge alone4. Offence(s) of which accused convicted5. Section(s) of Code1 under which accused convicted6. Plea at trial7. Length of trial8. Sentence imposed9. Date of conviction10. Date of sentence11. Present place of incarceration (if applicable)12. If appellant released on bail pending appeal, date of release213. Period spent in pre-trial or pre-sentence incarceration314. Parole eligibility date415. Date of mandatory release516. Names of co-accused and sentences imposed for offences upon which they were convicted617. Does appellant have prior criminal record718. Present employment819. Present marital status920. Appellant’s present age and age at time of offence21. Was a pre-sentence report prepared1022. Were any medical, psychological, psychiatric or similar reports referred to or filed at the sentence proceedings1123. Was there a joint submission and if so what was it1224. If no joint submission, briefly set out the position of prosecution and defence counsel on the sentence proceedings1325. Was there a victim impact statement1426. Will there be an application to admit fresh evidence and if so does the respondent consent to its admission15PART IISUMMARY OF THE FACTSThe facts of the offence16The background of the appellantFresh evidence(Here briefly summarize the fresh evidence which on consent has been filed with the court)PART IIIGROUNDS OF APPEALPART IVORDER REQUESTEDIt is respectfully submitted that (here set out the relief requested, e.g. that leave to appeal sentence be granted, the appeal allowed and the sentence reduced).All of which is respectfully submittedDefence LawyerCounsel for the AppellantDated at this day of , 19Notes1. Reference should be to the Criminal Code section in force at the time of the commission of the offence.2. Note that the Criminal Appeal Rules require that the release order be placed in the appeal book.3. Where the incarceration was due to circumstances other than detention on the charge under appeal this should be made clear. Thus if for a portion of the time the appellant was serving sentence on another offence either this period should not be included or there should be a note to this effect.4. This date is available from the sentence administrator of the institution where the appellant is incarcerated. Where the appellant is serving sentence for offences other than the offence under appeal, this should be made clear in a note.5. This date is available from the sentence administrator of the institution where the appellant is incarcerated.6. Where the appellant relies on disparity as a ground for varying the sentence additional details may be necessary and should be included in Part II of the factum. These details would include the co-accused’s criminal record, reference to the judge’s reasons for the sentence imposed on the co-accused, the involvement of the co-accused, whether the co-accused was convicted of other offences so that the totality principle affected the sentence, and any other information that would put the allegation of disparity in its proper context.7. If the appellant has a prior criminal record it should be set out in detail in Part II of the factum.8. In addition to present employment a fuller history of employment should be set out in Part II of the factum. If the appellant is in custody then refer to employment at the time of conviction or sentence.9. Where relevant, the history of the appellant’s marital status should be referred to in Part II of the factum.10. If there was a pre-sentence report prepared its contents should be briefly summarized in Part II of the factum. In addition, the entire report must be included in the appeal book.11. Where relevant the contents of such reports should be briefly summarized in Part II of the factum. In addition, the complete report must be included in the appeal book, whether or not it was formally marked as an exhibit on the proceedings.12. A joint submission would include where counsel have agreed on range of sentence to be submitted to the trial judge.13. The “position” of counsel may simply be that the sentence should take a particular form, i.e. incarceration, or may be more specific, i.e. a specified term of months or years. If counsel did not make any suggestion as to the type or length of sentence this should be indicated as well.14. If there was a victim impact statement its contents should be briefly summarized in Part II of the factum. If there was no victim impact statement but evidence was led as to the effect on the victim this too should be briefly summarized in Part II of the factum.15. Where the respondent consents to the admission of fresh evidence on the appeal this evidence may be included in the appeal book or filed separately and reference may be made to the evidence in Part II of the factum. No notice of motion is required, provided that the material is clearly identified as fresh evidence and the respondent has consented to its admission. Where the respondent opposes the admission of the fresh evidence then counsel must prepare a notice of motion returnable on the date of the appeal. The evidence itself should be filed with the notice of motion, but in a sealed envelope. There must be sufficient copies for the members of the court.16. Where the facts are complicated and somewhat lengthy counsel may wish to include a paragraph containing an overview of the facts. In most sentence appeals that paragraph should not be required since the Criminal Appeal Rules require that this Part of the factum contain a brief summary of the facts.

NOTICE OF APPEAL (PART XX.1)COURT OF APPEAL FOR ONTARIOIN THE MATTER OF A. B. (accused)NOTICE OF APPEALPARTICULARS OF DISPOSITION OR PLACEMENT DECISION1. Place of disposition or placement decision2. Name of judge or chairperson of Review Board3. Offence(s) for which disposition or placement decision made4. Section(s) of Criminal Code for offences for which disposition or placement decision made5. Disposition or placement decision appealed from6. Length of hearing7. Date of disposition or placement decision18. If accused in custody or detention, place of incarceration or detention9. The verdict at trial2TAKE NOTICE that the accused applies for an extension of time within which to launch the within appeal upon the following grounds: (here state reasons for delay)TAKE NOTICE that [identify party appealing] appeals against the disposition [or placement decision] upon grounds involving a question of law alone or fact alone or mixed law and fact.The grounds of appeal are:The relief sought is:The appellant’s address for service is:Dated this day of 19(Name, address and telephone number of appellant’s solicitor or (where none) the appellant)To: the RegistrarNumbered notes set out below refer to corresponding numbers on noticeNote 1. This notice of appeal must be served within fifteen days after the day on which the parties are provided with a copy of the disposition or placement decision and the reasons for it, by delivering a copy of the notice of appeal to the person in charge of the hospital or other institution in which the accused is in custody or by delivering to the office of the Registrar or by mailing to the Registrar by registered mail three copies of the notice of appeal, and, in addition, in an appeal by the Attorney General or by a party other than the accused, by personal service on the accused. If the accused is the appellant and is not represented by a solicitor then he or she must indicate in the space provided the reasons for failing to serve the notice of appeal within the time limit.Note 2. That is, whether the verdict was that the accused was unfit to stand trial or not criminally responsible on account of mental disorder.