Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada

Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence and the Minister of Justice, is pleased hereby, pursuant to subsection 207(1) and section 211.82 of the National Defence Act, to approve the revocation, by the Chief Justice of the Court Martial Appeal Court of Canada, of the Court Martial Appeal Rules of Canada, approved by Order in Council P.C. 1979-589 of March 1, 1979, and to approve the Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada, made by the Chief Justice of the Court Martial Appeal Court of Canada on June 16, 1986, in substitution therefor.The Chief Justice of the Court Martial Appeal Court of Canada, pursuant to subsection 207(1) and section 211.82 of the National Defence Act, and subject to the approval of the Governor in Council, hereby revokes the Court Martial Appeal Rules of Canada, approved by Order in Council P.C. 1979-589 of March 1, 1979, and makes the annexed Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada, in substitution therefor.^notenotenoteOttawa, June 16, 1986

Interpretation

General

The Judges

Time and Place of Hearings

Form of Documents

Commencement of Proceedings

Obligations of the Court Martial Administrator

Appellant’s Memorandum of Fact and Law

Quashing an Appeal

Respondent’s Memorandum of Fact and Law

Memorandum in Reply

Request for Hearing

Constitutional Questions

Book of Authorities

Release from Pre-trial Custody and Release Pending Appeal

Petition for New Trial

Production of Documents and Particulars

Time

Representation of Parties

Appointment of Counsel by the Director of Defence Counsel Services

Fees and Costs

Service of Documents

Filing of Documents

Applications, Motions and Notices

Application by Party Under Custody to Attend Hearing

Special Dispositions

Practice and Procedures at Hearings

Witnesses and New Evidence

Judgments and Orders

Abandonment of Proceedings

Seal

Judicial Administrator

Duties of the Administrator

Schedule 1 · (Paragraph 5(3)(a))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name)RespondentNOTICE OF APPEARANCEThe respondent intends to participate in this appeal.(Date)TO: | (Names and addresses of other counsel or parties and the Court Martial Administrator)

Schedule 2 · (Paragraph 5(3)(b))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name)RespondentNOTICE OF CROSS-APPEALTHE RESPONDENT CROSS-APPEALS and asks that the order be set aside and judgment granted as follows (or “that the order be varied as follows”, or as the case may be): (Set out the relief sought.)THE GROUNDS OF CROSS-APPEAL are as follows: (Set out the grounds, including a reference to any statutory provision or rule to be relied on.)(Date)TO: | (Names and addresses of appellant’s or applicant’s counsel or appellant or applicant and the Court Martial Administrator)

Schedule 3 · Memorandum of Particulars (Subsections 6(1), 12(2) and 13.1(3))

1 A Memorandum of Particulars shall have the following heading:(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name)RespondentMEMORANDUM OF PARTICULARS2 Information to be included, as applicable:(a) the type, place and date of the proceedings before the court martial or hearing;(b) the name, postal address and telephone number of the prosecutor;(c) the name, postal address and telephone number of the defence counsel;(d) the offence or offences charged;(e) the statutory or other provisions on which the charge or charges are based;(f) the plea at trial;(g) the disposition by court martial or military judge;(h) the date of the disposition; and(i) the sentence imposed (and the sentence as modified, if applicable).3 Where the disposition under review or appeal is a disposition under Division 3 or 10 of Part III of the Act, attach a copy of any directions, orders and conditions and undertakings that are separate from the disposition referred to in paragraph 2(g).4 When the disposition has resulted in the detention of the person charged, include(a) the name, postal address and telephone number of the institution where the person is being held; and(b) the name and title of the warden, the superintendent or, as the case may be, the person in charge or command of the institution.

Schedule 4 · Appeal Book (Subsection 6(5))

1 Any appeal book shall be prepared on white paper of good quality in such manner that printed pages are to the left as the book is read.2 The type used in an appeal book shall be 12 point unless accounts or tabular matter is being printed, in which case 10 point type shall be used and shall be clearly legible.3 [Repealed, SOR/2001-91, s. 37]4 The size of an appeal book shall be 21.5 cm by 28.5 There shall be approximately 47 lines of print on each page of an appeal book and every tenth line shall be numbered in the margin.6 An appeal book shall be arranged in the following sequence and shall consist of a red-coloured cover, a title page, an index and the following parts:Part I | 1 | Notice of Appeal, Notice of Motion commencing an appeal or application or Petition for a New Trial sent to the Court by the Minister, and notice of cross-appeal, if any. | 2 | Memorandum of Particulars in accordance with Schedule 3. | 3 | Any agreement referred to in subsection 6(4) of these Rules. | 4 | Charges, arraignments, pleas, admissions, entries and orders at the court martial or hearing in chronological order.Part II | | The evidence.Part III | | The closing addresses, finding and disposition by the Court Martial or military judge.Part IV | | The exhibits.Part V | | The certificate of the Court Martial Administrator, as follows: | | I, , hereby certify that the foregoing record of the case on appeal to the Court Martial Appeal Court of Canada is a true and correct reproduction of the originals of which they purport to be copies.7 Every page of an appeal book other than the title page and facsimile reproduced exhibits shall have a heading that states the nature of the material.8 Where evidence is printed in an appeal book, the questions shall be preceded by the letter “Q”, and the answer, which shall continue on the line which the question concludes, shall be preceded by the letter “A”, if in English, or the letter “R”, if in French.9 All printed or written documents filed as exhibits shall be grouped together and printed in an appeal book in the order in which they were filed at the court martial.10 If the whole case requires two or more volumes of an appeal book, to facilitate reference to the exhibits, they may all be reproduced in the final volume or volumes of the appeal book and on the cover after the volume number shall appear the word “Exhibits” in bold letters. When exhibits are reproduced in a special volume of an appeal book, the page numbers shall be the same as though printed in the usual manner.11 The cover and title page of an appeal book shall have the following heading:(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name)Appellant-and-(Name)RespondentAPPEAL BOOK12 Where an appeal book contains more than 300 pages, it shall be bound in separate volumes of not more than 200 pages each.13 The index of an appeal book shall set out in detail the entire contents in four parts as follows:Part I | 1 | Notice of Appeal or Notice of Motion commencing an appeal or application or Petition for a New Trial sent to the Court by the Minister, and notice of cross-appeal, if any. | 2 | Memorandum of Particulars in accordance with Schedule 3. | 3 | Charges, arraignments, pleas, admissions, entries and orders at the Court Martial or hearing in chronological order.Part II | | Each witness by name, stating whether for prosecution or defence, examination-in-chief or cross-examination, and the page number of the appeal book where the evidence of the witness commences.Part III | | Each document forming an exhibit or part thereof, with its description, date and number, in the order in which it was filed and the page number of the appeal book on which it is referred to for the first time in the evidence.Part IV | | Each closing address, indicating by whom it was delivered and the finding and disposition by the Court Martial or military judge with its date.14 The pages of the index of an appeal book shall be numbered with small Roman numerals and the remaining pages shall be numbered in the usual manner with the numbers placed in the upper left-hand corner. Nothing shall appear above the page number.

Schedule 5 · (Rule 11)

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name)Appellant-and-(Name)RespondentREQUISITION FOR HEARINGTHE APPELLANT (or RESPONDENT, as the case may be) REQUESTS that a date be set for the hearing of this appeal.THE APPELLANT (or RESPONDENT, as the case may be) CONFIRMS THAT:1 The requirements of Rules 7, 9 and 10 of the Court Martial Appeal Court Rules have been complied with.2 A notice of constitutional question has been served in accordance with Rule 11.1 of these Rules.(or)2 There is no requirement to serve a notice of constitutional question under Rule 11.1 of these Rules in this appeal.3 The hearing should be held at (place).4 The hearing should last no longer than (number) hours (or days).5 The representatives of all parties to the appeal are as follows:(a) on behalf of the appellant: (name of counsel or party if self-represented) who can be reached at: (address and telephone and fax numbers);(b) on behalf of the respondent: (name of counsel or party if self-represented) who can be reached at: (address and telephone and fax numbers);(c) on behalf of the intervener: (name of counsel or party if self-represented) who can be reached at: (address and telephone and fax numbers).(If more than one appellant, respondent or intervener represented by different counsel, list all counsel.)6 The parties are available at any time except: (List all dates within 90 days after the date of this requisition on which the parties are not available for a hearing).7 The hearing will be in (English or French, or partly in English and partly in French).8 The appellant (or respondent or the parties, as the case may be) require(s) an interpreter to translate the proceedings into (English or French or both)(Date)TO: | (Names and addresses of other counsel or parties)

Schedule 6 · (Subsection 11.1(2))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name)Appellant-and-(Name)RespondentNOTICE OF CONSTITUTIONAL QUESTIONTHE (identify party) intends to question the constitutional validity, applicability or effect (state which) of (identify the particular legislative provision);(If the date of the start of the hearing has been fixed) THE QUESTION is to be argued on (day), (date) at (time), at (place);THE FOLLOWING are the material facts giving rise to the constitutional question: (Set out concisely the material facts that relate to the constitutional question. Where appropriate, attach pleadings or reasons for decision.);THE FOLLOWING is the legal basis for the constitutional question: (Set out concisely the legal basis for each constitutional question and identify the nature of the constitutional principles to be argued.);IF YOU WISH to be heard in respect of the constitutional question, you are required to file with the Registry, at least five days before the date set for the start of the hearing of the appeal, a notice of intention to intervene.(Date)TO: | The Attorney General of Canada | The Attorney General of (each province)

Schedule 7 · (Subsections 12(2), 13.1(3) and 24(2))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name)RespondentNOTICE OF MOTIONTAKE NOTICE THAT the Court will be moved by (the Appellant or Applicant or Respondent, as the case may be) for an order (Here set out order sought.);AND FURTHER TAKE NOTICE THAT the order should be made because:(Where the party seeks to obtain or terminate a release from pre-trial custody or pending an appeal, or to vary the conditions of such release, the party should, and in other applications may, here set out in convenient paragraphs, designated (a), (b), (c), etc., concisely and precisely, the grounds or reasons why the order sought should be made.)AND FURTHER TAKE NOTICE THAT in support of this application, the party will rely on the affidavit(s) of (state name(s) of affiant(s)), date filed, together with such further material as counsel for the party may advise and the Court may permit.(Date)TO: | (Name and address of counsel or party)

Schedule 7.1 · (Subsection 19(3))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name of Respondent)RespondentNOTICE OF LIMITED-SCOPE REPRESENTATIONThe (appellant, applicant or respondent, as the case may be) has appointed (name) as counsel to provide limited-scope representation in this proceeding.1 COUNSEL’S MANDATECounsel’s representation of the (appellant, applicant or respondent, as the case may be) is limited to the following aspects of the proceeding: (Set out the scope of the mandate, including the subject matter and any scheduled appearances.)2 DESIGNATION FOR SERVICE OF DOCUMENTS□ SERVICE ON COUNSEL (Service of documents related to counsel’s mandate is to be made on counsel.)Address for service: (If service is to be made on counsel.)□ SERVICE ON PARTY (Service of documents related to counsel’s mandate is to be made on the appellant, applicant or respondent, as the case may be.)3 DECLARATIONSThe undersigned counsel and the (appellant, applicant or respondent, as the case may be) each declare that this notice accurately describes the counsel’s mandate and the arrangements for the service of documents related to that mandate.(Date)TO: (Name, address and email address of other counsel or parties)

Schedule 7.2 · (Subsection 19(3.2))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name of Respondent)RespondentNOTICE TO CEASE LIMITED-SCOPE REPRESENTATIONTAKE NOTICE THAT I, (name of counsel), counsel, am no longer providing (name of party) with limited-scope representation and I have ceased to represent them.(Date)TO: (Name, address and email address of other counsel or parties)

Schedule 7.3 · (Subsection 23.02(3))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name of Respondent)RespondentNOTICE OF CONSENT TO SERVICE BY EMAILThe (appellant, applicant or respondent, as the case may be) consents to the service of documents by email in this proceeding.Service of documents by email shall be made to the following email address: (Set out email address.)

Schedule 7.4 · (Subsection 23.02(4))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name of Respondent)RespondentNOTICE OF WITHDRAWAL OF CONSENT TO SERVICE BY EMAILThe (appellant, applicant or respondent, as the case may be) withdraws the consent to the service of documents by email in this proceeding given in the Notice of Consent to Service by Email dated (date of notice).

Schedule 8 · (Paragraph 23(8)(a))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name of Respondent)RespondentAFFIDAVIT OF SERVICEI, (full name and occupation of deponent), of the (City, Town, etc.) of (name), in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT: (Choose one of the following to include in the body of the affidavit.)[In the case of personal service]1 On (date), at (time), I served (identify person served) with (identify the document served) by leaving a copy with that person at (address where service was made).2 I was able to identify the person by means of (State the means by which the person’s identity was ascertained.).[In the case of service by registered mail or courier]On (date), at (time), I served (identify person served) with (identify document served) by sending a copy by (state registered mail or name of courier) to (full address of place of delivery).[For service by fax]On (date), at (time), I served (identify person served) with (identify document served) by sending a copy by fax to (fax number).[For service by email]On (date), at (time), I served (identify person served) with (identify document served) by sending a copy by email to (email address).[For service by leaving document with counsel]On (date), at (time), I served (identify party served) with (identify document served) by leaving a copy at the office of (name of counsel), counsel for the (identify party).Sworn (or Affirmed) before me at the (City, Town, etc.) of (Name), in the (County, Regional Municipality, etc.) of (Name), on (date) | | Commissioner of Oaths | (Signature of deponent)

Schedule 9 · (Paragraph 23(8)(c))

(Court File No.)COURT MARTIAL APPEAL COURT OF CANADABETWEEN:(Name of Appellant or Applicant, as the case may be)AppellantorApplicant-and-(Name of Respondent)RespondentCOUNSEL’S CERTIFICATE OF SERVICEI, (name of counsel), counsel, certify that I caused (the appellant, applicant or respondent, as the case may be) (name of party served) to be served with (if enclosure, “this document”; otherwise identify document served) by (method of service and name of any person served on behalf of the party) on (date of service).