Prince Edward Island – Criminal Appeal Rules of Court (SI/2011-109)

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Prince Edward Island – Criminal Appeal Rules of Court

SI/2011-109

CRIMINAL CODE

Registration 2011-12-21

Prince Edward Island – Criminal Appeal Rules of Court

The Prince Edward Island Court of Appeal, pursuant to subsection 482(1)Footnote a of the Criminal CodeFootnote b, repeals Rule 67 of the Rules of the Supreme Court and the Appeal Division of the Supreme Court of Prince Edward IslandFootnote c and hereby makes the annexed Rule 82 — Criminal Appeal, effective January 1, 2012.

November 30, 2011

THE HONOURABLE DAVID H. JENKINS
Chief Justice on behalf of the
Prince Edward Island Court of Appeal

RULE 82

CRIMINAL APPEAL

INTERPRETATION AND DEFINITIONS

  • 82.01 (1) In this rule, unless the context requires otherwise,

    “appeal”

    “appeal” includes an application for leave to appeal and a cross-appeal; (appel)

    “appellant”

    “appellant” means the person who is appealing from conviction or sentence, or both, and in an appeal by the Crown means Her Majesty the Queen represented by the Attorney General and includes an appellant by cross-appeal; (appelant)

    “Attorney General”

    “Attorney General” means the Attorney General as defined in section 2 of the Code and includes counsel instructed by him or her for the purpose of appeal, and Her Majesty the Queen represented in an appeal by the Attorney General; (procureur général)

    “Chief Justice”

    “Chief Justice” means the Chief Justice of Prince Edward Island or in the absence of the Chief Justice of Prince Edward Island, the next senior judge of the Court; (juge en chef)

    “Code”

    “Code” means the Criminal Code, R.S.C. 1985, c. C-27; (Code)

    “Court”

    “Court” means the Prince Edward Island Court of Appeal; (Cour)

    “Chief Court Reporter”

    “Chief Court Reporter” means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1; (sténographe judiciaire en chef)

    “Court Reporter”

    “Court Reporter” means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1 or a person designated to record proceedings in the Provincial Court or youth justice court; (sténographe judiciaire)

    “court transcriber”

    “court transcriber” means a person designated as such under the Court Reporters Act R.S.P.E.I. 1988 Cap. S-10.1 or a person designated to transcribe proceedings in the Provincial Court or youth justice court; (transcripteur judiciaire)

    “judge”

    “judge” means a judge of the Court and includes a judge of the Supreme Court of Prince Edward Island, whenever any such judge is sitting ex-officio, as a judge of the Court; (juge)

    “judgment”

    “judgment” means the formal disposition of an appeal by the Court and includes an order for judgment; (jugement)

    “notice of appeal”

    “notice of appeal” includes notice of application for leave to appeal and notice of cross-appeal; (avis d’appel)

    “Prisoner Appeal”

    “Prisoner Appeal” means an appeal by a person who, when the notice of appeal is given, is in custody and is not represented by counsel; (appel d’un détenu)

    “Provincial Court”

    “Provincial Court” means the Provincial Court of Prince Edward Island; (Cour provinciale)

    “Registrar”

    “Registrar” means the officer of the Court appointed as registrar or as a deputy registrar; (registraire)

    “respondent”

    “respondent” means Her Majesty the Queen represented by the Attorney General in the case of a person who appeals against conviction or sentence, and where the appeal is by Her Majesty the Queen represented by the Attorney General, means the person whose acquittal or sentence is appealed, or in whose favour a court refused to exercise its jurisdiction or has issued an order to quash or stay an indictment; (intimé)

    “trial court”

    “trial court” means the court appealed from. (tribunal de première instance)

    “trial judge”

    “trial judge” means the judge who presided at the trial; (juge de première instance)

    “youth justice court”

    “youth justice court” means a youth justice court referred to in section 13 of the Youth Criminal Justice Act. (tribunal pour adolescents)

  • (2) The interpretation and definitions in sections 2 and 673 of the Code apply to this rule.