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British Columbia Court of Appeal Criminal Appeal Rules, 1986 (SI/86-137)

Regulations are current to 2024-03-06

PART IVOther Pre-hearing Matters (continued)

Time Limits

 The court or justice may extend or shorten the time within which the giving of any notice or the doing of any act required by these rules may be done, notwithstanding that the application for the extension or the order granting it is made after the expiry of the time in respect of which the application to extend is made.

Applications to the Court or a Justice

  •  (1) A party who wishes to make an application to the court or a justice shall do so on two clear days’ notice to the other party to the appeal, unless the court or a justice otherwise orders.

  • (2) The applicant shall file a copy of the notice of appeal with his application together with the material upon which he relies, verified by affidavit, unless the court or a justice otherwise orders, and he shall serve all material, including the affidavits, on the other party to the appeal.

  • (3) Where an appellant is not represented by counsel, the court or a justice may dispense with service of the material where

    • (a) the appellant did not state any address for service on his notice of appeal; or

    • (b) the respondent establishes that the appellant’s address for service was fictitious.

Non-compliance with Rules

 A court or a justice may permit non-compliance with any rule subject to terms and conditions that the court or a justice thinks fit.

PART VRelease from Custody

Procedure on Release Application

  •  (1) On an application for release under section 679 of the Criminal Code, the appellant shall file an application in Form 8 and the material referred to in subrule (2) and serve a copy thereof on the prosecutor.

  • (2) The application shall be accompanied by an affidavit verifying the facts on which the appellant relies in support of his application including the following:

    • (a) a statement of all places where he has resided for the three year period preceding the date that he was sentenced;

    • (b) the place where he intends to reside if he is released;

    • (c) the name of his employer and the place of his employment where he was employed before being placed in custody;

    • (d) his employment prospects if released;

    • (e) the names and addresses of his relatives or other persons who may serve as prospective sureties;

    • (f) a statement of any criminal convictions during the five years preceding his conviction on the offence from which he is appealing, specifying the offences and sentences imposed.

  • (3) The appellant may accompany his application with any other material that he considers will be relevant to the application.

  • (4) Unless a justice otherwise orders, submissions on an application under this section by an appellant who is not represented by counsel shall be in writing.

  • (5) Upon the appellant complying with an order for release,

    • (a) the registrar or other person authorized by the registrar, in a case where an undertaking is ordered, or

    • (b) a justice of the peace who took the recognizance, in any other case,

    shall issue a notice of release in Form 9 to the person having custody of the appellant.

  • (6) The release order, undertaking, recognizance and any money or valuable security deposited under the recognizance shall be filed or deposited with the registrar.

  • SI/91-81, s. 7

Reviews Under Section 680

[
  • SI/91-81, s. 8
]
  •  (1) On an application for a direction under section 680 of the Criminal Code, the appellant shall

    • (a) complete Form 10;

    • (b) submit all material that was before the judge or justice when he made the order that the appellant seeks to have reviewed; and

    • (c) submit a concise memorandum stating why there should be a review.

  • (2) The registrar shall deliver a copy of the memorandum submitted under subrule (1)(c) to the prosecutor who may, within five days after receiving it, submit a concise memorandum in response.

  • (3) The chief justice shall, after considering the material before him, inform the registrar of his decision.

  • (4) Where a review is directed under section 680 of the Criminal Code, the registrar shall advise the applicant and the prosecutor of the time and place where the review hearing will be heard.

  • SI/91-81, s. 9

 [Repealed, SI/91-81, s. 10]

 [Repealed, SI/91-81, s. 11]

Made this 9th  day of June, 1986, by the Court of Appeal of British Columbia, with the concurrence of a majority of the Justices thereof present at a meeting held for the purpose of making these Rules.

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    N. T. Nemetz, C.J.B.C.
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    J. D. Taggart, J.A.
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    P. D. Seaton, J.A.
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    A. B. B. Carrothers, J.A.
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    E. E. Hinkson, J.A.
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    W. A. Craig, J.A.
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    J. S. Aikins, J.A.
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    J. D. Lambert, J.A.
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    J. A. Macdonald, J.A.
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    R. P. Anderson, J.A.
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    H. E. Hutcheon, J.A.
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    A. B. Macfarlane, J.A.
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    W. A. Esson, J.A.
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    B. M. McLachlin, J.A.
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    R. I. Cheffins, J.A.
  • SI/91-81, s. 12
 

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