Marginal note:Application - prohibition

107. An application for an order in the nature of prohibition shall not operate as a stay of the proceedings sought to be prohibited except by order of a judge.

Marginal note:Definitions

108. The definitions in this section apply in this Part, unless the context in these Rules requires otherwise.

“adjudication”

“adjudication” includes

• (a) in an appeal under subparagraph 813(a)(i) or (ii) of the Code, a conviction or order made against or a sentence passed against a defendant;

• (b) in an appeal under subparagraph 813(b)(i) or (ii) of the Code, an order that stays proceedings on or dismisses an information or a sentence passed against a defendant;

• (c) in an appeal under subparagraph 813(a)(iii) or (b)(iii) of the Code, a verdict; and

• (d) in an appeal under subsection 830(1) of the Code, a conviction, judgment or verdict of acquittal or other final order or determination of a summary conviction court. (décision)

“appeal”

“appeal” means an appeal under Part XXVII of the Code from or against an adjudication in a proceeding before a summary conviction court; (appel)

“appeal court”

“appeal court” means the Supreme Court of the Northwest Territories; (Cour d’appel)

“appellant”

“appellant” includes

• (a) in an appeal under paragraph 813(a) of the Code, the defendant;

• (b) in an appeal under paragraph 813(b) of the Code, the informant, the Attorney General or the Attorney General’s agent; and

• (c) in an appeal under subsection 830(1) of the Code, the person who has filed the appeal. (appelant)

“trial court”

“trial court” means the summary conviction court from or against whose adjudication an appeal is being taken. (tribunal de première instance)

Marginal note:Application of Part

109. This Part applies to all appeals, including appeals from summary conviction proceedings pursuant to the statutes of the Northwest Territories, except as otherwise provided by the Code, any other federal Act or any regulation made under the Code or any other such Act.

Marginal note:Time for filing notice of appeal

• 110. (1) An appellant shall give notice of appeal

  • (a) where the appeal is from a conviction or against sentence or both, within 30 days after the day on which the sentence was passed; or

  • (b) in any other case, within 30 days after the day on which the adjudication under appeal was made.

• (2) The appeal court or a judge of the appeal court may extend the time within which notice of appeal may be given.

• (3) An application to extend time shall be made on notice to the respondent.