CODE REF. GENERAL S. 678(2) METHOD OF APPEALING S. 678(1) TIME FOR APPEAL AND SERVICE S. 678(1) S. 675(2)(b) CONTENT OF NOTICE OF APPEAL S. 678(1) PLACE OF HEARING DISPENSING WITH ORAL ARGUMENT APPEALS WHERE LEAVE REQUIRED S. 675(1)(a)(ii) S. 675(1)(a)(ii) SENTENCE APPEALS WITH COUNSEL SENTENCE APPEALS WITHOUT COUNSEL SENTENCE APPEALS GENERALLY S. 614 APPEALS OTHER THAN SENTENCE APPEALS FURNISHING CERTIFIED COPIES S. 438(2)(v) REPORT OF A TRIAL JUDGE S. 609(1) DISPOSITION OF DOCUMENTS AND EXHIBITS VERIFICATION OF TRANSCRIPTS AND DEPOSITIONS AT TRIAL COMPENSATION OR RESTITUTION OF PROPERTY RELEASE FROM CUSTODY PENDING APPEAL S. 608(1)(a) S. 608(1)(b) S. 608(1)(c) ABANDONMENT OF APPEALS DISSEMINATION OF RULES McGILLIVRAY, C.J.A. McDERMID, J.A. MADDISON, J.A. SINCLAIR, J.A. CLEMENT, J.A. LIEBERMAN, J.A. PROWSE, J.A. MOIR, J.A. HADDAD, J.A. MORROW, J.A. TALLIS, J.A.
Under the authority of section 438 of the Criminal Code the Judges of the Court of Appeal for the Northwest Territories hereby make the following Rules respecting Criminal Appeals and Bail Applications pending appeal.
TO BE USED WHEN APPELLANT IS NOT REPRESENTED BY COUNSEL — RULE 7(1) IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES APPELLANT(Fill in Full Name)-v-RESPONDENT TO: THE REGISTRAR, Court of Appeal for the Northwest Territories, Court House, YELLOWKNIFE, N.W.T. NOTICE OF APPEAL in the Magistrate’s ☐ Court Supreme ☐ Court and was sentenced to At trial I pleaded GUILTY ☐ NOT GUILTY ☐I, the above appellant, hereby give notice that I desire to appeal and if necessary for me to do so, to apply for leave to appeal against Conviction Only Sentence Only or both Conviction and Sentence for the following reasons: (Set out reasons.) (If the space is insufficient, put additional grounds on the reverse side of this form.) I wish☐do not wish☐to be present at the hearing of the appeal. (S. 688) If a new trial is ordered and I have a right to trial by judge and jury, I wish☐do not wish☐trial by judge and jury. DATED this day of , 19
TO BE USED WHERE NOTICE IS FILED BY COUNSEL FOR AN APPELLANT OR ON BEHALF OF THE ATTORNEY-GENERAL — RULE 7(2) IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES TO: The Registrar, Court of Appeal for the Northwest Territories, Court House, YELLOWKNIFE, N.W.T. NOTICE OF APPEAL PARTICULARS 1 The Appeal is in respect of indictable offence, or by way of further Appeal from the Magistrate’s Court in respect of a summary conviction offence.(INDICTABLE OFFENCE ☐SUMMARY CONVICTION ☐) 2 Place of Trial 3 Name of Judge 4 Name of Court 5 Name of Crown Prosecutor at Trial 6 Name of Defence Counsel at Trial 7 8 9 Plea at Trial 10 Sentence imposed 11 Date of Sentence or Acquittal 12 TAKE NOTICE that the Appellant: (mark with an “x” which of the following are applicable)(1) appeals against conviction (or acquittal) on grounds involving a question of law alone;☐(2) applies for Leave to Appeal his conviction on grounds involving a question of fact alone or a question of mixed law and fact, and if Leave be granted, hereby appeals against the said conviction; ☐(3) applies for Leave to Appeal against sentence, and if Leave be granted, hereby appeals against the sentence.☐The grounds of Appeal are annexed hereto.(The Appellant wishes☐does not wish☐to be present at the hearing of the Appeal.) If a new Trial is ordered and the Appellant has a right to a Trial by Judge and Jury, the Appellant wishes☐does not wish☐ the new Trial to be by Judge and Jury. The Appellant’s address for service is DATED at Northwest Territories this day of , 19.
IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES BETWEEN: Appellant- and -Respondent Before His Lordship day the day The Honourable Mr. Justice}of A.D. 19 at In Chambers ORDER UPON the application of the above-named appellant for an order releasing him pending the determination of his appeal herein, notice of which appeal has been given (or leave to appeal sentence having been granted as the case may be); AND UPON reading the said Notice of Appeal and the Notice of Application for Bail and the Affidavit of the Appellant; IT IS HEREBY ORDERED THAT the Appellant be released from custody pending the determination of his appeal upon (set forth the terms and conditions directed under Section 679(5) of the Criminal Code). ENTERED this day of A.D. 19.(Where an Order has been obtained releasing the Appellant pursuant to Subsection 679(5) of the Criminal Code it should be noted that Subsection 679(9) provides that an undertaking in this section may be in Form 12 and a Recognizance may be in Form 32.)
IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES NOTICE OF ABANDONMENT OF APPEAL The Registrar, Court of Appeal for the Northwest Territories, Court House, YELLOWKNIFE, N.W.T. THIS NOTICE WAS SIGNED IN THE PRESENCE OF: NOTE: If this notice of abandonment of Appeal is signed by the Appellant personally, Rule 25(1) requires that his signature must be verified by affidavit or witnessed by a solicitor, or by an officer of the institution in which he may be confined.
THE RULES RELATING TO CRIMINAL APPEALS ABOVE SET OUT AND ATTESTED BY THE MEMBERS OF THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES HAVE BEEN MADE BY THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES WITH THE CONCURRENCE OF ALL JUDGES THEREOF PRESENT AT A MEETING CALLED FOR THE PURPOSE HELD AT CALGARY, ALBERTA, ON THE 16th DAY OF JANUARY A.D. 1978, PURSUANT TO SECTION 438 OF THE CRIMINAL CODE.