Vol. 144, No. 11 — May 26, 2010

Registration

SI/2010-40 May 26, 2010

CRIMINAL CODE

Rules Amending the Manitoba Criminal Appeal Rules

The annexed Rules were made under subsection 482(1) (see footnote a) of the Criminal Code (see footnote b) at a meeting of the Judges of the Court of Appeal of Manitoba on May 10, 2010.

THE COURT OF APPEAL:

Name	Name
R.J. Scott, C.J.M. M.A. Monnin, J.A. F.M. Steel, J.A. B.M. Hamilton, J.A. H.C. Beard, J.A.	M.H. Freedman, J.A. R.J.F. Chartier, J.A. A.D. MacInnes, J.A.

RULES AMENDING THE MANITOBA CRIMINAL APPEAL RULES

AMENDMENTS

1. Rule 19 of the Manitoba Criminal Appeal Rules (see footnote 1) is replaced by the following:

19 Where the issue on appeal is sentence only, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal,

(a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript of the sentencing hearing or, where a transcript is not required, the appeal book; and

(b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after being served with the appellant’s factum.

2. Rule 21 of the Rules is replaced by the following:

21 Except where the registrar has issued a notice under subrule 25(4), the time limit referred to in rule 19 or subrule 20(1) for filing an appellant’s factum or a respondent’s factum may be extended, either before or after the expiry of the applicable time limit,

(a) by the registrar if a written request to do so is made before the expiry of the applicable time limit and all other parties consent; or

(b) by a judge in chambers on a motion supported by an affidavit and with notice to all other parties.

3. Rule 23 of the Rules and the heading before it are replaced by the following:

Case book

23(1) A party that intends to rely on a case book shall file three copies with the registrar.

23 (2) The case book shall be filed

(a) by an appellant, within 14 days after the appellant files a factum;

(b) by a respondent, within 14 days after the respondent files a factum; or

(c) by an appellant and respondent that intend to rely on a joint case book, within 14 days after the respondent files a factum.

4. (1) Subrule 25(2) of the Rules is repealed.

(2) Paragraph 25(4)(b) of the Rules is replaced by the following:

(b) no extension of time has been sought under rule 21 within three months after the receipt by the registrar of the transcript or, where a transcript is not required, the appeal book; and

5. The Rules are amended by adding the following after rule 43:

43.1 Rule 43 does not apply to the time limits for filing an appellant’s factum or a respondent’s factum, which may be extended only in accordance with rule 21.

TRANSITIONAL PROVISION

6. The Manitoba Criminal Appeal Rules applicable before the day on which these Rules come into force continue to apply to all proceedings for which the initiating document was filed before that day.

COMING INTO FORCE

7. These Rules come into force on July 1, 2010.

Footnote a
S.C. 1994, c. 44, s. 35

Footnote b
R.S., c. C-46

Footnote 1
SI/92-106

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