SUPREME COURT OF NEWFOUNDLAND AND LABRADOR
NOTICE TO THE PROFESSION AND GENERAL PUBLIC

At a meeting held on June 1, 2022, the judges of the Supreme Court of Newfoundland and Labrador, pursuant to s. 482(1) of the Criminal Code, approved amendments to the Criminal Appeal Rules of the Supreme Court of Newfoundland, Trial Division, which will hereafter be referred to as the Criminal Appeal Rules of the Supreme Court of Newfoundland and Labrador.

These amendments:

• update the name of the Court;
• update the name of the Province;
• update the Criminal Code part and section references;
• remove Latin terms;
• incorporate gender-neutral language;
• repeal Rule 11; and
• add a field to Forms 1 and 2, that requires the appellant or the appellant’s solicitor to provide their phone number and email address.

The amendments, in both English and French, are set out in full immediately below this Notice.

The issuance of this Notice, which shall be posted on the website of the Supreme Court of Newfoundland and Labrador, shall be considered publication of these amendments for the purposes s. 482(4) of the Criminal Code.

The Supreme Court of Newfoundland and Labrador, pursuant to subsection 482(1) of the Criminal Code, hereby makes the following amendments to the Criminal Appeal Rules of the Supreme Court of Newfoundland, Trial Division, effective September 12, 2022.

Raymond P. Whalen
Chief Justice

1. Rule 1 of the rules is amended by deleting the comma and the words “Trial Division” and adding the words “and Labrador” immediately following the word “Newfoundland”.

 

2. (1) Rule 2(a) of the rules is repealed and the following is substituted:

• • (a) appeal means an appeal pursuant to Part XXVII of the Code;

(2) Rule 2(b) of the rules is amended by deleting the comma and the words “Trial Division” and adding the words “and Labrador” immediately following the word “Newfoundland”.

(3) Rule 2(c) of the rules is amended by deleting the words “of the Supreme Court of Newfoundland”.

3. Rule 3 of the rules is repealed and the following is substituted:

3. Where an appeal is taken under Section 813 of the Code, the appellant shall prepare a written notice of appeal which shall be dated and signed by the appellant or the appellant’s solicitor.

4. Rule 4(h) of the rules is amended by deleting the word “he” and adding the words “the appellant” immediately following the word “if”.

5. Rule 6 of the rules is repealed and the following is substituted:
Service by Appellant-Defendant

6. Where the appellant is the defendant, the appellant shall
(a) within 30 days after the conviction or order was made or the sentence was imposed, whichever is later, file the notice of appeal with the Registrar and cause a copy of it to be served personally or by pre-paid registered mail on the respondent or on the respondent’s solicitor or agent; and

(b) not later than seven clear days after the last day for service of the notice of appeal file with the Registrar proof of service of the notice on the respondent or on the respondent’s solicitor or agent.

6. Rule 7 of the rules is repealed and the following is substituted:

7. Where the appellant is the prosecutor, the appellant shall

(a) within 30 days after the conviction or order was made or the sentence was imposed, whichever is later, file the notice of appeal with the Registrar and cause a copy of it to be served personally or by pre-paid registered mail on the respondent or the respondent’s solicitor or on such other person or in such other manner as the appeal court may order in accordance with Rule 8; and

(b) not later than seven clear days after the last day for service of the notice of appeal file with the Registrar proof of service of the notice on the respondent or the respondent’s solicitor or other person, if any, ordered by the appeal court under Rule 8.

7. Rule 9(2) of the rules is amended by deleting the number “754” and adding the number “821” immediately following the word “Section”.

8. Rule 10(2) of the rules is amended by deleting the word “he” and adding the words “the appellant” immediately following the word “when”.

9. Rule 11 of the rules is repealed.

10. Rule 13(3) of the rules is repealed and the following is substituted:

(3) In the statement which the respondent files under paragraph (2) the respondent shall, where possible, state those facts in the appellant’s statement which the respondent accepts or rejects and reply to the points which the appellant intends to argue.

11. Rule 15 of the rules is amended by deleting the word “his” and adding the word “the” immediately following the word “at”.

12. (1) Rule 16(1) of the rules is amended by deleting the number “755” and adding the number “822” immediately following the word “Section”.

(2) Rule 16(3) of the rules is amended by deleting the words “viva voce” and adding the words “provided orally” immediately after the words “shall be”.

13. Rule 17 of the rules is amended by deleting the number “752” and adding the number “816” immediately following the word “Section”.

14. Rule 18(1)(b) of the rules is amended by deleting the number “755” and adding the number “822” immediately following the word “Section”.

15. Rule 19(1) of the rules is repealed and the following is substituted:

(1) Any party to an appeal may, if the party wishes, present the party’s argument in writing to the appeal court or by filing it with the Registrar at any time before the day fixed for the hearing of the appeal.

16. (1) Rule 21(1) of the rules is amended by deleting the word “he” and adding the words “the appellant” immediately following the words “an appeal”.

(2) Rule 21(2) is amended by deleting the word “his” and adding the word “the” immediately following the word “it”.

17. Rule 22 of the rules is amended by deleting the number “754” and adding the word and number “Section 821” immediately following the word “to”.

18. Rule 26 of the rules is repealed and the following is substituted:

Matters Not Dealt with by These Rules

26. In matters not specifically provided for by these rules, the practice and procedure of the Supreme Court of Newfoundland and Labrador relating to civil proceedings, as far as they can be made applicable, apply with appropriate changes.

19. Rule 27 of the rules is amended by deleting the word “his” and adding the word “their” immediately following the words “convicted person in”.

20. Form 1 of the rules is repealed and the following is substituted:

FORM 1
20___ 01G _______ CR
IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

BETWEEN:

A. B. Appellant

AND:

C. D. Respondent

NOTICE OF APPEAL

TAKE NOTICE that the appellant intends to appeal and hereby appeals from the conviction entered (or) the order made (and) (or) the sentence imposed by (state either or both) (state the name of the presiding judge in the summary conviction court) in (state the name of the summary conviction court) at (state place in which the trial was held) on (state date on which conviction was entered or date on which the order was made or sentence was imposed or both if appeal is from conviction or order and sentence)

The offence of which the appellant was convicted was (state fully the offence or offences of which the appellant was convicted)

The offence was committed at (state place at which the offence was committed)

(If applicable) The order of the summary conviction court that convicted the appellant was (state the order made) and it was made on (state date of order)

(If applicable) The sentence of the summary conviction court that convicted the appellant was (state sentence imposed) and it was imposed on (state date of sentence)

The appeal is (from the conviction or against the order or sentence or each) on the grounds that (set out grounds fully)

The appellant asks for the following order or other relief (set out concisely and precisely the nature of the order or other relief which the appellant asks the court of appeal to make or give, and the reasons for asking for the order or other relief)

(If appellant is in custody, state where the appellant is being held and whether the appellant wishes to be present in person when the appeal is heard)

My address for service is

Dated at ________________________in the Province of Newfoundland and Labrador this_______________day of ______________, 20_____.

(Signature of appellant or the appellant’s solicitor)
(Phone number and email address of appellant or the appellant’s solicitor)

To: (name and address of the respondent)

21. Form 2 of the rules is repealed and the following is substituted:

 

FORM 2
20___ 01G _______ CR
IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

BETWEEN:

A. B. Appellant

AND:

C. D. Respondent

 

NOTICE OF APPEAL

(If appeal is from an order of dismissal)

TAKE NOTICE that the appellant intends to appeal and hereby appeals from an order dismissing the information of (state name of informant) against the respondent made by (state the name of the presiding judge in the summary conviction court) in (state name of summary conviction court) at (state place in which the trial was held) on (state date on which order of dismissal was made).

The information that was dismissed charged the respondent (state fully the offence or offences charged and the place at which the alleged offence or offences were committed).

(If appeal is from sentence)

TAKE NOTICE that the appellant intends to appeal and hereby appeals the sentence imposed upon the respondent following conviction(s) entered by (state the name of the presiding judge in the summary conviction court) in (state name of summary conviction court) at (state place in which the trial was held) on (state date on which conviction was entered)

The offence of which the respondent was convicted was (state fully the offence or offences of which the respondent was convicted)

The offence was committed at (state place at which the offence was committed)

The sentence of the summary conviction court that convicted the respondent was (state sentence imposed) and was imposed on (state date of sentence)

The appeal is on the grounds that (set out grounds fully)

The appellant asks for the following order or other relief (set out concisely and precisely the nature of the order or other relief which the appellant asks the court of appeal to make or give and the reasons for asking for the order or other relief)

The address for service of the appellant is

Dated at ________________________in the Province of Newfoundland and Labrador this_____day of ______________, 20_____.

(Signature of appellant or the appellant’s solicitor)
(Phone number and email address of appellant or the appellant’s solicitor)

To: (name and address of the respondent)

22. Form 3 of the rules is repealed and the following is substituted:

 

FORM 3
(Heading of matter as in trial court)
CERTIFICATE OF COURT REPORTER

I certify that the ________________has ordered a transcript of the evidence at the trial of this matter in the (name of summary conviction court) at (location of court) together with reasons for judgment and sentence. I undertake to deliver to you for appeal purposes four copies of the transcript and of the reasons for judgment and sentence when I have completed each

Dated at ________________________in the Province of Newfoundland and Labrador this_____day of ______________, 20_____.

(Signature of Court Reporter)
(set out name and location of summary conviction court)

To: Supreme Court of Newfoundland and Labrador
(Address of judicial centre)

23. These amendments come into force on September 12, 2022

View the full notice in English and French, [here].