On August 1, 2018, new criminal appeal rules came into effect in Alberta: The Court of Appeal of Alberta Criminal Appeal Rules, SI/2018-34. The new rules substantially overhaul the previous ones and are intended to modernize and better reflect the process of criminal appeals in Alberta. Criminal appeals filed after August 1, 2018, are subject to the new rules, and it is the responsibility of legal professionals to familiarize themselves with the changes.
Some notable changes include the following:
- There are 11 new prescribed forms, including a prescribed form for an application for permission to appeal.
- An application for permission to appeal or a notice of appeal must be filed within one month of the decision date. If permission to appeal has been obtained, the notice of appeal must be filed within 10 days after permission has been granted.
- For a conviction appeal, there is now a deadline of 4 months to file an appeal record after the notice of appeal is filed. The deadline for serving an appellant factum is now 2 months after the appeal record is filed, or 6 months after the notice of appeal is filed, whichever comes first. There is also now a deadline to submit a respondent’s factum within 2 months after the appellant’s factum is served.
- There are new consequences for late filing. Where the appellant is represented by counsel, the appeal will be struck if a filing deadline is missed.
Applications to withdraw as counsel can now be heard by a single appeal judge, rather than a panel of 3 judges. - A formal judgment is not required unless an appellant is considering an appeal to the Supreme Court of Canada.
For more information, see the Notice prepared by the Court of Appeal of Alberta.
