Vol. 151, No. 25 — December 13, 2017

Registration

SI/2017-76 December 13, 2017

CRIMINAL CODE

Pursuant to subsections 482(1) (see footnote a) and (3) (see footnote b) and section 482.1 (see footnote c) of the Criminal Code (see footnote d), the Court of Queen’s Bench of Alberta makes the annexed Court of Queen’s Bench of Alberta Criminal Procedure Rules.

Calgary, November 17, 2017

Mary T. Moreau
Chief Justice

Court of Queen’s Bench of Alberta Criminal Procedure Rules

PART 1

Interpretation, Application and General Principles

Definitions

1 The following definitions apply in these Rules.

Code means the Criminal Code. (Code)

Court means the Court of Queen’s Bench of Alberta. (Cour)

Application

2 Unless otherwise expressly provided in an enactment, these Rules apply to any criminal or summary conviction appeal proceeding.

Purpose and interpretation

3 (1) These Rules are intended to facilitate the just disposition of criminal proceedings in Alberta, and must be construed in a liberal and practical manner to secure the fair and expeditious resolution of the proceedings in which they are applied.

For greater certainty

(2) Nothing in these Rules is to be construed as limiting the jurisdiction or authority of the Court or a judge.

Court’s discretionary power

4 (1) To implement and advance the purpose and intention of these Rules, the Court may make any order with respect to practice or procedure, in any proceeding before the Court.

For greater certainty

(2) Without limiting the authority of the Court under these Rules, the Court may do one or more of the following:

PART 2

Applications

DIVISION 1

Form and Contents of Applications

Application

5 (1) Unless otherwise indicated in these Rules, every application under this Part must be made on notice in Form CC1.

Place and filing of application

(2) An application must be brought by filing it with the Court in the judicial centre where the criminal proceeding to which the application relates is being or is to be heard.

Exception

(3) If the application is urgent, or the Court otherwise allows, it may be brought without notice for the sole purpose of scheduling dates for service and the hearing.

Hearing of application

6 An application must be heard on the date and at the time set by the Court in the judicial centre where the application is to be heard.

Filing and service of supporting documents

7 At least seven days before the date of the hearing, the applicant must file the following supporting documents with the Court and serve them on the persons listed in Rule 8:

Persons to be served

8 The application and supporting documents must be served on the following persons:

Failure to appear

9 If the applicant fails to appear at the hearing of the application, the Court may dismiss the application as having been abandoned.

Presence of accused

10 An accused person may designate counsel or a student-at-law to appear on his or her behalf by filing Form CC2 with the Court, or another document acceptable to the Court.

DIVISION 2

Application for Mandamus, Certiorari, Habeas Corpus or Prohibition

Application

11 (1) In an application under these Rules for mandamus, certiorari, habeas corpus or prohibition, the following rules apply:

Conflict

(2) If there is a conflict between Division 1 of this Part and Part 3, Division 2, Subdivision 2 of the Alberta Rules of Court, Division 1 of this Part prevails.

DIVISION 3

Application for Judicial Interim Release or Detention Review

Judicial interim release

12 (1) An application for judicial interim release or the judicial review of an order regarding judicial interim release must be brought by filing Form CC3 with the Court in the judicial centre where the accused is in custody or where the trial is to take place.

Service

(2) The application must be served on the respondent at least two days before the date set for the hearing of the application.

Detention review

13 (1) An application for detention review under section 525 of the Code must be brought by an institution of detention, which must file Form CC4 with the Court in the judicial centre where the accused is in custody or where the trial is to take place.

Notice to institution and to accused

(2) On receipt of the application for detention review, the Court must advise the institution of the date and time of the hearing and provide a copy of Form CC5 to the designated counsel or, if there is no counsel designated, to the institution, to be provided to the accused.

DIVISION 4

Application for a Remedy under the Canadian Charter of Rights and Freedoms

Application and service

14 An application for a remedy based on an alleged violation of an accused’s rights or freedoms guaranteed by the Canadian Charter of Rights and Freedoms must be in Form CC1 and brought in accordance with Division 1, except that the application and supporting documents must be filed with the Court and served on the parties at least seven days before the date of the pre-trial conference or at least 60 days before the date of the trial, whichever is earlier, or as directed by the Court.

DIVISION 5

Application for Challenge for Cause

Notice of application and service

15 (1) If the prosecutor or the accused wishes to challenge a juror under paragraph 638(1)(b) of the Code, that party must, at least 60 days before the date of the scheduled jury selection, file with the Court and serve on the other party a notice of the application for the challenge and provide a copy of the notice to the court coordinator in the judicial centre where the trial is to be held.

Contents of notice

(2) The notice must set out the ground for the proposed challenge in accordance with section 639 and Form 41 of the Code.

Scheduling of pre-trial conference

(3) On receipt of the copy of the notice, the court coordinator must schedule a pre-trial conference between the trial judge or case management judge, the prosecutor and the accused to resolve issues raised in the application.

DIVISION 6

Application Relating to an Authorization or Warrant

Application

16 An application relating to an authorization, warrant or similar order must be made in accordance with the enabling statute or, if no procedure exists in the enabling statute or there is no enabling statute, in accordance with Division 1.

Documents required for application

17 If Division 1 applies to the application, the applicant must provide, in addition to the supporting documents required under Rule 7,

DIVISION 7

Application for an Order Restricting Publication or Public Access

Applications to which this rule applies

18 (1) This Division applies to an application for any of the following orders, unless the order is required by statute:

Applications to impose or set aside a sealing order

(2) An application for an order to seal an entire Court file or to set aside all or any part of an order to seal a Court file must be made to

Other applications

(3) Any other application under this Division must be made to the trial judge, or, if no trial judge has been assigned, to another judge.

Filing and service

(4) In addition to complying with the requirements of Division 1 and with any direction the Court may make with respect to any other persons to be served, the applicant must file three paper copies of Form CC6 with the clerk in the judicial centre where the application is to be heard and provide to that clerk one electronic copy of the form.

Notice

(5) If the clerk has a list of media organizations registered for electronic distribution, the clerk must forward the filed electronic copy of Form CC6 to those organizations.

Posting of Form CC6

(6) The clerk must post a copy of the filed Form CC6 in a place reserved for giving public notice at the courthouse where the application is to be heard.

PART 3

Pre-Trial Conferences

DIVISION 1

General Provisions

Cases requiring a pre-trial conference

19 A pre-trial conference must be held in any case that is to be tried by a judge and jury and in any case that is anticipated to take at least three days, unless a case management judge has been appointed or a judge, on application, orders otherwise.

Date of first pre-trial conference

20 The first pre-trial conference must be held within 120 days after the filing of the indictment or the order committing the accused to stand trial, whichever occurs first.

Pre-trial conference location

21 (1) A pre-trial conference must be conducted in the judicial centre where the trial will be held, unless otherwise ordered by a judge.

Pre-trial conference in courtroom

(2) A pre-trial conference involving an unrepresented accused, or a represented accused who wishes to be present, must be conducted in a courtroom.

Additional pre-trial conferences

22 (1) The pre-trial conference judge or another judge of the Court may order that additional pre-trial conferences be held in order to promote a fair and expeditious trial or resolution of the proceeding.

Presiding judge

(2) If possible, any additional pre-trial conference must be conducted by the initial pre-trial conference judge.

DIVISION 2

Submissions and Reports

Submissions

23 Each party to a pre-trial conference must prepare submissions by completing the pertinent parts of Form CC7 and provide a copy of this form to every other party to the proceeding and to the clerk in the appropriate judicial centre within the following periods:

Report by pre-trial conference judge

24 (1) The pre-trial conference judge must prepare a report in Form CC7 and provide it to each of the parties for their approval within the period and on the conditions the pre-trial conference judge considers appropriate.

Report provided to court coordinator

(2) The pre-trial conference judge must remove and destroy the page of the report relating to the parties’ positions on sentence, and the remainder of the report must be provided to the court coordinator and must not be disclosed to the public unless otherwise ordered by the judge.

Report provided to trial judge

(3) The court coordinator must provide a copy of the report to the trial judge.

DIVISION 3

Recording and Transcript of Pre-Trial Conference

Recording of pre-trial conference

25 (1) A pre-trial conference that is conducted in a courtroom must be recorded, but the recording must not be published, broadcast or transmitted in any way, unless otherwise ordered by the pre-trial conference judge.

Request for transcript

(2) No transcript or recording of a pre-trial conference may be requested except on notice to all parties and with the prior written approval of the pre-trial conference judge.

Publication, broadcast or transmission with approval of judge

(3) If a transcript or recording has been requested, no information contained in the transcript or recording may be published, broadcast, transmitted or used in any way except on notice to all parties and with the prior written approval of the pre-trial conference judge.

No publication or disclosure of sentencing discussions

(4) No information with respect to sentencing discussions or the parties’ positions may be published or disclosed in any way.

DIVISION 4

Discussions at Pre-Trial Conference

Parties’ commitments

26 (1) Unless otherwise ordered by the pre-trial conference judge, all parties must be in a position to make commitments on issues that are reasonably anticipated to arise from the contents of the pre-trial submissions made by them.

Power of pre-trial conference judge

(2) The pre-trial conference judge may inquire about, discuss and make recommendations on any matter that could promote the fair and expeditious conduct of the proceeding, including

Sentencing issues

27 (1) The pre-trial conference judge must raise and discuss

Judge’s opinion

(2) The pre-trial conference judge may express his or her opinion about the fitness of any proposed sentencing disposition based on the circumstances disclosed at the pre-trial conference.

PART 4

Case Management and Joint Hearings

Application

28 An application under sections 551.2 to 551.7 of the Code must be made in accordance with Division 1 of Part 2, unless otherwise ordered by the case management judge or the joint hearing judge.

PART 5

Summary Conviction Appeals

Definitions

29 The following definitions apply in this Part.

adjudication includes the following:

appeal means an appeal from or against an adjudication. (appel)

appeal court means the Court of Queen’s Bench of Alberta sitting as an appeal court. (cour d’appel)

judge means a judge of the appeal court. (juge)

Notice of appeal

30 (1) A notice of appeal must be in Form CC8 and must be filed with the clerk in the judicial centre closest to the court where the summary conviction proceeding was held.

Place of appeal

(2) The appeal and all applications relating to the appeal must be made and heard at the Court in the judicial centre closest to the court where the summary conviction proceeding was held, unless the appeal court otherwise orders or the parties otherwise consent.

Time for filing of notice of appeal

31 (1) The appellant must file a notice of appeal with the clerk within 30 days after the conviction, judgment, acquittal or order was made or the sentence was imposed, whichever occurs later.

Service of notice of appeal on respondent

(2) If the appellant is the prosecutor, the notice of appeal must be served personally on the respondent or in any manner a judge directs or authorizes.

Clerk to send notice of appeal to prosecutor

(3) If the appellant is not the prosecutor, the clerk must send the filed notice of appeal to the prosecutor as soon as possible under the circumstances.

Scheduling of appeal hearing

32 (1) On receipt of a notice of appeal that appears to meet the requirements of this Part, the clerk must schedule the appeal for hearing on a date that is not earlier than 60 days and not later than 120 days after the date of filing of the notice of appeal, and must indicate the date and time of the appeal hearing on the notice of appeal.

Notice of date of hearing of appeal

(2) On scheduling a date for the hearing of an appeal, the clerk must immediately notify all parties in writing.

Notice of date of appeal to summary conviction court

(3) The clerk must give prompt notice of the appeal to the summary conviction court and must, prior to the hearing, obtain the relevant court file, including any exhibits, from the summary conviction court.

Ordering of transcript

33 (1) The appellant must, within 30 days after the filing of the notice of appeal, request in writing from the appropriate court reporter sufficient copies of the transcript of the proceedings before the summary conviction court for the appeal court and all other interested parties.

Receipt for transcript request

(2) Within 10 days after the request for the transcript, the appellant must provide to the clerk a receipt as evidence of the request.

Contents of transcript

(3) The transcript must contain all of the evidence and proceedings before the summary conviction court, unless the appeal court orders otherwise, or the parties agree, but no agreement of the parties is binding on the appeal court.

Transcript for appeal concerning only sentence

(4) If the parties consent and the appeal concerns only the sentence, the appellant may provide to the appeal court and to the respondent only the transcript of the proceedings relating to the sentence.

Appellant’s memorandum

34 (1) If a date has been scheduled for the hearing of an appeal, the appellant must, at least 30 days before that date, file with the clerk and serve on the respondent and the other interested parties, or their counsel, a brief memorandum

Respondent’s memorandum

(2) The respondent must, at least 15 days before the date scheduled for the hearing of the appeal, file with the clerk and serve on the appellant or the appellant’s counsel a brief memorandum setting out

Judicial interim release

35 Judicial interim release pending the appeal may be granted conditionally or unconditionally by the appeal court, or may be refused.

PART 6

Repeals

36 (1) The Court of Queen’s Bench for Alberta Summary Conviction Appeal Rules (see footnote 1) are repealed.

(2) The Rules Pursuant to Section 424 of the Criminal Code with Respect to Mandamus, Certiorari, Habeas Corpus and Prohibition as published in Part I of the Canada Gazette on July 13, 1968 are repealed.

(3) The Alberta Court of Queen’s Bench Rules Respecting Pre-Trial Conferences (see footnote 2) are repealed.

Coming into Force

Publication

37 These Rules come into force on the day on which they are published in the Canada Gazette.

Form CC1

(Subrule 5(1) and rule 14)

Clerk’s Stamp

COURT FILE NUMBER

COURT

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

CROWN

HER MAJESTY THE QUEEN

ACCUSED

DOCUMENT

APPLICATION BY (name and status of applicant)

ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT

__________________________________________________________

Notice to Respondent(s)

This application is made for the purpose of obtaining an order against you. As the respondent, you have the right to state your side of this matter before the Judge.

To do so, you must be present in Court when the application is heard on the date and at the time and place indicated below:

Date:

Time:

Place:

Judge:

(Please see the end of this document for information on additional measures and their applicable time limits.)

Remedy sought:

Grounds for making this application:

Material relied on:

Applicable rules:

Applicable Acts and regulations:

WARNING: If you do not attend the hearing either in person or through your lawyer, the Court may grant the application in your absence. You will be bound by any order that the Court makes. If you wish to take part in this application, you or your lawyer must attend Court on the date and at the time shown at the beginning of this form. If you intend to rely on an affidavit or other evidence when the application is heard or considered, you must give reasonable notice of the evidence to the applicant.

Form CC2

(Rule 10)

Clerk’s Stamp

COURT FILE NUMBER

COURT

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

CROWN

HER MAJESTY THE QUEEN

ACCUSED

DOCUMENT

APPOINTMENT OF COUNSEL BY DESIGNATION
(under subsection 650.01(1) of the Criminal Code)

ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT

I designate my lawyer, or any other lawyer or student-at-law, instructed by my lawyer, to appear on my behalf in relation to the following Indictment, or any related replacement Indictment:

Indictment Number:

Charges:

I understand that the Court may still require me to appear in person and that I must appear in person whenever evidence is heard, jurors are selected and, if applicable, the sentence is handed down.

I also understand that it is my responsibility to ensure that my lawyer has my current contact information at all times.

Signature of Accused: ______________________________

Signature of Counsel: _________________________________

Dated this __________ day of _____ 20 ___ at ____________, Alberta.

Form CC3

(Subrule 12(1))

Clerk’s Stamp

COURT FILE NUMBER

COURT

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

CROWN

HER MAJESTY THE QUEEN

ACCUSED

DOCUMENT

APPLICATION FOR JUDICIAL INTERIM RELEASE OR JUDICIAL REVIEW OF AN ORDER REGARDING JUDICIAL INTERIM RELEASE

ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT

____________________________________________________________________

HEARING DATE:

ACCUSED SURNAME:

GIVEN NAME(S):

DATE OF BIRTH:

CHARGE(S): (Please attach copy of the indictment(s).)

Next Court appearance:

☐ Election & plea

☐ Preliminary inquiry

☐ Trial

Has complete disclosure been obtained on these charges? ☐ Yes ☐ No

JUDICIAL INTERIM RELEASE PREVIOUSLY DENIED OR GRANTED:

Date:

Court:

Grounds:

Previous Court of Queen’s Bench reviews scheduled:

Date:

Reason for adjournment:

Date:

Result:

NATURE OF THE APPLICATION:

☐ Review of denial of release:

☐ Review of condition of no contact:

☐ Review of other condition(s) (please specify):

☐ Reduce cash bail from $__________ to $__________

☐ Other (please specify):

GROUNDS FOR APPLICATION:

☐ Error in Court below (please specify):

☐ Change in circumstances (please specify):

☐ New evidence to be relied on:

Documents to be presented at hearing: (Please attach with application and include a transcript of previous proceeding(s).)

ESTIMATED TOTAL TIME FOR HEARING OF APPLICATION:

Crown:

Defence:

☐ I am currently in possession of all the information I require to make this application on the hearing date.

Signature of Applicant or Counsel: _____________________________

Name in block letters: ______________________________________

Date: ___________________________________________________

Form CC4

(Subrule 13(1))

Clerk’s Stamp

COURT FILE NUMBER

COURT

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

CROWN

HER MAJESTY THE QUEEN

ACCUSED

DOCUMENT

APPLICATION FOR DETENTION REVIEW
 (under section 525 of the Criminal Code)

ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT

_______________________________________________________

This section is to be completed by the institution of detention and forwarded to the clerk of the Court.

Accused:

Date of birth:

Co MIS:

Please be advised that the accused was remanded in custody on __ (date) and will next appear on __ (date) on the following charge(s):

(copy of warrant(s) attached)

Charge(s)

Docket Number(s)

In accordance with subsection 525(1) of the Criminal Code, the detention is over ☐ 90 days ☐ 30 days and must be brought before a judge for a hearing.

_____________________
Sentence Administrator

_________________________
Institution of Detention

___________________
Date

This section is to be completed by the clerk of the Court and a copy is returned to the institution of detention holding the accused.

Date of hearing: _______________________________

Crown prosecutor: _____________________________________

Defence counsel: ___________________________________

Decision: __________________________________

Judge: _____________________________________

Clerk of the Court: __________________________________________

Date: ____________________

Form CC5

(Subrule 13(2))

Clerk’s Stamp

COURT FILE NUMBER

COURT

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

CROWN

HER MAJESTY THE QUEEN

ACCUSED

DOCUMENT

DETENTION REVIEW
(under section 525 of the Criminal Code)

ADDRESS FOR SERVICE
AND CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT

I, ________________________________(name of Accused), understand that I have a right to have my continued detention in custody reviewed by a judge of the Court of Queen’s Bench of Alberta. I also understand that I have a right to be personally present when the Court conducts the review.

Regarding my rights,

  1. ☐ I do seek to be released at this time.
    • ☐ I want to be present at the hearing to review my continued detention.
    • ☐ I do not want to be present at the hearing to review my continued detention.
  2. ☐ I do not seek to be released at this time and waive the review.

Date: __________________________________

Signature of Accused or Counsel for Accused: ________________________

Name in block letters: ___________________________________

Form CC6

(Subrules 18(4) to (6))

Clerk’s Stamp

COURT FILE NUMBER

COURT

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

CROWN

HER MAJESTY THE QUEEN

ACCUSED

DOCUMENT

APPLICATION FOR AN ORDER RESTRICTING PUBLICATION OR PUBLIC ACCESS

ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT

NOTICE TO RESPONDENT(S)

Name of Applicant ______________________________________________, who is the

☐ Crown

☐ Accused

☐ Witness

☐ Other (please specify):

intends to apply for an order restricting publication or public access to Court proceedings or records.

You have the right to state your side of this matter before the Judge. To do so, you must be present in Court when the application is heard on the date and at the time and place indicated below:

Date:

Time:

Place:

Judge:

Please see the end of this document for information on additional measures and their applicable time limits.

Remedy sought:

Please specify the nature of the order sought (for example, publication ban, sealing order, order prohibiting the identification of witnesses (including through the use of pseudonyms), an order for an in camera hearing, or any other order for non-disclosure or restricting access.)

Proposed duration of the order(please specify):

Evidence relied on:

Please describe the evidence that is to be relied on (affidavit, viva voce or other).

Applicable rules:

1. Rule 18 of the Court of Queen’s Bench of Alberta Criminal Procedure Rules.

Please list any further rules that are to be relied on:

Applicable Acts and Regulations:

WARNING

The information that is the subject of the application must not be published without the Court’s permission before the application is heard.

If you do not attend Court either in person or through your lawyer, the Court may grant the application in your absence. You will be bound by any order that the Court makes. If you want to take part in this application, you or your lawyer must attend Court on the date and at the time shown at the beginning of this form. If you intend to rely on an affidavit or other evidence when the application is heard or considered, you must give reasonable notice of the evidence to the applicant.

A person may make an application for an order restricting publication only if a judge has authority to make such an order under an enactment or at common law.

* Note: If the ban or sealing order relates to the identity of a party, that party may be temporarily identified by their initials until the hearing of the application.

Form CC7

(Rule 23 and subrule 24(1))

Clerk’s Stamp

COURT FILE NUMBER

COURT

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

CROWN

HER MAJESTY THE QUEEN

ACCUSED

DOCUMENT

PRE-TRIAL CONFERENCE REPORT

(under section 625.1 of the Criminal Code)

ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT

This report pertains to: (Please specify the full name of the accused indicated on the indictment.)

Counsel at trial: (Please include the names of counsel appearing at the pre-trial conference, if different from trial counsel.)

Crown:

(Name, address, telephone number, fax number and e-mail address)

Defence:

(Name, address, telephone number, fax number and e-mail address)

Date of pre-trial conference:

Pre-trial Conference Judge :

Date of trial:

Assigned trial judge, if known:

Assigned case management judge, if appointed:

Length of trial:

Sufficient trial time? ☐ Yes ☐ No

Time estimates:

Crown:

Anticipated number of Crown witnesses:

Crown time estimate for voir dire(s):

Evidence:

Argument:

Crown time estimate for trial:

Defence:

Anticipated number of Defence witnesses:

Defence time estimate for voir dire(s):

Evidence:

Argument:

Defence time estimate for trial:

Total time estimate for trial (including sentencing):

Schedule of Crown witnesses:

Will a schedule be provided? ☐ Yes ☐ No

Have subpoenas been issued/served? ☐ Yes ☐ No

1 Charges and Synopsis:

2 Chronology:

3 Form of Judicial Interim Release:

4 Preliminary Inquiry:

5 Disclosure:

6 Mode of Trial:

7 Language of Trial: ☐ N/A

8 Interpreters: ☐ N/A

9 Pre-trial motions on the indictment: ☐ N/A

10 Fitness to Stand Trial: ☐ N/A

CROWN PRE-TRIAL APPLICATIONS

11 Statements of the Accused: ☐ N/A

12 Other Disreputable Conduct Evidence, including Similar Facts: ☐ N/A

13 Principled Exception to the Hearsay Rule: ☐ N/A

14 After-the-fact Conduct Evidence: ☐ N/A

15 Intercepted Private Communications: ☐ N/A

16 Other Legal Issues Crown Counsel Anticipates will Arise requiring Rulings: ☐ N/A

17 Competence of Witnesses: ☐ N/A

18 Manner in which Evidence is to be Presented: ☐ N/A

19 Support Person: ☐ N/A

20 Publication Ban/Deferred Publication Order: ☐ N/A

21 Privilege Issues: ☐ N/A

DEFENCE PRE-TRIAL APPLICATIONS

22 Challenge to Legislation: ☐ N/A

23 Applications to Stay Proceedings: ☐ N/A

24 Applications to Exclude Evidence under subsection 24(2) of the Canadian Charter of Rights and Freedoms: ☐ N/A

25 Applications for Production of Third-Party Records : ☐ N/A

26 Evidence of the Complainant’s Prior Sexual Activity – section 276 of the Criminal Code: ☐ N/A

27 Character of Victim: ☐ N/A

28 Other Legal Issues or Evidential Issues Anticipated by Defence Counsel: ☐ N/A
(e.g. third party suspect)

29 Expert Witnesses:

29.1 Crown Expert Witnesses: ☐ N/A

29.2 Defence Expert Witnesses: ☐ N/A

OTHER ISSUES RELATED TO TRIAL

30 Photographs: ☐ N/A

31 Absence of Accused from Court: ☐ N/A

32 Additional Courtroom Equipment Required: ☐ N/A

33 Courtroom Security Issues: ☐ N/A

34 Witness Issues: ☐N/A

35 Documentary Evidence:

35.1 Crown: ☐ N/A

35.2 Defence: ☐ N/A

35.3 Sufficient Copies for Jury: ☐ Yes ☐ No ☐ N/A

36 Other Potential Issues: ☐ N/A

37 Judges Disqualified or Should not Hear the Case:

38 Is it anticipated that any of the following defences or issues will be raised?

39 Non-Contentious Issues:

Crown seeks to Admit

Not Contested

Identity of the accused

☐

☐

Jurisdiction

☐

☐

Continuity of possession of exhibits

☐

☐

Medical evidence

☐

☐

Documentary evidence

☐

☐

Ownership

☐

☐

Value of property

☐

☐

Accused as driver

☐

☐

Death or injuries caused by accused

☐

☐

Expert’s report

☐

☐

Age of complainant

☐

☐

Nature of drug

☐

☐

Amount of drug is “for the purpose of trafficking”

☐

☐

Value of drug

☐

☐

Service of notice

☐

☐

Photographs

☐

☐

40 Other Factual, Evidentiary or Legal Admissions Sought by the Crown, or Conceded by the Defence:

41 Affidavit or Certificate of Evidence: ☐ N/A

42 Jury Charge Issues: ☐ N/A

(Please check all that apply.)

43 Victims:

44 Is the Accused Aboriginal? ☐ Yes ☐ No

45 Will the Crown seek forfeiture of proceeds of crime or property? ☐ Yes ☐ No

46 Any other issues? ☐ Yes ☐ No

Please specify:

ACCUSED:

Corbett Application:

What is the accused’s criminal record?

Does the accused intend to bring a Corbett application? ☐ Yes ☐ No

Sentence Positions:

Crown’s position on sentence on plea(s) of guilty before trial based on information currently known to the Crown:

Plea(s) on which count(s)?

Sentence:

Is the Crown’s position based on a joint submission? ☐ Yes ☐ No

Is the Crown’s position in addition to, or subject to reduction for, pre-trial custody? ☐ Yes ☐ No

Please specify:

Defence’s position on sentence on guilty plea(s) to offence and/or included offence:

Corollary Orders Sought by Crown:

Crown’s position on sentence after trial based on information currently known to the Crown:

If the accused pleads or is found guilty, will the Crown seek a dangerous or long-term offender designation? ☐ Yes ☐ No

NOTE: Please save the form in the following format: Last Name of Accused-Docket #.pdf

Form CC8

(Subrule 30(1))

Clerk’s Stamp

COURT FILE NUMBER

COURT

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL CENTRE

APPELLANT(S) ___________________________________________________________

RESPONDENT(S) ___________________________________________________________

DOCUMENT

NOTICE OF APPEAL

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT _______________
(Name, address, telephone number, fax number, email address)

The Appeal will be heard before a Judge of the Court of Queen’s Bench on the date and at the time and place indicated below:

Date: _________________________________________

Time: ________________________________________

Place: ________________________________________

The Court of Queen’s Bench of Alberta Criminal Procedure Rules require an Appellant to, at least 30 days before the date of the hearing of this appeal, file with the clerk in the applicable judicial centre and serve on the Respondent and other interested parties a transcript of the proceedings before the summary conviction court, as well as a memorandum containing argument and relevant passages from the statutes, regulations and legal authorities and the full citation for each of these on which the Appellant intends to rely, and particular references to the evidence to be discussed in relation to the grounds of appeal.

1 TAKE NOTICE that the Appellant wishes to appeal to the Court of Queen’s Bench of Alberta, sitting at _________________________, in the Province of Alberta, the decision of the Provincial Court of Alberta set out below.

2 The full name of the Appellant, if not her Majesty the Queen, is

3 The aspect of the Provincial Court decision being appealed from is

Particulars of the decision:

4 The grounds of appeal are as follows:
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__________________________________________________________________________________________________________
__________________________________________________________________________________________________________

5 The Appellant seeks the following relief or remedy:
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
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Dated in ____________ this ____________day of ____________ 2___________.
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______________________________________________
Signature of Appellant or Appellant’s lawyer

The Appellant estimates the time required to present his or her argument is __________ minutes.

An Appellant who is not the Crown must, after filing this document with the clerk, serve a copy of it on the appropriate Crown Prosecutor’s office.