Vol. 149, No. 12 — June 17, 2015

Registration

SI/2015-41 June 17, 2015

CRIMINAL CODE

Saskatchewan Court of Queen’s Bench Summary Conviction Appeal Amendment Rules, 2014

Pursuant to section 482 of the Criminal Code, R.S.C. 1985, c.C-46, and section 28 of The Queen’s Bench Act, the Court of Queen’s Bench for Saskatchewan makes the Saskatchewan Court of Queen’s Bench Summary Conviction Appeal Amendment Rules, 2014, in accordance with the attached Schedule, effective the 1st day of December, 2014:

October 24, 2014

MARTEL D. POPESCUL
Chief Justice Queen’s Bench

SASKATCHEWAN COURT OF QUEEN’S BENCH SUMMARY CONVICTION APPEAL AMENDMENT RULES, 2014

SCHEDULE

1. The Court of Queen’s Bench for Saskatchewan Summary Conviction Appeal Rules, being SI/2011–20, are amended in the manner set out below.

2. Sections 12 and 13 are repealed and the following substituted:

“Appellant’s memorandum of argument

12. The appellant’s memorandum of argument shall be in Form 3 and shall contain the following information:

(a) Part 1 Introduction: The appellant’s brief summary of the context for the appeal;
(b) Part 2 Jurisdiction and Standard of Review: The appellant shall state its position on each of the following matters:
- (i) the source of the right of appeal;
- (ii) the jurisdiction of the court to determine the appeal; and
- (iii) the applicable standard of appellate review;
(c) Part 3 Summary of Facts: The appellant shall concisely state the facts;
(d) Part 4 Points in Issue: The appellant shall concisely state the points in issue in the appeal;
(e) Part 5 Argument: The appellant’s argument setting out precisely the points of law or fact to be argued and the basis for the argument, with reference to the page and line of the transcript and the authorities relied on in support of each point. Any statute, regulation, rule, ordinance, bylaw or part thereof relied upon shall be copied as an appendix to the memorandum or separately filed;
(f) Part 6 Relief: The precise order the appellant desires the court to make;
(g) Part 7 Authorities: A table of authorities relied upon by the appellant, arranged alphabetically. Citations shall be done in compliance with the Citation Guide for the Courts of Saskatchewan.

“Respondent’s memorandum of argument

13. The respondent’s memorandum of argument shall be in Form 4 and shall contain the following information:

(a) Part 1 Introduction: The respondent’s brief summary of the context for the appeal;
(b) Part 2 Jurisdiction and Standard of Review: The respondent shall state its position on each of the following matters:
- (i) the source of the right of appeal;
- (ii) the jurisdiction of the court to determine the appeal; and
- (iii) the applicable standard of appellate review;
(c) Part 3 Summary of Facts: The respondent shall concisely accept, modify or supplement the appellant’s statement of facts as required;
(d) Part 4 Points in Issue: The respondent shall accept or respond to each point in issue raised in the appellant’s memorandum and add such additional points as it wishes to raise. The respondent shall state any intentions and the reasons to argue the judgment should be upheld, in whole or in part, for reasons not found in the judgment and not raised in the appellant’s memorandum;
(e) Part 5 Argument: The respondent’s argument, setting out concisely the points of law or fact to be argued and the basis for the argument, with reference to the page and line of the transcript and the authorities relied on in support of each point. Any statute, regulation, rule, ordinance, bylaw or part thereof relied upon shall be copied as an appendix to the memorandum or separately filed;
(f) Part 6 Relief: The precise order the respondent desires the court to make; and
(g) Part 7 Authorities: A table of authorities relied upon by the respondent, arranged alphabetically. Citations shall be done in compliance with the Citation Guide for the Courts of Saskatchewan.

3. Forms 3 and 4 are repealed and the following substituted

“FORM 3

Q.B.G. No _________ of 20 ______

IN THE COURT OF QUEEN’S BENCH

JUDICIAL CENTRE OF __________________________

BETWEEN:

_____________________________________________________

APPELLANT

AND

_____________________________________________________

RESPONDENT

APPELLANT’S MEMORANDUM OF ARGUMENT

1. Introduction:

2. Jurisdiction and Standard of Review:

3. Summary of Facts:

4. Points in Issue:

5. Argument:

6. Relief:

7. Authorities:

DATED at __________________, Saskatchewan, this _____ day of ____________ 20 ___.

_______________________________________________

(Signature of Appellant or Appellant’s Lawyer)

TO: The Local Registrar of the Judicial Centre of _________________________________

AND TO: The Respondent, __________________________________________________

This document was delivered by: ____________________________________________

________________________________________________________________________

(name, address, telephone number, fax number and email address of appellant or appellant’s lawyer)

“FORM 4