Criminal Rules, Practice Directives and Forms – Appeals / Summary Conviction Appeals

The General Division of the Supreme Court hears appeals of matters that were prosecuted by summary conviction. Matters that are prosecuted by summary conviction are generally less serious criminal offences and provincial regulatory offences. By contrast, appeals of criminal matters that were prosecuted by indictment – which is generally how more serious crimes are prosecuted – are heard in the Court of Appeal. The procedure outlined in this section applies only to appeals of matters prosecuted by summary conviction in the Provincial Court of Newfoundland and Labrador. If you are appealing a criminal matter prosecuted by way of indictment, please consult the Court of Appeal’s website for more information.

The procedure for summary conviction appeals is set out in the Criminal Appeal Rules of the Supreme Court of Newfoundland and Labrador (the “Rules”), linked below. This Process Overview explains the basic procedural steps involved in such appeals.

The Criminal Law Handbook for Self-Represented Accused, prepared by the Canadian Judicial Council, also provides information on the criminal appeal process, starting at page 84. The Court highly recommends consulting this reference, as well, if you are self-represented.

Process at a Glance

The diagram below highlights the process commonly followed in a summary conviction appeal. Note that your case may proceed differently or have different steps, depending on the circumstances (for instance, if you make specific applications – see below). Further details and explanation are provided under the diagram.

Commencing an Appeal

It is important to know that both convictions (or orders) and sentences can be appealed. The Rules state that the initial steps for starting an appeal must be completed within 30 days after the conviction or order was made, or the sentence was imposed, whichever is later. This means, for example, that if a conviction is entered, but the sentence is set to be imposed at a later date, the time for starting the appeal does not begin to run until the Judge imposes the sentence.

The document required to start an appeal is called a Notice of Appeal. This form can be downloaded from a link at the bottom of this page. The Rules require the Notice of Appeal to be in writing and to be signed and dated by the Appellant or their lawyer. The Rules set out the required information in the Notice of Appeal. It must state:

• The Summary Conviction Court that entered the conviction or imposed the sentence;
• The specific conviction or sentence itself;
• The offence with which the defendant was charged and the place where it was committed;
• The place where the trial in the Summary Conviction Court was held;
• The date on which the conviction was entered or on which the sentence was imposed;
• Whether the appeal is from the conviction or order, the sentence imposed, or the conviction or order and the sentence imposed;
• The nature of the order or relief the appellant will ask the Supreme Court to make, and the reasons they are asking for that relief;
• If the appellant is in custody, whether they wish to be present in person when the appeal is heard;
• The appellant’s address for service.

The Notice of Appeal must be filed with the Registrar at the Supreme Court of Newfoundland and Labrador and served on the Respondent (the other party at the initial trial) within 30 days after the conviction was entered or order was made, or the sentence was imposed, whichever is latest. The appellant must also file proof of the Notice of Appeal’s service on the Respondent with the Register no later than 7 clear days after the last available day for service of the Notice of Appeal.

Notice to Trial Court

After the Notice of Appeal is filed with the Registrar, they will send a copy to the Summary Conviction Court. The Rules state that the Summary Conviction Court then has 10 days after they receive the copy to send certain information to the Registrar. This information is:

• The conviction, order, or order of dismissal; and,
• All other material in its possession in connection with the proceedings.

This ensures that the Supreme Court has copies of the administrative documents it needs in order to hear the appeal.

Ordering of Transcripts and Reasons

It is the Appellant’s responsibility, either before or at the time of the filing of the Notice of Appeal, to notify the Summary Conviction Court that four (4) copies of the transcript of the evidence in that court and the reasons for the judgement and sentence are required for use in the appeal.

Where the evidence was at trial was taken by a Court Reporter or was recorded with a sound recording device, the Appellant shall file with the Registrar at the same time as the Notice of Appeal, a certificate of the Court Reporter stating that four copies of the transcript of evidence and Judge’s reasons have been ordered.

When the Registrar receives the transcript of the evidence and the reasons for the judgement and sentence, they will send a copy each to the Appellant and the Respondent.

In some matters, it is possible that evidence may not have been recorded by a Court Reporter or a sound recording device. Where this happens, the Trial Judge shall provide the Supreme Court with four copies of the notes they used and wrote during the hearing.

Where the appeal is from the sentence imposed only, it is possible for the parties to agree that a transcript of evidence is unnecessary. Where they reach this agreement, a party can apply to the Supreme Court for an order that the transcripts can be dispensed with.

Statement of Points to Be Argued on Appeal

Once a copy of the transcript is received, the Appellant ought to next file with the Registrar a signed, concise Statement of the Points of Fact and Law the Appellant intends to argue on the Appeal. The Statement should reference both the evidence that was before the Trial Judge and any legal authorities the Appellant will seek to rely on in support of their position. This Statement must then be served on the Respondent. While the Rules do not set out a strict deadline by which the Appellant must file their Statement, efforts should be made to do so in a reasonably prompt manner.

After the Respondent receives the Appellant’s Statement of the Points of Fact and Law, they have 14 days to file their own similar Statement with the Registrar and to deliver a copy to the Appellant. The Respondent should state, where possible, facts in the Appellant’s Statement that the Respondent accepts or rejects, and their reply to the points the Appellant has indicated they intend to argue.

The Rules state that it is not an absolute requirement that such a Statement be filed in order for the appeal to be heard, but they also note that an omission or delay in filing the Statement may be reflected in an award of costs made against the non-filing party.

Miscellaneous Applications (not pictured in the diagram)

The Rules provide for different applications the parties may file with the Supreme Court before the appeal is heard. The first allows for either party to make an Application for an Extension of Time Limit to the Supreme Court. These applications can be made without notice to the other side, but the Rules do grant the Court the authority to direct service of the Notice of Application on the other party so that they may be heard at the application hearing.

Next, where an Appellant entered a guilty plea in their trial at the Summary Conviction Court, the Registrar will enter the appeal so that there will first be a preliminary hearing as to whether the Appellant will be permitted to withdraw their guilty plea. This is known as an Application to Withdraw a Guilty Plea. Before the appeal can be heard, the Court must first permit the guilty plea to be withdrawn.

It is also possible for the Appellant to make an Application for Re-Trial, rather than an appeal on the evidence before the Summary Conviction Court. The time limit for doing so is seven days after the Appellant receives the transcript evidence from the Summary Conviction Court, or a certificate from the Court Reporter that a transcript cannot be provided. This is done by way of a Preliminary Application called a Notice of Motion, which includes the material the Appellant is relying on in support of their Application. The Notice of Motion and supporting material must be served on the Respondent at least seven days before the return date the Application is set to be heard.

Finally, where the Defendant is in custody, it is possible for them to make an Application for Release of Defendant prior to the hearing of the appeal. The Rules require that at least one full day’s written notice be given to the Prosecutor and filed with the Registrar.

Time, Place, and Manner of Appeal

When the Registrar receives the required material from the Summary Conviction Court and a transcript of the evidence, they will enter the case on a list of appeals to be heard by the Supreme Court and fix the time and place for the hearing.

The Rules require that the time and place be fixed so that both the Appellant and the Respondent will receive at least 14 days’ notice. The Registrar can serve notice of the hearing by way of prepaid registered mail.

Any party to the appeal may present their argument in writing before the Supreme Court on the day of the appeal, or by filing it with the Registrar at any time before the day fixed for the hearing of the appeal. Where all parties to the appeal submit written arguments, the Court may dispense with the need for an oral hearing, and may decide the appeal based on written materials.

Order

Following the hearing, the Judge will then make an Order based on the information before them during the appeal.

Appeals from matters tried by a summary conviction court are dealt with in accordance with Part XXVII of the Criminal Code, and the rules and practice directives listed below.

Appeals in summary conviction proceedings are governed by the Criminal Appeal Rules of the Supreme Court of Newfoundland and Labrador / Règles des appels en matière criminelle de la Cour suprême de Terre-Neuve et Labrador.

Rule 26 of those rules provides that, where a matter is not dealt with in those rules, parties may apply the Rules of the Supreme Court, 1986, with such modifications as are required.

There are no Practice Directives currently governing summary conviction appeals.

The following forms are used in summary conviction appeals:

IMPORTANT NOTES:

*All original signatures must be in BLUE INK.

*To ensure your web browser is loading the most recent version of forms on this website, please refresh your browser by hitting the Shift + F5 keys after opening a form.

Form 1 – Notice of Appeal (Defendant)	Word Processor Version (English)	Word Processor Version (Français)	PDF Version (English)
Form 2 – Notice of Appeal (Crown)	Word Processor Version (English)	Word Processor Version (Français)	PDF Version (English)
Form 3 – Certificate of Court Reporter	Word Processor Version (English)	Word Processor Version (Français)	PDF Version (English)
Application for Extension of Time to File Notice of Appeal			PDF Version (English)
Affidavit of Service			PDF Version (English)
Notice to the Respondent			PDF Version (English)