Appeals to the Supreme Court of Canada

Appeals to the Supreme Court of Canada

DATE: May 20, 2008

PURPOSE: The purpose of this guideline is to provide the procedures for initiating, handling, and discontinuing appeals to the Supreme Court of Canada

PROCEDURES:

Initiation Of Appeals/Applications

An appeal or application by the Crown to the Supreme Court of Canada in a criminal or quasi-criminal proceeding requires the written authority of the Attorney General or Deputy Attorney General. No appeal or application shall be initiated without such authority having been given.

To secure the necessary authority, Crown counsel seeking to have an appeal or application proceeded with by the Crown shall make a written recommendation to the Director of the Appeals Branch. If the Director of the Appeals Branch endorses the recommendation to proceed with an application or appeal to the Supreme Court of Canada, the Director will notify the Assistant Deputy Minister (Criminal Justice Division) and, if the Assistant Deputy Minister concurs, a recommendation to proceed with the application or appeal will be made to the Deputy Minister.

Where the Crown is Respondent to an appeal or application to the Supreme Court of Canada, the Appellate Counsel, Crown Prosecutor, Chief Crown Prosecutor, or Branch Director who receives, on behalf of the Crown, notice of such application or appeal shall, as soon as possible, notify the Director of the Appeals Branch who shall in turn, as soon as possible, notify the Assistant Deputy Attorney General (Criminal Justice) and the Deputy Attorney General.

Interventions

All information and notices concerning interventions shall be forwarded to the Director of the Appeals Branch. No intervention in any case before the Supreme Court of Canada will occur without the authority of the Deputy Attorney General.

To secure the necessary authority, a written recommendation to intervene shall be made to the Director of the Appeals Branch. If the Director of the Appeals Branch endorses the recommendation to intervene in the Supreme Court of Canada, the Director will notify the Assistant Deputy Minister (Criminal Justice Division) and, if the Assistant Deputy Minister concurs, a recommendation to intervene will be made to the Deputy Minister.

Handling Of Appeals

Carriage of all forms of appeals, applications, or motions to or before the Supreme Court of Canada is the responsibility of the Appeals Branch. Crown Prosecutors who are not members of the Appeals Branch may, with the consent of the Assistant Deputy Minister (Criminal Justice) have carriage of any appeal, application, or motion before the Court, but when so doing are responsible to and accountable to the Director of the Appeals Branch.

Applications for judicial interim release pending any appeal or application to the Supreme Court of Canada shall be handled by Appellate Counsel of the Appeals Branch or, with the particular consent of the Assistant Deputy Minister (Criminal Justice), by any Crown Prosecutor or by Ottawa agents for the Department of the Attorney General.

Factums of the Crown shall be reviewed by the Director of the Appeals Branch and the Assistant Deputy Minister (Criminal Justice) before filing with the Supreme Court of Canada.

Discontinuing Appeals

A Crown application or appeal to the Supreme Court of Canada shall not be abandoned without the authority of the Deputy Attorney General.

An Appellate Counsel or Crown Prosecutor proposing to abandon an application or appeal to the Supreme Court of Canada shall consult with the Director of the Appeals Branch who will, in turn, consult with the Assistant Deputy Minister (Criminal Justice Division).