General Practice Direction Regarding All Proceedings in the Court of Appeal
Effective: March 29, 2021
Released: March 15, 2021
Revisions Released: March 31, 2021; July 6, 2021; September 27, 2021; October 26, 2021; November 1, 2021; November 10, 2021; December 17, 2021; January 10, 2022; March 22, 2022; April 26, 2022; August 22, 2022; September 13, 2022; October 17, 2022; March 28, 2023; May 10, 2023
(i) Appeals by the Crown
(ii) Appeals by the Accused
As noted in paragraph 7 of this Practice Direction, parties must file all documents electronically. Paper copies of documents are not required. The requirements of the Rules of Civil Procedure, the Criminal Appeal Rules, the Family Law Rules, and all existing practice directions and guidelines requiring the filing of paper copies of documents in the Court of Appeal are dispensed with unless otherwise ordered by the court.
(i) Filing by Email
The court cannot access cloud-based file-sharing services that use two-stage verification, require online registration (including by requesting that a user enter a name or email address), or are blocked by the court’s network due to firewall restrictions, including WeTransfer.
Subject: C12345 – Appellant’s Factum [Note: Publication ban under s. 134(11) of the Child, Youth and Family Services Act]
Please note that the materials in the attached factum are subject to a statutory prohibition under s. 134(11) of the Child, Youth and Family Services Act on publishing or making public information that has the effect of identifying a witness at or a participant in a hearing, or a party to a hearing other than a society.
(ii) Filing by USB Key
In addition, as further explained at paragraph 116, parties to a hearing may share the Zoom link, webinar/meeting ID and password, and telephone numbers for the hearing with anyone that wishes to observe the hearing remotely, unless the hearing is in camera.
Unless permission is given by the court, it is an offence under s. 136 of the Courts of Justice Act, R.S.O. 1990, c. C.43, punishable by a fine of not more than $25,000 or imprisonment of up to six months, or both, to record any part of the hearing, including by way of screenshot/capture and photograph, as well as to publish, broadcast, reproduce or disseminate any such recording.
This warning will be included with the Zoom link, webinar/meeting ID and password, and telephone numbers for the hearing provided to the parties by the court.
(i) Return to Previous Standard Wording
You must surrender into custody at the institution from which you were released by 7:00 a.m. on the day of the hearing of the appeal or by 7:00 a.m. on [insert “sunset date”], whichever is earlier.
(ii) New Release Orders
(iii) Existing Release Orders
(iv) Release Orders Made on Applications for Release Following an Appeal Hearing and Pending Release of a Reserved Judgment
You must surrender into custody at the institution from which you were released by 7:00 a.m. on the day the judgment is to be released.
March 28, 2023
Chief Justice Michael H. Tulloch