Subject: TURMEL: Supreme Court of Canada Act & Rules

From: [email-masked] (John Turmel)
Date: 18 Sep 1996 13:52:31 GMT

SUPREME COURT OF CANADA ACT
 
Robin Hood Gaming House Appeal Relevant Sections:
 
Section 40:
     (1) Subjecto subsection (3), an appeal lies to the Supreme 
Court from any final judgment of the highest court of final 
resort in a province where the Supreme Court is of the opinion 
that any question involved therein is, by reason of its public 
importance or the importance of any issue of law or any issue of 
mixed law and fact involved in that question, one that ought to 
be decided by the Supreme Court  or is, for any other reason, of 
such a nature or significance as to warrant decision by it, and 
leave to appeal from that judgment is accordingly granted by the 
Supreme Court. 
 
     (2) An application for leave to appeal under this section 
shall be brought in accordance with paragraph 58(1)(a).  
 
     (3) No appeal from the judgment of an indictable offence 
except in respect of a question of law or jurisdiction.
 
Section 43: 
     (1) An application to the Supreme Court for leave to appeal 
shall be made to the Court in writing and the Court shall 
          (a) grant the application by reason of its public 
importance or the importance of any issue of law or any issue of 
mixed law and fact involved in the question, one that ought to be 
decided by the Supreme Court;
          (b) dismiss the application if it is clear there is no 
question involved as described in paragraph (a); and  
          (c) order an oral hearing to determine the application 
in any other case. 
 
Section 58: 
     (1) The following provisions with respect to time periods 
apply to proceedings in appeals:
          (a) in the case of an appeal for which leave to appeal 
is required, the notice of application for leave to appeal and 
all materials shall be served on all other parties and filed with 
the Registrar of the Court within 60 days after the date of the 
judgement appealed from. 
     (2) The months of July and August shall be excluded in the 
computation of a time period referred to in subsection (1). 
 
Sections 60-64 for appeals
 
                  SUPREME COURT OF CANADA RULES
 
     4. The Court or a judge, or the Registrar when authorized by 
these rules, may excuse a party from complying with any of the 
provisions of the rules.  
 
     5. The Court or a judge, or the Registrar when authorized by 
these rules, may at any time extend or abridge the time for doing 
ay act or taking any proceeding. 
 
     12. A party to any proceedings may appear on his own behalf 
or by counsel. 
 
     15.4 A party shall cause his name and address for service to 
be entered in the court docket kept by the Clerk of Process. 
 
     16.1 Service of any document may be made by:
          (a) personal service 
          (b) registered or certified mail or by courier;
          (c) facsimile of the document except for documents 
referred to in Rule 23 [Application for Leave to Appeal], Rule 33 
[Case on Appeal], Rule 37 & 41 [Factums]. 
 
     16.2 Proof of service shall be verified by:
          (a) an affidavit of service in Form A;
          (b) a certificate of service by sheriff or bailiff;
          (c) an admission of service endorsed by party counsel;
          (d) an affidavit annexing:
               (i) a post office receipt or a receipt card 
bearing the signature of the person served; or
               (ii) a written admission of service by the person 
served by facsimile. 
 
     21.1 The style of cause shall be set out on the cover page 
of:
          (c) an application for leave to appeal;
          (d) a motion before the Court. 
 
STYLE OF CAUSE 
     21.2 The nbame of the applicant or appellant shall be set 
out fist with the designation "Applicant" or "Appellant" as the 
case may be followed by his status in the court of first instance. 
 
     21.3 Then shall follow the name of each party against whose 
interest the proceeding is launched followed by the designation 
"Respondent" and his status in the court of first instance. 
 
     21.5 The description of status in the court of first 
instance referred to in this Rule shall be in parentheses.
 
     21.6 The status of a party in the Court of Appeal shall not 
be set out. 
 
MOTIONS BEFORE A JUDGE OR REGISTRAR
     22.1 All motions before a judge or Registrar shall be 
brought by notice in writing in accordance with Form B and shall 
be supported by an affidavit and, when necessary, a concise 
memorandum setting out the submission in support of the motion. 
     22.2 There shall be no oral argument unles otherwise 
directed.
     22.3 An application shall serve the motion and supporting 
material on all other parties and shall file the original and 
four copies with the Registrar.
     22.4 A respondent may respond to the motion by serving and 
filing with the Registrar a concise memorandum setting out the 
submissions in response to the motion within 7 clear days after 
the service of the notice of motion and supporting material. 
     22.5 An applicant may serve and file with the Registrar a 
reply to a response within 3 clear days after service of the 
response. 
     22.7 The time periods may be extended or abridged by the 
Registrar. 
 
APPLICATION FOR LEAVE 
     23.1 An application for leave shall consist of the following 
documents assembled in the following manner and order: 
          (a) a cover page on which shall appear, in the 
following order,
               (i) the title "IN THE SUPREME COURT OF CANADA",
               (ii) the name of the court appealed from, in 
parentheses,
               (iii) the complete style of cause as set out in 
Rule 21,
               (iv) a statement of the nature of the application 
and the section of the statute or rule on which the application 
is based,
               (v) The names, addresses, telephone numbers and 
fax numbers for counsels for the parties on the left and their 
respective agents, if any, on the right;
 
          (b) a complete table of contents chronologically 
indicating the dates of listed materials, including appendices, 
and the page numbers at which they commence; and
 
          (c) the following documents in the following order, 
namele,
               (i) a notice of application for leave in Form B.1.
               (ii) an affidavit in support of the application 
for leave, if required,
               (iii) the materials that the party intends to rely 
on, in chronological order,
               (iv) all formal judgments and the respective 
reasons for judgment.
               (v) a memorandum or argument not exceeding 20 
pates in length, unless otherwise ordered by a judge or the 
Registrar, and signed by the party appearing in person which 
memorandum shall be divided into 5 parts as follows, namely,
                    Part I: a brief statement of facts, 
                    Part II: a concise statement of the points in 
issue,
                    Part III: a brief statement of argument,
                    Part IV: the nature of the order requested,
                    Part V: a table of authorities arranged 
alphabetically, together with a reference to the pages in the 
argument where they are cited, and
               (vi) copies of the relevant sections of the 
statutory enactments the party intends to rely on set out as 
appendices to the application for leave. 
 
          (2) Paragraphs in Parts I to IV inclusive shall be 
numbered consecutively.
          (4) Where materials are reproduced in the appeal book 
filed with the court appealed from, that appeal book may be filed 
with the Registrar in lieu of the documents unless otherwise 
ordered by the Registrar. 
          (5) All materials shall be prepared in accordance with 
Rule 33 and subsection 39(4), with such modifications as the 
circumstances require, unless otherwise ordered by the Registrar. 
          (6) The respondent may file with the Registrar a 
response prepapred in accordance with subsections (1)  to (5) 
with such modifications as the circumstances require. 
          (7) The applicant may file with the Registrar a reply 
to the respondent's response that does not exceed 5 pates in 
length, unless otherwise ordered by the Registrar. 
          (8) The color of the application for leave and of the 
reply shall be grey and that olf the response shall be green.
          (9) The Applicant shall file 5 copes of the 
application for leave except that where an appeal book is filed 
in accordance with subsection (4), 3 copies of the appeal book 
may be filed. 
          (10) An applicant shall serve and file the application 
with the Registrar within the time set out in paragraph 58(1)(a) 
and subsection 58(2) of the Act.
          (11) The Respondent shall, within 30 days after the 
Sorry, gotta go. jct:
--
John C. "The Engineer" Turmel, Leader, Abolitionist Party of Canada
111-1505 Baseline Rd. Ottawa K2C 3L4 Canada, Tel/Fax:613-723-2739
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