Constitutional question act canada

courtofappealbc.ca

• Introduction
• Civil / Family Law
  • Guidebook for Appellants
    • Step 1: Deciding to appeal
      • 1.1 What is an appeal?
      • 1.2 Do you have a right to appeal your case?
      • 1.3 What happens to the order you are appealing?
      • 1.4 Deciding to appeal
      • 1.5 An appeal is expensive. What kind of help is there?
      • 1.6 What if you miss a deadline and are too late to appeal?
      • 2.1 How to start an appeal
      • 2.2 What to do if leave to appeal is required
      • 2.3 After obtaining or being refused leave to appeal
      • 2.4 Preparing an appeal record
      • 2.5 Obtain and file a transcript, if necessary
      • 2.6 Put together your appeal book
      • 2.7 Write your argument (factum)
      • 2.8 Replies
      • 2.9 Prepare a book of authorities
      • 2.10 Set a hearing date
      • 2.11 Prepare condensed books of evidence and authorities
      • 3.1 Making chambers applications
      • 3.2 Common applications
      • 3.3 How to prepare for the hearing
      • 3.4 What happens at the hearing
      • 3.5 Introducing fresh or new evidence
      • 4.1 Getting judgment
      • 4.2 Costs
      • 4.3 Court orders
      • Step 1: How to respond to an appeal
        • 1.1 What is an appeal?
        • 1.2 Does the appellant have a right to appeal?
        • 1.3 What happens to the order being appealed?
        • 1.4 How do I respond to an appeal?
        • 1.5 If the appellant applies for leave to appeal
        • 1.6 The appellant serves an appeal record
        • 1.7 The appellant may serve a transcript
        • 1.8 The appellant serves an appeal book
        • 1.9 Write your argument (factum)
        • 1.10 Prepare a book of authorities
        • 1.11 Setting a hearing date
        • 1.12 Prepare condensed books of evidence and authorities
        • 2.1 Making chambers applications
        • 2.2 Common applications
        • 2.3 Schedule the appeal for hearing (if the appellant does not)
        • 2.4 How to prepare for the hearing
        • 2.5 What happens at the hearing
        • 2.6 Introducing fresh or new evidence
        • 3.1 Getting judgment
        • 3.2 Costs
        • 3.3 Court orders
        • How to Appeal Your Sentence
          • Step 1: Reasons to appeal
            • 1.1 Before you start
            • 1.2 Reasons for appealing your sentence
            • 2.1 Gathering the forms you’ll need
            • 2.2 Filing a Notice of Appeal
            • 2.3 Filing a late Notice of Appeal
            • 2.4 Getting a court-appointed lawyer (section 684 application)
            • 3.1 Get transcripts of your sentence proceedings and file them
            • 3.2 File other documents
            • 3.3 Prepare your arguments and documents
            • 3.4 Prepare a written summary of your arguments
            • 3.5 How to apply for release on bail pending appeal
            • 3.6 Abandoning your appeal
            • 4.1 Address the court
            • 4.2 Possible results of an appeal
            • Step 1: Reasons to appeal
              • 1.1 Before you start
              • 1.2 Reasons for appealing your conviction
              • 2.1 Gathering the forms you need
              • 2.2 Filing a Notice of Appeal
              • 2.3 Filing a late Notice of Appeal
              • 2.4 Getting a court-appointed lawyer (section 684 application)
              • 3.1 File copies of your trial transcripts and appeal book
              • 3.2 Prepare your arguments and documents
              • 3.3 Do some research
              • 3.4 When you can use new evidence
              • 3.5 How to apply for release on bail pending appeal
              • 3.6 Abandoning your appeal
              • 4.1 Address the court
              • 4.2 Possible results of an appeal

              If an appeal relates to the constitutional validity of any statute, this Act provides that the party contesting the validity of the statute must notify the Attorney General of Canada and the Attorney General Of BC so that the Attorney(s) General (or a representative) may present argument to the Court of Appeal about the case.

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              Territorial Acknowledgement
              We would like to acknowledge that this material was published on the traditional unceded territory of the Coast Salish peoples, including the territories of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səl̓ílwətaʔɬ/ Selilwitulh (Tsleil-Waututh) Nations.

              Disclaimer

              This website and the Ask JES service provide legal help information, not legal advice. If you need legal advice, contact a BC lawyer.

              Territorial Acknowledgement
              We would like to acknowledge that this material was published on the traditional unceded territory of the Coast Salish peoples, including the territories of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səl̓ílwətaʔɬ/ Selilwitulh (Tsleil-Waututh) Nations.