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Can I represent myself or do I have to hire a lawyer to appear before the Court of Appeal?
You may represent yourself in proceedings before the Court of Appeal; however because the process may be complex, it is preferable if you hire a lawyer to represent you. You cannot have another person who is not a lawyer speak on your behalf, unless you have permission of the Court. In addition, as staff members are not lawyers, they cannot provide any legal advice. It is recommended that you consult with a lawyer of your choice about your rights and the remedies available to you.
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What if I do not know which lawyer to hire or cannot afford to hire a lawyer?
For assistance you may contact the following organizations:
Dial-a-Law:
1-800-332-1091
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Lawyer Referral Service
1-800-661-1095
Legal Aid Services
Edmonton (780) 427-7575
Student Legal Services:
Edmonton (780) 492-2226
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Edmonton Centre for Equal Justice:
(780) 702-1725
Legal Aid Services:
Calgary (403) 297-2260
Student Legal Assistance:
Calgary (403) 220-6637
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Are there Rules or Acts that govern appeals?
All appeals, whether Civil, Maintenance, Criminal Conviction or Criminal Sentence, are governed by one or more of the following:
Once on the Queen's Printer Webpage, select the applicable "Acts" or "Regulations" tab.
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I am preparing my own documents. Do you have forms that I can use as a guide?
For ease of reference, check/return forms for frequently used documents are located on the Alberta Courts website. These forms provide information specific to the requirements of each document and are updated as the requirements change. Information with respect to a document where a check/return form is not available may be obtained by contacting the Registry or consulting with a lawyer of your choice.
Self-represented packages for the preparation of a Civil Notice of Appeal and a Notice of Motion and the corresponding interactive forms are also located on the Alberta Courts website.
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Will the progress of my appeal be monitored?
Civil Appeals, excluding appeals from Maintenance Only:
The appeal is added to the General Appeal list to be spoken to at every Civil Speak to List until the matter is scheduled to be heard. The Civil Speak to List commences at 1:30 p.m., unless otherwise directed by the Court.
Appeals from Maintenance Only:
If you are appealing maintenance only and the notice of appeal is filed 11 business days or more prior to the speak to date, the appeal will be placed on the current Maintenance Speak to List. If the notice of appeal is filed 10 business days or less prior to the speak to date, the appeal will go over to the next Maintenance Speak to List.
The appeal remains on this list to be spoken to at every Maintenance Speak to List until the matter is scheduled to be heard.
The Maintenance Speak to List commences at 9:30 a.m., unless otherwise directed by the Court.
Conviction/Decision/Acquittal Appeals:
If the notice of appeal is filed 11 business days or more prior to the speak to date, the appeal will be placed on the current Criminal Speak to List. If the notice of appeal is filed 10 business days or less prior to the speak to date, the appeal will go over to the next Criminal Speak to List.
If the Appellant is not represented by counsel, the Registrar sends a letter advising them of the first date that their appeal will be spoken to and what is expected of them. Appellants that are in custody are not brought in to speak to the list unless the List Manager directs otherwise.
The appeal remains on the list to be spoken to at every Criminal Speak to List until the matter is scheduled to be heard.
The Criminal Speak to List commences at 10:00 a.m., unless otherwise directed by the Court.
Sentence Appeals:
Sentence Appeals are not spoken to. The Sentence Appeal Practice Direction dated October 2001 governs these appeals. To determine which hearing list your appeal will be on, please refer to: www.albertacourts.ab.ca/ca/practicenotes/i.htm.
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When is Counsel required to gown?
Counsel are required to gown when appearing before a panel of justices - appeal hearings and Motions Court. Counsel are not required to gown when appearing before one justice in chambers or at Speak to Lists.
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How are judges selected/appointed to the Court of Appeal?
Court of Appeal justices are appointed by the federal government. To be considered for appointment, an applicant or nominee must be a Canadian citizen and a lawyer in good standing who has been in practice for at least ten years. Federally appointed Advisory Committees exist in each province and territory to screen applicants. The list of those approved by the Committee is provided to the federal Minister of Justice who in turn makes recommendations to Cabinet for appointment to the Bench.
Further details with respect to appointments to the Bench and applications for appointment as a federally appointed judge are included in the Federal Judicial Appointments Process, which is located at: http://www.fja.gc.ca/
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How do I file a complaint against a judge?
You must first determine whether your complaint is about a decision of a judge or the conduct of a judge.
1) If you are not satisfied with a decision of the Court or a judge, it is recommended that you consult with a lawyer of your choice, legal aid office or a community legal clinic about your rights and the remedies available to you.
Further information with respect to filing an application for leave to appeal to the Supreme Court of Canada is provided on their website at:
2) If you are not satisfied with the conduct of a judge (not the decision of a judge), you may forward your concerns, in writing, to either or both the Chief Justice of Alberta or the Canadian Judicial Council (addresses below), providing the details of the conduct which is of concern to you.
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Chief Justice of Alberta
Law Courts
1A Sir Winston Churchill Square
Edmonton, Alberta T5J 0R2
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Canadian Judicial Council
Suite 450, 112 Kent Street
Ottawa, Ontario K1A 0W8
Fax: (613) 288-1575
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Can I appeal a judgment or order of a Court of Appeal justice?
A judgment or order made by one justice of appeal may only be appealed with leave of the justice giving the judgment or making the order. See Rule 505(6). Therefore, in order to appeal a judgment or order of a Court of Appeal justice, an application for leave to appeal must first be filed. The application must be scheduled to be heard in Justice Chambers by the same justice that granted the original judgment or order. Please contact the appropriate Court of Appeal Registry to determine the next available dates and times. Refer to the Chambers Applications FAQ for further information.
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