Defence application for extension of time to file a notice of appeal. Application filed 9 months after the appeal period had expired. Accused was in custody serving a 30 month sentence. Affidavit set out that accused believed that he had provided a Notice of Appeal, or a request for a Notice of Appeal, to the jail within the 30 day limit.
Held: Application granted.
Broad discretion to extend the time for filing of an appeal where it would be just to do so. Test: (1) bona fide intention to appeal with the 30 day limit; (2) Crown not seriously prejudiced; (3) applicant has not benefitted from the judgment that he/she seeks to appeal; (4) reasonable chance of success on the appeal: Truong, 2007 ABCA 127. Test met. Accused was under the control of the jail, and was unrepresented at the time that he was trying to file an appeal.
A. Sanders – Defence Counsel