Crown application pursuant to Rule 843 of the Rules of Court as incorporated by s. 678 CC for an extension of time to serve a notice of appeal. Crown appeal from a stay entered on a sexual assault charge. Notice of appeal served at 8:09 am on the 31st day after the decision under appeal.
Held: Application granted.
Chan, 2012 ABCA 250 followed. A key issues is whether or not the Crown acted with due diligence in appealing and attempting to serve the notice of appeal. Crown in present case “approached the matter appropriately with the seriousness that was required.” Time periods for service are delegated to the Courts of the Province as per ss. 678(1) and 482 CC. The current 30 day rule is set out in 843(2) Rule of Court. “New criminal appeal rules may be in effect later this year.”