Prince Edward Island Court of Appeal
Where do I turn for information about a legal problem?
Community Legal Information Association of PEI can provide you with information about the justice system and the law.
Where can I find a lawyer?Depending on your situation, you may wish to look into the following legal representation services:
- In rare cases, the Court of Appeal may appoint a lawyer to represent you if have have been denied legal aid. You must make an application to the court to receive this service. Form 82H, Form 82I and Rule 82.18 provide information to assist you in making this application.
What resources are available if I choose to represent myself?
If you do not have a lawyer for an appeal, you will need to prepare and file your documents and do the legal research to represent yourself. You will need to understand the court system, what documents to file, the law specific to your case and the possible arguments for your case.
For a summary of the procedure for a civil appeal:
The following resources may help you understand the principles of sentencing:
- Martin’s Annual Criminal Code offers examples of errors made by trial judges when applying the principles of sentencing (see the annotations following sections 687, 718, 718.1, and 718.2). It is available from the Law Society library.
Sentencing by Clayton C. Ruby et al. (6th. Ed. 2004) is a useful textbook available in the Courthouse Library.
What do I do if I am in custody and intend to file a criminal appeal?
If you are in custody when the Notice of Appeal is filed, your appeal will be considered a "prisoner appeal." You must use the Notice of Appeal (Form 82B). For instructions on how to file and serve the Notice of Appeal, please refer to Rules 82.04 and 82.05.
In a prisoner appeal, the Crown is responsible for obtaining the transcript of proceedings at your trial and also for preparing the appeal book.
If you are seeking a criminal appeal while in custody and you wish to apply for release from custody pending appeal, the requirements for making this application are explained in Rule 82.19. You may also find helpful information in "How to Commence a Criminal Appeal".
Additional Information on Topics of Law: