Procedural Charts

The following are charts outlining the typical steps in various types of proceedings that can be brought before the Court Martial Appeal Court of Canada.

Appeal of a decision made by the Courts martial
Application for release pending appeal (when applicant did not apply for release before the Courts martial)
Application for review of a direction of a military judge to release a person from custody or to retain a person in custody
Application for review of conditions of an undertaking (release pending appeal)
Notice of motion commencing an appeal of:

Disclaimer statement:

The procedural charts provided here have been prepared for informational and educational purposes. The charts are not intended to provide legal advice or definitive guidance with respect to proceedings before the Court Martial Appeal Court of Canada. Please carefully review the provisions of the National Defence Act and the Rules of the Court Martial Appeal Court for the procedural requirements applicable in your case. A party or their counsel are responsible for performing their own due diligence independently of the information provided here.

TYPICAL STEPS IN AN APPEAL OF A DECISION MADE BY THE COURT MARTIAL
Who	Does what	When	Applicable section /rule^{Footnote 1} /schedule
Appellant	Files Notice of Appeal with the Registry^{Footnote 2}	Within 30 days after the date on which the court martial terminated its proceedings	Sections 230, 230.1 and 232 of the NDA^{Footnote 3} Rules 5(1)(b), 23.1 and 23.1(4.2)
Appellant	Serves Notice of Appeal on the Respondent and the Court Martial Administrator	Within 10 days after filing Notice of Appeal	Rules 5(2) and 23
Appellant	Files Proof of service with the Registry	Within 10 days after serving Notice of Appeal	Rules 5(2), 23.1 and 23.1(4.2)
Respondent	Serves Notice of Appearance OR Notice of Cross-Appeal on the Appellant and Court Martial Administrator	Within 15 days after being served with the Notice of Appeal	Rules 5(3) and 23 Schedule 1 or 2
Respondent	Files Notice of Appearance OR Notice of Cross-Appeal with the Registry	Within 15 days after being served with the Notice of Appeal	Rules 5(3), 23.1 and 23.1(4.2) Schedule 1 or 2
Court Martial Administrator	Files five copies of the appeal book with the Registry	Within 90 days after being served with the Notice of Appeal	Rule 6(5) Rule 23.1 and 23.1(4.2) Schedule 4
Court Martial Administrator	Serves appeal book on both the Appellant and Respondent	Within 90 days after being served with the Notice of Appeal	Rule 6(5) Rule 23
Appellant	Serves Memorandum of Fact and Law on the Respondent	Within 30 days after being served by the Court Martial Administrator with the appeal book	Rules 7 and 23
Appellant	Files five copies of Memorandum of Fact and Law with the Registry, unless it is filed by electronic transmission	Within 30 days after being served by the Court Martial Administrator with the appeal book	Rules 7, 23.1 and 23.1(4.2)
Respondent	Serves Memorandum of Fact and Law on the Appellant	Within 30 days after being served with the Appellant’s Memorandum of Fact and Law	Rules 9 and 23
Respondent	: Files five copies of Memorandum of Fact and Law with the Registry, unless it is filed by electronic transmission	Within 30 days after being served with the Appellant’s Memorandum of Fact and Law	Rules 9, 23.1 and 23.1(4.2)
Appellant	Serves Memorandum of Fact and Law on the Respondent (Only if the Respondent served a Notice of cross-appeal seeking to vary the decision under appeal)	Within 30 days after being served with the Respondent’s Memorandum of Fact and Law	Rules 10 and 23
Appellant	Unless it is filed by electronic transmission, files five copies of Memorandum of Reply with the Registry (Only if the Respondent served a Notice of cross-appeal seeking to vary the decision under appeal OR with leave of a judge applied for within 10 days after the date of service of the respondent's Memorandum of Fact and Law)	Within 30 days after being served with the Respondent’s Memorandum of Fact and Law	Rules 10, 23.1 and 23.1(4.2)
Appellant	Serves Requisition for Hearing on the Respondent	Within 20 days after being served with the Respondent's Memorandum of Fact and Law OR within 20 days of having served the Appellant’s Memorandum in Reply, as the case may be	Rules 11 (1) and 23 Schedule 5
Appellant	Files Requisition for Hearing with the Registry	Within 20 days after being served with the Respondent's Memorandum of Fact and Law OR within 20 days of having served the Appellant’s Memorandum in Reply, as the case may be	Rules 11 (1), 23.1 and 23.1(4.2) Schedule 5
Respondent	Serves Requisition for Hearing on the Appellant (Only if the Appellant does not file a requisition for hearing within the timeframe provided in Rule 11(1))	Any time after the 20-day timeframe provided in Rule 11(1)	Rule 11(2) and 23 Schedule 5
Respondent	Files Requisition for Hearing with the Registry (Only if the Appellant does not file a requisition for hearing within the timeframe provided in Rule 11(1))	Any time after the 20-day timeframe provided in Rule 11(1)	Rule 11(2), 23.1 and 23.1(4.2) Schedule 5
The appeal is then scheduled and heard by the Court Martial Appeal Court of Canada

IMPORTANT:

All documents, other than the Appeal Book and the Notice of Appeal, must be filed with proof of service (Please see Rules 23(8) and 23.1(6) along with Schedules 8 and 9)

TYPICAL STEPS IN AN APPLICATION FOR RELEASE PENDING APPEAL BY A JUDGE OF THE CMAC
Who	Does what	When	Applicable section /rule¹ /schedule
Applicant	Serves Notice of Motion and supporting Affidavit on the Respondent. The Applicant may attach to the Notice of Motion written representations.	When the Applicant has not applied under section 248.1 of the NDA^{Footnote 3} (see section 248.2 of the NDA^{Footnote 3}) Any time after an appeal under Division 9 of the NDA^{Footnote 3}has been commenced, if the applicant has not already applied for release to the Court Martial	Section 248.2 of the NDA^{Footnote 3} Rules 12, 23, and 24 Schedules 3 and 7
Applicant	Files Notice of Motion and supporting Affidavit with the Registry. The Applicant may attach to the Notice of Motion written representations.	When the Applicant has not applied under section 248.1 of the NDA^{Footnote 3} (see section 248.2 of the NDA^{Footnote 3}) Any time after an appeal under Division 9 of the NDA^{Footnote 3} has been commenced, if the applicant has not already applied for release to the Court Martial	Section 248.2 of the NDA^{Footnote 3} Rules 12, 23, and 24 Schedules 3 and 7
Any Other Party	Serves consent to the motion on any other parties OR serves an affidavit and written representation in reply to oppose the motion on any other parties.	Within 15 days after being served with a Notice of Motion	Rule 23 and 24 (3.1)
Any Other Party	Files consent to the motion with the Registry OR files an affidavit and written representation in reply to oppose the motion with the Registry.	Within 15 days after being served with a Notice of Motion	Rule 23.1, 23.1(4.2) and 24 (3.1)

IMPORTANT:

All documents must be filed with proof of service (Please see Rules 23(8) and 23.1(6) along with Schedules 8 and 9)

TYPICAL STEPS IN AN APPLICATION FOR REVIEW OF ANY DIRECTION OF A MILITARY JUDGE TO RELEASE A PERSON FROM CUSTODY OR TO RETAIN A PERSON IN CUSTODY
Who	Does what	When	Applicable section /rule^{Footnote i} /schedule
Applicant	Files Application for review, including a Notice of Motion and supporting Affidavit with the Registry. The Applicant may attach written representations to his or her Notice of Motion	at any time before the commencement of a person’s trial before the courts martial.	Section 159.9 of the NDA^{Footnote 3} Rules 5(1)(a), 5(2), 12(1), 23.1, 23.1(4.2), 24 and 25 Schedules 3 and 7
Applicant	Serves Application for review, including the Notice of Motion and supporting Affidavit and written representations (as applicable) on the Respondent and Court Martial Administrator.	Within 10 days after filing Application for Review	Rule 5(2) Rule 23
Applicant	Files Proof of service with the Registry	Within 10 days after serving Application for Review	Rule 5(2) Rule 23.1 and 23.1(4.2)
Respondent	Serves Notice of Appearance OR Notice of Cross-Appeal on the Applicant and the Court Martial Administrator	Within 15 days of being served with an Application for Review	Rule 5(3)(a) Schedule 1 Rule 5(3)(b) Schedule 2 Rule 23
Respondent	Files Notice of Appearance OR Notice of Cross-Appeal with the Registry	Within 15 days of being served with an Application for Review	Rule 5(3)(a) Schedule 1 Rule 5(3)(b) Schedule 2 Rule 23.1 and 23.1(4.2)
Any Other Party	Serves consent to the motion on any other parties OR serves an affidavit and written representation in reply to oppose the motion on any other parties.	Within 15 days after being served with an Application for Review	Rule 24(3.1) Rule 23
Any Other Party	Files consent to the motion with the Registry OR files an affidavit and written representation in reply to oppose the motion with the Registry	Within 15 days after being served with an Application for Review	Rule 24(3.1) Rule 23.1 and 23.1(4.2)

IMPORTANT:

All documents, other than the Application for Review, must be filed with proof of service (Please see Rules 23(8) and 23.1(6) along with Schedules 8 and 9)

TYPICAL STEPS IN AN APPLICATION FOR REVIEW OF THE CONDITIONS OF AN UNDERTAKING WHEN A PERSON IS RELEASED PENDING APPEAL
Who	Does what	>When	Applicable section /rule¹ /schedule
Applicant	Files Application for review, including a Notice of Motion and supporting Affidavit with the Registry. The Applicant may attach written representations to his or her Notice of Motion	At any time from the date of the undertaking to be reviewed	Section 248.8 of the NDA^{Footnote 3} Rules 5(1)(c), 5(2), 12(1), 23.1, 23.1(4.2), 24 and 25 Schedules 3 and 7
Applicant	Serves Application for review, including a Notice of Motion and supporting Affidavit and written representations (as applicable) on the Respondent and Court Martial Administrator.	Within 10 days after filing Application for Review	Rule 5(2) Rule 23
Applicant	Files Proof of service with the registry	Within 10 days after serving Application for Review	Rule 5(2) Rule 23.1 and 23.1(4.2)
Respondent	Serves Notice of Appearance OR Notice of Cross-Appeal on the Applicant and the Court Martial Administrator	Within 15 days of being served with an Application for Review	Rule 5(3)(a) Schedule 1 Rule 5(3)(b) Schedule 2 Rule 23
Respondent	Files Notice of Appearance OR Notice of Cross-Appeal with the Registry	Within 15 days of being served with an Application for Review	Rule 5(3)(a) Schedule 1 Rule 5(3)(b) Schedule 2 Rule 23.1 and 23.1(4.2)
Any Other Party	Serves consent to the motion on any other parties OR serves an affidavit and written representation in reply to oppose the motion on any other parties.	Within 15 days after being served with an Application for Review	Rule 24(3.1) Rule 23
Any Other Party	Files consent to the motion with the Registry OR files an affidavit and written representation in reply to oppose the motion with the Registry	Within 15 days after being served with an Application for Review	Rule 24(3.1) Rule 23.1 and 23.1(4.2)

IMPORTANT:

All documents, other than the Application for Review, must be filed with proof of service (Please see Rules 23(8) and 23.1(6) along with Schedules 8 and 9)

TYPICAL STEPS IN A NOTICE OF MOTION COMMENCING AN APPEAL OF THE REFUSAL TO GRANT A PERSON’S APPLICATION TO BE RELEASED FROM DETENTION OR IMPRISONMENT; or

TYPICAL STEPS IN A NOTICE OF MOTION COMMENCING AN APPEAL OF AN ORDER CANCELLING THE DIRECTION THAT AUTHORIZED THE PERSON TO BE RELEASED AND DIRECT THAT A PERSON BE DETAINED IN CUSTODY; or

TYPICAL STEPS IN A NOTICE OF MOTION COMMENCING AN APPEAL OF AN ORDER DIRECTING THAT THE PERSON MAY REMAIN AT LIBERTY ON HIS GIVING A NEW UNDERTAKING.
Who	Does what	When	Applicable section /rule¹ /schedule
Applicant	Files Notice of Motion and supporting Affidavit with the Registry. The Applicant may attach written representations to his or her Notice of Motion	At any time from the date of refusal to grant a person’s application to be released from detention or imprisonment OR at any time from the date an order under section 248.81 of the NDA^{Footnote 3}is issued	Section 248.9 of the NDA^{Footnote 3} Rule 5(1)(d), 5(2), 12(1), 23.1, 23.1(4.2), 24 and 25 Schedules 3 and 7
Applicant	Serves Notice of Motion and supporting Affidavit and written representations (as applicable) on the Respondent and Court Martial Administrator	Within 10 days after filing Notice of Motion	Rule 5(2) Rule 23
Applicant	Files Proof of service with the Registry	Within 10 days after serving Notice of Motion	Rule 5(2) Rule 23.1 and 23.1(4.2)
Respondent	Serves Notice of Appearance OR Notice of Cross-Appeal on the Applicant and the Court Martial Administrator	Within 15 days after being served with Notice of Motion	Rule 5(3)(a) Schedule 1 Rule 5(3)(b) Schedule 2 Rule 23
Respondent	Files Notice of Appearance OR Notice of Cross-Appeal with the Registry	Within 15 days after being served with Notice of Motion	Rule 5(3)(a) Schedule 1 Rule 5(3)(b) Schedule 2 Rule 23.1 and 23.1(4.2)
Any Other Party	Serves consent to the motion on any other parties OR serves an affidavit and written representation in reply to oppose the motion on any other parties.	Within 15 days after being served with a Notice of Motion	Rule 24(3.1) Rule 23
Any Other Party	Files consent to the motion with the Registry OR files an affidavit and written representation in reply to oppose the motion with the Registry	Within 15 days after being served with a Notice of Motion	Rule 24(3.1) Rule 23.1 and 23.1(4.2)

IMPORTANT:

All documents, other than the Notice of Motion, must be filed with proof of service (Please see Rules 23(8) and 23.1(6) along with Schedules 8 and 9)

Date modified:: 2023-06-28

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Procedural Charts

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