Court Martial Appeal Rules Updated

Summary#

These are the Rules Amending the Court Martial Appeal Court Rules: SOR/2022-253. They update how appeals and related applications are handled by the Court Martial Appeal Court of Canada, mainly by modernizing procedures (electronic filing and service, hybrid hearings, limited-scope counsel) and by clarifying timing and document rules. The amendments were approved in early December and came into force on December 21, 2022.

What it does#

• Lets hearings be held in person, or in whole or in part by telephone or videoconference (hybrid hearings).
• Allows parties to file documents electronically (PDF or other Court‑approved searchable format) and reduces the number of paper copies required:
  • parties may file one electronic copy or five paper copies in many cases, with one paper copy to follow an electronic filing in some situations.
• Sets clear formatting rules for documents:
  • paper size 21.5 cm by 28 cm, margins 2.5 cm (top/bottom) and 3.5 cm (left/right), fonts at least 12 points (10 for footnotes);
  • a limit of 40 pages for serving by fax without prior consent.
• Establishes timelines and filing deadlines:
  • the Court Martial Administrator must serve a memorandum of particulars within 30 days after a Notice of Appeal;
  • the Record must be forwarded to the Court within 90 days in typical cases;
  • parties generally have 30 days to exchange memoranda of fact and law after receiving the appeal book or opponent’s memo.
• Creates a rule for a joint or separate book of authorities to be filed no later than 30 days before the hearing.
• Introduces limited-scope (partial) representation rules so a lawyer can be formally appointed for part of a proceeding and must use new notice forms when starting or ending that limited role.
• Updates service and filing rules:
  • service by email is allowed if a party consents using a prescribed form; certain court officials are deemed to consent to email;
  • specifies when service is considered effective (e.g. registered mail within Canada takes 5 days, outside Canada 7 days; courier within Canada 2 days, outside 4 days; fax/email on the day sent).
• Clarifies computation of time, including that days between December 21 and January 7 are excluded from time limits in most cases.
• Restricts new evidence at appeal: new evidence can only be presented with prior court consent and directions.

Who's affected#

• People and organizations directly involved in military appeals:
  • appellants, applicants and respondents to the Court Martial Appeal Court of Canada;
  • military lawyers including the Director of Military Prosecutions and the Director of Defence Counsel Services;
  • private lawyers who represent service members, and self-represented litigants.
• Court staff, including the Courts Administration Service, which supports filing and records handling.
• Anyone who must prepare and serve documents in these appeals (these changes mostly affect process, not criminal law).

Why it matters#

• Faster and cheaper paperwork: electronic filing and email service reduce printing, postage and travel costs for parties and the court.
• More flexible hearings: hybrid hearings can save time and travel, which matters when participants are posted across the country or abroad.
• Clearer rules for partial legal representation: limited-scope counsel rules give people more affordable options to get legal help for parts of a case.
• Predictability: specific deadlines, formatting and service rules make the appeal process easier to follow and reduce disputes about technical steps.
• The changes are procedural. They do not change the criminal or military offences themselves, but they change how appeals are run. The rules took effect on December 21, 2022.