If you are in jail, the forms are provided to you free. But I'll reproduce them and explain the instructions to use so you can: File a Notice of Application for extension of time and Notice of Appeal and release pending appeal COVER PAGE ========== ONTARIO Ministry of Correctional Services ONTARIO CRIMINAL APPEAL [ ] Youth [ ] Inmate Name of Facility: ________________________ THIS IS TO CERTIFY THAT APPLICANT: _________________________ FILED AN APPEAL ON DATE: _____________________ DATED: _____________________________ SIGNED BY SUPERINTENDENT OR DESIGNATE: _____________________ NAME OF SUPERINTENDENT OR DESIGNATE: _____________________ NAME OF FACILITY: ______________________________ PAGE 2 ====== Notice of Appeal for Inmate Appeal COURT OF APPEAL FOR ONTARIO To: The Registrar Name of Appellant: _____________________________ Name of Court(1)*: _____________________________ *(1) Ontario Court (General Division) or Ontario Court (Provincial Division) Name of judge: _____________________________ Offence(s) of which convicted(2)*: _________________________ ____________________________________________________________ *(2) E.g. theft, forgery, Plea at trial: _____________________________ Sentence Imposed: _____________________________ Date of the conviction: _____________________________ Date of imposition of sentence: ___________________________ Name and address of place at which appellant is in custody ____________________________________________________________ ____________________________________________________________ I, the above named appellant, hereby give notice that I desire to appeal to the Court of Appeal of Appeal against my (3)* ______________________________________________________ on the grounds herein set forth on page 3 of this notice. *(3) If you wish to appeal against conviction, you must write the word "conviction." If you wish to appeal against sentence, you must write the word "sentence." If you wish to appeal both conviction and sentence, you must write the words "conviction and sentence." If you are convicted of more than once offence and wish to appeal only against some of the convictions or sentences, you must state clearly the convictions or sentences against which you wish to appeal. I desire to present my case and argument whether it be for leave to appeal (4)* or by way of appeal where leave is not necessary (5)* *(4) See note 1, page 2 Note 1. (1) If your appeal against conviction involves a question of law alone, you have a right of appeal. (2) If your appeal against conviction is upon any other tround than a question of law then you have no right of appeal unless leave is granted by the Court of Appeal. (3) You have no right of appeal against sentence unless leave to appeal is granted by the Court of Appeal and your notice of appeal includes an application for leave to appeal. *(5) Strike out either (a) or (b). (a) in person [ ] or (b) in writing [ ](6)* *(6) If you derise to submit your case and argument in writing, you may deliver your written argument with this notice of appeal or you may deliver your written argument within 14 days after receipt by you of the report of the trial judge which will be sent to you later. If a new trial is ordered, and you have a right to trial by jury, do you wish trial by jury? [ ] Yes [ ] No Dated this _________ day of ______________, _______ Signed (7)* Appellant: _____________________________ *(7) This notice must be signed by the appellant. If the appellant cannot read or write, he or she must affix his or her mark in the presence of a witness. The name and address of the witness must be given. Information service for barrier free courts 1-800-387-4456 PAGE 3 ====== GROUNDS OF APPEAL These must be filled in before the notice is sent to the Registrar. The appellant must here set out the grounds or reasons why he or she alleges the conviction should be quashed or the sentence reduced. If one of the grounds set out is "misdirection to the jury" by the judge, particulars of such alleged misdirection must be set out in this notice. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Note 2. (1) Whether your appeal is from conviction, sentence or both, this notice must be served within 30 days after the date of the sentence(s). (2) if this notice is served beyond that time then you must apply for an extension of time by completing the application set out below. Note 3. If you are in custody, this notice of appeal must be served by delivering it to the senior official of the institution in which you are confined. APPLICATION FOR EXTENSION OF TIME AND RELEASE PENDING APPEAL I hereby apply for an extension of time within which I may launch my appeal, and release pending appeal, upon the following grounds: 1. Parliament has never re-enacted a new prohibition since the Ontario Court of Appeal declared on Jul 31 2000 in R. v. Parker the possession prohibition on marijuana in S.4 of the CDSA to be invalid suspending the decision for one year. 2. Parliament has never re-enacted a new prohibition since the Alberta Court of Appeal on Mar 18 2003 supported Acton J.'s declaration in R. v. Krieger that the cultivation prohibition on marijuana in S.7 of the CDSA is invalid. 3. Parliament Only Legislates, Courts Only Abrogate: POLCOA.