The following information is offered to assist with the transcript ordering process and the transcript requirements for specific proceedings.
With the exception of Child Protection matters and any matter under the Youth Criminal Justice Act, all court proceedings are in the public domain and transcripts are therefore available to any requestor. There may also be a restriction because of an order of the court for a ban on publication of names of victims, witnesses, or particulars which may tend to disclose the identity of a person.
Pre-trial conferences and case management conferences are not recorded unless ordered by the presiding Justice. If proceedings are recorded, transcripts will only be made available to the parties or their counsel with permission of the Court.
Transcripts are provided in several formats but only a paper copy with an original signature can be considered a certified copy. Electronic transcripts are available in Word format and PDF format. These transcripts are provided on CD or via e-mail. As electronic transcripts do not have a signature nor certification, they cannot be produced in court to enter as an exhibit or be referred to as the official record.
For an appeal to The King's Bench, it is necessary to file a copy of the transcript request form and receipt from Royal Reporting verifying that the transcript has been ordered. The signed e must be taken to the King's Bench counter when filing the notice of appeal.
COURT OF APPEAL - TRANSCRIPT REQUIREMENTS
(Please note this does not include the requester’s copy.)
There are different transcript requirements based on the type of matter being filed before the Court of Appeal. If you require further information, prior to ordering a transcript please contact the Court of Appeal at: 204-945-2647, extension 7.
Transcript requirements for appeals are as follows:
CRIMINAL DIVISION MATTERS
Indictable matters are appealed to the Court of Appeal.
Conviction Appeal
Transcript of evidence and proceedings, including reasons for judgment.
Sentence Appeal
Following a guilty plea, submissions by counsel and reasons for sentence are required.
Following a trial, reasons for conviction, submissions and reasons for sentence are required.
One (1) certified transcript and one (1) PDF copy
Conviction and Sentence Appeal
Complete transcript is required.
One (1) certified transcript and one (1) PDF copy
Judgment/Order/Decision
Where oral evidence has been heard (i.e. witnesses have testified), you require:
One (1) certified transcript and one (1) PDF copy
Where no evidence was heard (i.e. no witnesses were called), you require a transcript of the Reasons for Decision/Judgment/Order:
One (1) certified transcript of the Reasons for Decision/Judgment/Order and one (1) PDF copy
CIVIL OR FAMILY DIVISION MATTERS
Appeal from a King's Bench Judge regarding judgments, orders or decisions
Where evidence was heard, a complete transcript is required:
One (1) certified transcript and one (1) PDF copy
Where no evidence was heard, a transcript of the Reasons only is required.
One (1) certified transcript of the Reasons for Decision/Order/Judgment and one (PDF) copy
COURT OF APPEAL - CHAMBERS APPLICATIONS
Leave to Appeal (Criminal)
Leave to appeal must first be granted to appeal to the Court of Appeal for summary conviction appeals. For a motion of this type, Reasons of The King's Bench Justice and Provincial Court Judge are required.
If leave is granted by the Court of Appeal, it may be necessary to order the complete Queen's Bench or Provincial Court transcript of proceedings. Please consult with Court of Appeal staff.
Bail application
PENDING A SENTENCE APPEAL:
Reasons for sentence are required:
One (1) certified transcript
PENDING A CONVICTION AND SENTENCE APPEAL:
Reasons for judgment on conviction and reasons for sentence are required.
One (1) certified transcript
Leave to Appeal - Civil
Leave to appeal must be granted for Small Claim Appeals, i.e. Reasons for Judgment from KB judge only are required.
One (1) certified transcript of the Reasons for Judgment
On a motion to extend time to file an appeal, reasons for judgment only are required.
One (1) certified transcript of the Reasons for Judgment
On a motion to stay an order pending the hearing of an appeal, reasons for judgment only are required.
One (1) certified transcript of the Reasons for Judgment
KING'S BENCH APPEALS - TRANSCRIPT REQUIREMENTS
(Please note this does not include the requester’s copy.)
Summary conviction matters from Provincial Court are appealed to The Court of King's Bench.
Summary Conviction and Sentence Appeals
A complete transcript is required, including Reasons for Judgment and Reasons for Sentence
One (1) certified transcript
Conviction Appeal
A transcription of the proceedings and Reasons for Judgment are required
One (1) certified transcript
Sentence Appeal
A transcript of the Submissions by counsel and Reasons for Sentence are required
One (1) certified transcript
Queen's Bench Bails
For a bail review from a King's Bench or Provincial Court matter, a complete transcript is required
One (1) certified transcript
Domestic Violence and Stalking Prevention, Protection and Compensation Act
To file a motion to set aside a protection order, a special rate of 80 cents per page is charged for the transcript to the requestor.