AI-assisted research summary: This Act sets out basic appeal rules, including a definition, when appeals may go to the Supreme Court, how appeal procedure is handled, and what an appellant must say when appealing only sentence or part of a decision.
c t APPEALS ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 16, 2025. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Appeals Act Section 1 c APPEALS ACT CHAPTER A-13 1. Definition In this Act “provincial court judge” has the same meaning as it has in the Provincial Court Act R.S.P.E.I. 1988, Cap. P-25.1. R.S.P.E.I. 1974, Cap.A-11,s.1; 1975,c.78,s.3; 2021,c.15,s.56. 2. Cases where appeals lie An appeal lies to the Supreme Court from any decree, judgment, order or conviction of any one or more justices of the peace or of any provincial court judge, except in those cases where it is expressly declared by statute that no appeal shall lie. R.S.P.E.I. 1974, Cap.A-11,s.2; 1975,c.78,s.3; 1975,c.27,s.5; 1987,c.66,s.69. 3. Part XXVII Criminal Code (Canada) Unless it is otherwise provided, the time for giving notice of appeal, the mode of appeal, the practice and procedure on appeal, and the powers of the Supreme Court on the appeal, shall be according to the practice in appeal from a summary conviction as prescribed by Part XXVII, of the Criminal Code (Canada) but, where not otherwise provided or agreed, the appeal shall be tried in the county in which the cause of the information or complaint arose or in which the judgment, order or conviction appealed from was given or made. R.S.P.E.I. 1974, Cap.A-11,s.3; 2025,c.11,s.3(2). 4. Appeal against sentence etc. only If, in any proceedings under any statute or other law of the province, an appellant desires to appeal against sentence only, or against some portion only of the decree, judgment, order or conviction, the appellant shall so state in the appellant’s notice of appeal, and the amount of costs of appeal awarded, if any, shall depend to the extent, in the discretion of the court, on the appellant’s compliance with, or failure to comply with, this requirement. R.S.P.E.I. 1974, Cap.A-11,s.4; 2025,c.11,s.3(3). c t Current to: May 16, 2025 Page 3