R. v. MacDonald

R. v. MacDonald

Rule 5.17 does not empower the court to order that the cost of a transcript (which is not a court fee) be paid by someone other than the person seeking it, and the applicant failed to satisfy Rule 5.17(2)(c) by not filing the required legal opinion; therefore the application to provide the transcript at no cost is...

Source-derived case information.

Citation
2003 NSCA 27
Parties
Applicant/appellant: Murray Ross MacDonald; Respondent: Her Majesty the Queen
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
14 February 2003
Procedural Posture
Appeal (criminal) / Chambers Application for Transcript Exemption on Appeal
Outcome
Application dismissed.
Legal Topics
Transcript Access, Waiver of Court Fees, Legal Aid, Rule 5.17
Source Language
english
Criminal Law Civil Procedure Access to Justice Transcript Access Waiver of Court Fees Legal Aid Rule 5.17

Source-derived case record

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Parties

Murray Ross MacDonald

Applicant/appellant

Her Majesty the Queen

Respondent

Procedural Posture

Appeal (criminal) / Chambers Application for Transcript Exemption on Appeal

Legal Issues

  1. 1 Whether Rule 5.17 authorizes the court to order payment by a third party or the court of the cost of transcript that is not a court fee
  2. 2 Whether the applicant satisfied Rule 5.17(2)(c) by filing a legal opinion setting out material facts and reasonable grounds
  3. 3 Whether transcripts constitute court costs or fees recoverable or waivable under Rule 5.17

Ratio Decidendi

Rule 5.17 does not empower the court to order that the cost of a transcript (which is not a court fee) be paid by someone other than the person seeking it, and the applicant failed to satisfy Rule 5.17(2)(c) by not filing the required legal opinion; therefore the application to provide the transcript at no cost is dismissed.

Court Disposition

Application dismissed.

Orders

  • Application dismissed; no order for provision or payment of transcript.