April 22, 2007

17/23 Appeal Section 49 (1)

Appeal Section 49 (1)

Any order of the court (Section 32-48) may be appealed to the Appeal Division of the Supreme Court by filing notice to appeal within 30 days of the order to the registrar of the Appeal Division.

Comments:

  • This is not enough time for a parent or guardian to make an appeal, especially if they are going through legal aid. Families are told by both Nova Scotia Legal Aid and Dalhousie Legal Aid that each of the many steps you need to go through will be 2-3 days each, when, in fact, the steps each take a week, taking the person beyond the 4 week period. One of the most time consuming, AND EXPENSIVE aspect of an appeal is ordering tapes of the previous court proceedings and getting approved transcripts made- As well as filing a appeal book with copies for everyone. The court can “conveniently” keep you waiting weeks for the court tapes- not leaving you much time to get transcripts made and little if any time to review the information in the tapes/transcripts.
  • For the increasing numbers of families who are choosing to self represent (for many good reasons) - this is definitely not enough time.