Civil Procedure Rules of Nova Scotia  
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Nova Scotia Court of Appeal Practice Directive

Hague Convention Appeals

  Protocol for Appeals Regarding the Inter-jurisdictional Abduction of Children, including international abductions engaging The 1980 Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”)  
     
  In recognition of the importance of fast-tracking appeals involving the interjurisdictional abduction of children, including international abductions which engage the Hague Convention, this Court has adopted the following protocol for expediting appeals raising this issue:  
    Any appellant who proposes to raise an issue regarding the interjurisdictional abduction of children, including international abductions engaging the Hague Convention, is requested to provide a letter to the Registrar of the Court of Appeal when filing the Notice of Appeal/Application for Leave to Appeal, advising that the appeal raises this issue and asking that the appeal be expedited.  
    If an appellant does not raise the issue and the respondent is of the view that the issue should be raised, then, on receiving the Notice of Appeal/Application for Leave to Appeal, the respondent is requested to, forthwith, file a letter with the Registrar, advising of the issue and asking for an expedited appeal.  
    Upon receiving such letter, the Registrar shall refer the matter to the presiding Court of Appeal Chambers Judge or such other Judge as the Chief Justice may designate, for a pre-hearing conference. A pre-hearing conference with counsel (or with the parties, if unrepresented) will be scheduled without delay. The pre-hearing conference may be conducted by teleconference. The goals of the conference will be: to ensure an early hearing date; to arrange for the orderly filing and format of materials; and to make any ancillary orders required.  
    Every effort will be made to provide a hearing date as soon as practicable following the receipt of the letter requesting an expedited hearing.  
       
 

Chief Justice Michael MacDonald

April 10, 2010