Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002 (SI/2002-46)

Regulations are current to 2024-03-06

(Section 482 of the Criminal Code) (continued)

III. Specific Provisions (continued)

E. Pre-hearing Conference (continued)

 The questions, issues and information to be addressed at the conference shall include the following:

  • (a) is the accused’s fitness to stand trial in issue ?

  • (b) a summary statement of the facts of the case and the respective positions of the parties (The defence may elect not to disclose its position.);

  • (c) is disclosure of evidence complete? If not, a timetable for its completion must be established;

  • (d) does the prosecutor intend to raise any preliminary matters. If so, what are they?

  • (e) does the defence intend to raise any preliminary matters such as

    • (i) a motion to quash the indictment or a particular count(s) of the indictment,

    • (ii) a motion for particulars,

    • (iii) a motion for separate trials,

    • (iv) a motion to sever counts,

    • (v) a motion for a change of venue,

    • (vi) other motions;

  • (f) the estimated time required to dispose of the motions in respect of the matters mentioned in paragraphs (a), (c), (d) and (e);

  • (g) other questions of law concerning the admissibility of evidence that may be raised at trial (The parties are required to specify the nature of such questions, the number of witnesses and the estimated time required to resolve them.);

  • (h) whether any of these issues can be resolved before the accused is placed in the charge of the jury;

  • (i) is the continuity of possession of the exhibits admitted?

  • (j) a list of the facts that the parties are prepared to admit;

  • (k) a list of witnesses whom the prosecutor intends to call;

  • (l) on each motion or point of law that the parties propose to raise, whether written submissions supported by case law are to be submitted and within what time period;

  • (m) the date of the summoning of the july panel;

  • (n) the estimated length of trial and the trial’s date of commencement;

  • (o) other questions, issues or information.

Transitional Provisions

  •  (1) These rules come into force 15 days after their date of publication in the Canada Gazette and, subject to subsection (2), supersede the Rules of practice of the Superior Court of the Province of Quebec, criminal division and the Quebec Superior Court Rules of Practice Respecting Criminal Matters.

  • (2) The former rules of practice continue to apply to cases commenced before the coming into force of these rules.

 

Date modified: