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

18. The court may make any order that is necessary in the interests of justice, and may include in the order any conditions that it considers just.

19. The clerk shall forward every written judgment or, as the case may be, the conclusions of any judgment rendered in open court and noted in the court record, to the parties or their counsel, to the judge who rendered the decision appealed from, and to the clerk of the court of first instance.

20. No application made under section 522 of the Code may be heard by a judge unless the accused gives the prosecutor two clear juridical days’ written notice. The prosecutor may waive this requirement.

21. Every application made under section 520 or 522 of the Code shall be supported by the affidavit of the accused attesting to the following information:

• (a) the date and place of accused’s arrest;

• (b) the residential address(es) of the accused during the ten years before arrest and notice of the address where the accused intends to reside if interim release is granted;

• (c) the marital status of the accused; whether the accused is co-habiting with any other person and, if so, for how long;

• (d) the accused’s occupation or the nature of the accused’s work at the time of arrest, the name of the accused’s employer, if any, and the length of time employed;

• (e) a full statement of the accused’s criminal record, if any, including any convictions that are recorded in any foreign country;

• (f) whether there are any other charges pending in Canada or elsewhere against the accused and, if so, the details of them;

• (g) whether the accused is the holder of any passports.

22. Every application by way of certiorari, habeas corpus, mandamus, procedendo or prohibition shall be made by way of motion supported by one or more affidavits attesting to the truth of the facts alleged and setting out the relief sought.

23. The motion shall be served on the court, judge or official who was responsible for the case and on all the parties and must include a notice of the date of its presentation of at least one clear juridical day.

The judge shall set the date for the hearing. In a case of urgency, the applicant may apply to the judge for directions.

24. No motion filed after the expiry of 30 days from the date of the decision or proceeding that it challenges shall be heard unless a judge extends that period before or after it expires.

25. Service of the motion suspends proceedings before the court, judge or official concerned, but a judge may at any time order the proceedings to be continued.

26. On being served with the motion, the respondent court, judge or official shall transmit the record of the case to the clerk.