Rules of the Court of Appeal of Quebec in Criminal Matters (SI/2006-142)

Regulations are current to 2017-09-27 and last amended on 2007-01-01. Previous Versions

Rules of the Court of Appeal of Quebec in Criminal Matters

SI/2006-142

CRIMINAL CODE

Registration 2006-12-13

Rules of the Court of Appeal of Quebec in Criminal Matters

At a meeting held in the City of Montreal on April 17, 2006, the judges of the Court of Appeal, pursuant to section 482Footnote a of the Criminal Code, unanimously revoked the Rules of Practice in Criminal Matters in the Court of Appeal of QuebecFootnote b and made in replacement thereof the annexed Rules of the Court of Appeal of Quebec in Criminal Matters, as attested by the signature of the Chief Justice, effective January 1, 2007.

J.J. Michel Robert
The Chief Justice of the Quebec Court of Appeal

PART 1Definitions

 The following definitions apply in these Rules.

authorities

sources

authorities means statutory or regulatory texts, case law, doctrine, or any excerpt therefrom. (sources)

Clerk

greffier

Clerk means a public servant in the employ of the ministère de la Justice, appointed to serve at the Court of Appeal pursuant to the Courts of Justice Act, R.S.Q., c. T-16. (greffier)

counsel

avocat

counsel means an attorney who is a member in good standing of the Barreau du Québec. (avocat)

Court

Cour

Court means, depending on the context, the Court of Appeal or the Court sitting in a panel of three judges, unless the Chief Justice increases that number. (Cour)

facilitation conference in criminal matters

conférence de facilitation pénale

facilitation conference in criminal matters means a conference at which a judge presides that brings together the counsel for the parties with the goal of finding a partial or definitive resolution of the appeal. (conférence de facilitation pénale)

factum

mémoire

factum means a document containing an argument and three schedules. (mémoire)

fast track

voie accélérée

fast track means the procedure followed in an appeal under case management where a judge has authorized a fixed number of pages for argument to be submitted within a reduced time limit. (voie accélérée)

Judge

juge

Judge means a judge of the Court of Appeal. (juge)

management conference in criminal matters

conférence de gestion pénale

management conference in criminal matters means a conference at which a Judge presides in order to allow the parties to better define the issues genuinely in dispute, and to identify appropriate means to simplify the proceedings and reduce the duration of the hearing. (conférence de gestion pénale)

motion

requête

motion means a proceeding before the Court, a Judge or the Clerk, as the case may be. (requête)

Office of the Court

greffe

Office of the Court means a registry located at the seats of the Court of Appeal in Montreal at Édifice Ernest-Cormier, 100 Notre-Dame Street East, Montreal, Quebec H2Y 4B6 and in Quebec at 300 Boulevard Jean-Lesage, Quebec, Quebec G1K 8K6. (greffe)

standard track

voie ordinaire

standard track means the procedure followed when an appeal proceeds with factums, within the time limits provided for in these Rules and without case management. (voie ordinaire)

PART 2Administration of the Court

Marginal note:Office hours

 The Office of the Court is open on juridical days from Monday to Friday between 8:30 a.m. and 4:30 p.m.

Marginal note:Keeping of a register

 The Clerk shall keep an up-to-date court register wherein the following information shall be entered for each case:

  • (a) the name, civic address and, if available, the electronic address of each of the parties and the law offices of their counsel, as well as the name of the counsel responsible for the file;

  • (b) the date of filing of the notice of appeal or the motion for leave to appeal, and the judgment thereon;

  • (c) the date of the order for interim release, if applicable;

  • (d) the date of appearance of the respondent;

  • (e) for each party, the date of filing of the factum or the documents standing in lieu thereof;

  • (f) the date of filing of the certificate of readiness or of the declaration of readiness by the Clerk;

  • (g) the date of any other proceeding and, if applicable, of the judgment thereon;

  • (h) information regarding the adjournment of a motion; and

  • (i) the date on which the case is taken under advisement and that on which judgment is rendered.

Marginal note:Change of address

 The parties and their counsel shall promptly advise the Clerk of any change of address.

Marginal note:Consultation of record

 A record may be consulted only in the presence of the Clerk. If the record cannot be consulted on the premises, the Clerk may permit its removal. In such cases, the Clerk shall require a written acknowledgment, which shall be filed in the record.

Marginal note:Removal of document

 Upon furnishing a receipt, and with the authorization of the Clerk, a party or a party’s counsel may remove a document that the party has filed in the record.

Marginal note:Photocopies

 The Clerk shall furnish photocopies at the expense of the party who requests them.

Marginal note:Filing of judgment

 When a judgment is filed, the Clerk shall send a copy to all the parties or their counsel and to the trial judge.

PART 3General Rules

Marginal note:Format and quality of paper

 The size of the paper shall be 21.5 cm by 28 cm. White paper of good quality shall be used. Documents accompanying a motion or submitted with an argument in the case of an appeal proceeding on the basis of the fast track procedure may be 21.5 cm by 35.5 cm.

Marginal note:Style of cause
  •  (1) The style of cause in any proceeding shall include, in the following order, the name of the appellant, the name of the respondent and, if applicable, the names of the other parties.

  • (2) Under each party’s name, the status of the party in the appeal shall be indicated in upper-case letters, and the status of the party in first instance shall be indicated in lower-case letters.

  • (3) The style of cause shall remain the same for all proceedings during the appeal.

  • (4) In an appeal based on an extraordinary remedy, the decision maker that rendered the decision subject to review is designated as the mis en cause.

Marginal note:Title of proceedings

 The title of a proceeding shall appear on the back and on the first page and shall indicate the status in the appeal of the party presenting the proceeding, followed by a precise citation to the statute or regulation upon which it is based.

Marginal note:Signature

 Every proceeding shall bear the signature of the party or the counsel for the party.

Marginal note:Amendment

 In the event of an amendment to a proceeding, additions or substitutions shall be underlined or indicated in the margin by a vertical line and deletions shall be indicated by ellipsis points within parentheses.

Marginal note:Discontinuance
  •  (1) An appellant who wishes to discontinue the appeal shall file a discontinuance which shall be signed by the appellant or the appellant’s counsel. In this case, the appellant’s signature shall be certified by affidavit or endorsed by a counsel, if the appellant is detained by an officer of the detention facility.

  • (2) A judge may confirm the discontinuance, even in the absence of the parties or their counsel.

Marginal note:Time limit

 Any time limit established by these Rules may be extended or abridged by the Court or by a Judge, either before or after it expires.

Marginal note:Court usher

 The Court usher shall announce the opening and termination of sittings of the Court, the Judge or the Clerk, and remain present for the entire hearing, unless otherwise permitted.

Marginal note:Number of counsel
  •  (1) At the hearing of an appeal, two counsel may present oral arguments for each party, but only one counsel may reply for the appellant.

  • (2) At the hearing of a motion, only one counsel may present oral argument for each party, unless otherwise permitted.

 
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