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

Regulations are current to 2016-09-18 and last amended on 2007-01-01. Previous Versions

Marginal note:Dress
  •  (1) At hearings before the Court, the following dress is obligatory:

    • (a) counsel — gown, bands, white collar and dark garment;

    • (b) articled student — gown and dark garment; and

    • (c) clerk and court usher — gown and dark garment.

  • (2) Before a Judge or the Clerk, the wearing of a gown is not required. All attire, however, shall be simple and unadorned.

Marginal note:Decorum
  •  (1) All persons present at a hearing shall ensure that their cellular telephones, pagers and any other audio devices are turned off.

  • (2) The Court or the Judge may adopt any measure to ensure the proper administration of justice, the serenity of hearings and respect for the rights of the parties and their counsel.

Marginal note:Adjournment

 A Judge, at the request of a party, or the Clerk, with the consent of all parties, may at any time strike a matter from the roll and adjourn the hearing to a later date.

PART 4Institution of the Appeal

Marginal note:Time limit

 The notice of appeal and, if applicable, the motion for leave to appeal shall be filed within 30 days after the judgment.

Marginal note:Content of notice of appeal and motion for leave to appeal

 The notice of appeal and the motion for leave to appeal shall contain the following information:

  • (a) the offence;

  • (b) the sentence imposed, if applicable;

  • (c) the date of the verdict, the judgment and the sentence, as the case may be;

  • (d) the place of trial;

  • (e) the court of first instance and court file number;

  • (f) the grounds of appeal and the conclusions sought, stated clearly and concisely;

  • (g) the civic address and, if available, the electronic address of the appellant and the appellant’s counsel; and

  • (h) the name, civic address and, if available, the electronic address of the respondent and, if applicable, of the other parties and their counsel in first instance.

Marginal note:Original and number of copies

 The original of the notice of appeal or the motion for leave to appeal shall be filed at the appropriate Office of the Court of Appeal, together with one copy thereof for the Clerk, two copies for the office of the court of first instance, one copy for the respondent and, if applicable, one copy for each of the other parties.

Marginal note:Appeal by Attorney General

 In the event of an appeal by the Attorney General, the notice of appeal and the motion for leave to appeal shall be served on the respondent personally, before or after its filing, but at the latest within 30 days after the filing of the motion, unless a Judge orders otherwise.

Marginal note:Delivery by the Clerk

 The Clerk delivers two copies of the notice of appeal or the motion for leave to appeal, if it is granted, to the registry of the court of first instance. If the Attorney General is the respondent, the Clerk also delivers a copy, as soon as it is filed, to the office of the Crown prosecutor of the appeal district in which the trial took place or to the office of the counsel who represented the respondent in first instance and, if applicable, to the other parties.

Marginal note:Allegation of professional incompetence
  •  (1) An appellant who alleges the incompetence of counsel who acted on behalf of the appellant in first instance shall notify the counsel by serving on the latter a copy of the written proceedings containing the allegation.

  • (2) If the appellant wishes, in support of this ground of appeal, to introduce evidence that is not already in the record of first instance, the appellant shall also notify the Chief Justice in writing, with copies to the Attorney General and the appellant’s counsel in first instance. The notice shall describe the content of the evidence and the procedure the appellant proposes for taking the evidence.

  • (3) In the same manner, if the Attorney General wishes, in rebuttal of this ground of appeal, to introduce evidence that is not already in the record of first instance, the Attorney General shall notify the Chief Justice in writing, with copies to the appellant and the appellant’s counsel in first instance. The notice shall describe the content of the evidence and the procedure the Attorney General proposes for its reception.

  • (4) If counsel against whom incompetence has been alleged wishes to respond, that counsel shall so notify the Chief Justice in writing, with a copy to the parties, and shall describe the means considered appropriate to present that counsel’s position.

  • (5) At a management conference in criminal matters, a Judge may attempt to have the parties agree on the means by which the evidence may be received as well as a timetable.

  • (6) The parties may present appropriate motions in order to be authorized to produce any new evidence.

Marginal note:Motion for leave to appeal granted

 When a motion for leave to appeal has been granted, it shall serve as the notice of appeal without further formality.

Marginal note:Appearance

 Counsel for a party other than the appellant shall file a written appearance within the 10 days after the filing of the notice of appeal or the judgment granting leave to appeal.

PART 5Preparation of the Record

Marginal note:Delivery of notice of appeal

 Upon receipt of the copies of the notice of appeal or, if it is granted, the motion for leave to appeal, the clerk of the court of first instance shall deliver a copy to the judge who heard the case at trial or who rendered the judgment from which the appeal has been taken.

Marginal note:Transcript of trial proceedings
  •  (1) After consulting with the parties or their counsel, the clerk of the court of first instance shall take all necessary steps to obtain, as soon as possible, the complete transcript of the proceedings, unless the parties or their counsel renounce or agree to a joint statement of the facts necessary to the resolution of the issues in dispute.

  • (2) Unless the appeal addresses those questions or unless otherwise ordered by a Judge or agreed by the parties, the following shall be omitted from the transcript:

    • (a) proceedings regarding jury selection;

    • (b) the opening address of the trial judge;

    • (c) the opening and closing addresses of counsel;

    • (d) evidence adduced in the absence of the jury and submissions of counsel in the absence of the jury, with the exception of

      • (i) submissions regarding the proposed content of the judge’s jury instructions, the trial judge’s determination thereon and reasons,

      • (ii) objections regarding the jury instructions, the trial judge’s determination thereon and reasons, and

      • (iii) submissions regarding questions from the jury, the trial judge’s determination thereon and reasons; and

    • (e) objections to the admissibility of evidence, except a notation of the objection, the trial judge’s adjudication and, if they are available, the reasons for the judgment.

Marginal note:Delivery of trial proceedings

 Trial proceedings shall be delivered to the Office of the Court only upon a request to this effect from a Judge of the Court.

Marginal note:Notice to the Clerk

 The clerk of the court of first instance shall notify the parties and the Clerk of the Court that the record on appeal is complete. The appellant may then take immediate possession of the record.

Marginal note:Payment of costs

 If the preparation of a transcript incurs costs, the clerk of the court of first instance may require payment in advance. The appellant shall not be entitled to the transcript at any time during the course of the proceedings until those costs have been paid.

PART 6Motions

General

Marginal note:Presentation and content
  •  (1) Motions shall be presented, according to their nature, before the Court, the Judge or the Clerk. They shall be accompanied by all that is required for their consideration, and in particular by proceedings, exhibits, depositions, minutes, judgments or excerpts therefrom, as well as any statutory or regulatory provisions cited, with the exception of provisions of the Constitution Act, 1982, the Criminal Code, the Canada Evidence Act, the Controlled Drugs and Substances Act and the Youth Criminal Justice Act.

  • (2) A party may apply to be excused from producing paper copies of the documents that accompany the motion, or certain of those documents, if all the parties to the motion consent that they be produced in computer format. The application is to be made by letter, by facsimile or by e-mail addressed to the Office of the Court, with a copy to the other parties to the motion, and is adjudicated by a Judge in the case of a motion to the Court or to a Judge, or by the Clerk in the case of a motion to the Clerk.

 
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