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

Regulations are current to 2017-11-20 and last amended on 2007-01-01. Previous Versions

Marginal note:Affidavit

 Any motion alleging facts that do not appear in the record shall be supported by the affidavit of a person who has personal knowledge of those facts.

Marginal note:Service
  •  (1) Except where otherwise provided, motions and the attached documents shall be served in the manner prescribed in the Code of Civil Procedure.

  • (2) A motion by the Attorney General to dismiss the appeal shall be served on the appellant personally, unless a Judge has ordered otherwise, and on the appellant’s counsel, if applicable.

Marginal note:Attendance excused

 Except in an application for the interim release of the appellant, the sending of the respondent’s written consent to the conclusions of the motion, by letter, by facsimile or by e-mail and with copies to the parties, excuses the parties and their counsel from attending the presentation of the motion, unless the Court, the Judge or the Clerk who will hear the motion determines otherwise and so notifies the parties.

Marginal note:Convening at a different time

 The Court, the Judge or the Clerk may excuse the parties and their counsel from being present at the opening of a sitting and convene them at a different time for the hearing of the motion.

Marginal note:Absence

 If a party fails to appear on the day and at the time established for the hearing of the motion, the Court, the Judge or the Clerk may hear only those parties present and adjudicate the motion without hearing the absent party, or adjourn the hearing on the conditions deemed appropriate.

Marginal note:Telephone conference

 When the circumstances are appropriate and the parties so consent, the Court, the Judge or the Clerk may hear a motion by telephone conference.

Motions Before the Court

Marginal note:Reservation

 The petitioner shall arrange the date and time of the presentation of a motion before the Court with the Clerk.

Marginal note:Time limit for service and filing

 The motion and the attached documents shall then be served and filed at the Office of the Court, in quadruplicate, at least five clear juridical days before the date of presentation.

Marginal note:Notice of presentation

 The notice of presentation shall indicate the date, time and courtroom where the motion will be presented.

Marginal note:Adjournment
  •  (1) As soon as possible before the presentation of the motion, the petitioner shall notify the Clerk by letter, by facsimile or by e-mail, that the parties have consented to an adjournment or that one of the parties will seek an adjournment on the day the motion is presented.

  • (2) In the absence of such notice and excepting special circumstances, the Court shall hear the motion and adjudicate it.

Motions Before a Judge

Marginal note:Presentation

 Motions shall be presented at 9:30 a.m. Between June 24 and Labour Day, motions shall be presented on one of the days the Chief Justice determines.

Marginal note:Time limit for service and filing

 The motion and its attached documents shall be served and filed at the Office of the Court, in duplicate, at least two clear juridical days before the date of presentation, which shall take place at the latest eight days after service, unless the parties have agreed otherwise.

Marginal note:Notice of presentation

 The notice of presentation shall indicate the date, time and courtroom where the motion will be presented.

Marginal note:Adjournment
  •  (1) As soon as possible before the presentation of the motion, the petitioner shall notify the Clerk by letter, by facsimile or by e-mail, that the parties have consented to an adjournment or that one of the parties will seek an adjournment on the day the motion is presented.

  • (2) In the absence of the notice and excepting special circumstances, the Judge shall hear the motion and adjudicate it.

Motions Before the Clerk

Marginal note:Presentation

 Motions shall be presented at 9:00 a.m. Between June 24 and Labour Day, motions shall be presented on one of the days the Chief Justice determines.

Marginal note:Time limit for service and filing

 The motion and its attached documents shall be served and filed at the Office of the Court, in duplicate, at least two clear juridical days before the date of presentation.

Marginal note:Notice of presentation

 The notice of presentation shall indicate the date, time and courtroom where the motion will be presented.

Marginal note:Adjournment
  •  (1) As soon as possible before the presentation of the motion, the petitioner shall notify the Clerk by letter, by facsimile or by e-mail, that the parties have consented to an adjournment or that one of the parties will seek an adjournment on the day on which the motion is presented.

  • (2) In the absence of the notice and excepting special circumstances, the Clerk shall hear the motion and adjudicate it.

Marginal note:Application for interim release
  •  (1) An appellant seeking interim release shall attach an affidavit to the application attesting to the following:

    • (a) the appellant’s places of residence in the three years preceding conviction and the place the appellant intends to reside if released;

    • (b) if applicable, the appellant’s employment before conviction, and the appellant’s intended employer and employment if released;

    • (c) if applicable, the appellant’s previous convictions, including convictions outside Canada;

    • (d) if applicable, any charges pending against the appellant either in Canada or elsewhere at the time of the application; and

    • (e) whether or not the appellant holds a Canadian or foreign passport or has applied for a passport, the application for which is being processed.

  • Marginal note:Exemption from affidavit

    (2) The Judge hearing the application may excuse the filing of an affidavit and rely upon a statement of facts signed by the appellant’s counsel and the Crown prosecutor.

  • Marginal note:Release pending appeal to the Supreme Court

    (3) A certificate of the Registrar of the Supreme Court of Canada attesting that a motion for leave to appeal or a notice of appeal has been filed shall accompany an application for interim release pending an appeal to that court.

Marginal note:Motion to adduce fresh evidence
  •  (1) A party seeking leave to adduce fresh evidence shall first present a motion and explain in what manner the party has exercised due diligence in obtaining the evidence, in what respect it is relevant and credible and, if believed, could be expected to affect the result.

  • Marginal note:Notice and terms

    (2) A party presenting such a motion shall notify the other parties thereof as soon as possible, and shall attempt to reach an agreement with them regarding a timetable and the terms that will govern the exchange of relevant documents and cross-examinations, if applicable. The proposed timetable and terms shall be submitted to the Court.

  • Marginal note:Two-stage determination

    (3) The Court shall first authorize or refuse the taking of fresh evidence and determine, if applicable, the terms by which relevant documents will be exchanged and cross-examinations undertaken. After the evidence has been taken, the Court hearing the appeal determines its admissibility.

PART 7Appeal from Sentence

Marginal note:Summary referral of motion for leave to the Court
  •  (1) A judge may refer a motion for leave to appeal from a judgment imposing a sentence to the Court without adjudicating it.

  • Marginal note:Concurrent hearing

    (2) The Court may hear the motion and the appeal at the same time and adjudicate the matter without factums. It may also dispose only of the motion and, if leave is granted, postpone the hearing of the appeal.

Marginal note:Fast track, without factums
  •  (1) A Judge who grants or refers a motion for leave to appeal from a sentence may, with the consent of the parties, allow the appeal to be heard without factums, on the basis of the fast track procedure.

  • Marginal note:Timetable

    (2) In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum.

  • Marginal note:Default

    (3) If the documents are not filed before the time limit has passed, the Clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and the judges who are to hear the motion or the appeal.

 
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