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

Marginal note:Waiver of oral hearing
  •  (1) If the parties consent, they may request that the appeal be decided on the basis of the factums and without an oral hearing. In such a case, the Court may require the personal consent of the accused.

  • Marginal note:Notice

    (2) The Clerk shall notify the parties of the date on which the appeal is taken under advisement and of the names of the judges assigned to the case.

  • Marginal note:Notice to appear

    (3) If the panel assigned to the appeal considers that oral argument is necessary, the parties shall be informed that the case is no longer under advisement and the appeal shall be returned to the general roll.

PART 12Roll for Hearing

Marginal note:Placing on the roll

 The Clerk shall prepare the roll for hearing, observing to the extent possible the date of readiness of the cases, subject to the priorities prescribed by law or that the Chief Justice grants.

Marginal note:Case heard by preference
  •  (1) A motion to have a case heard by preference shall be accompanied by a notice for which the Clerk has previously determined the date and time of presentation.

  • (2) After service, the motion shall be filed at the Office of the Court at least two clear juridical days before its presentation.

  • (3) The motion shall be presented before the Chief Justice or a Judge the Chief Justice designates.

Marginal note:Time allotted for argument

 Under the supervision of the Chief Justice or a Judge the Chief Justice designates, the Clerk shall indicate for each case the time each party is allotted for oral argument.

Marginal note:Notice of hearing

 At least 30 days before the opening of the session, the Clerk shall send a copy of the roll to the parties’ counsel or to any party not represented by counsel. In addition, a copy shall be posted at the Office of the Court and shall be available on the Court’s web site. Those formalities shall constitute notice of the date of hearing.

Marginal note:Authorities
  •  (1) All parties may file a book of authorities, in which the relevant excerpts are highlighted. The pages of this book may be printed on both sides.

  • (2) The book of authorities may be limited to relevant excerpts only, in which case the pages immediately preceding and immediately following any excerpt shall also be included, as well as the citation and the headnote, if there is one.

  • (3) The book of authorities may also be accompanied by a CD-ROM or other computer format containing the complete text of the authorities.

  • (4) The texts used in a book of authorities, whether partial or complete, must be in Word format, when that format is available.

  • (5) When the book of authorities contains judgments or extracts of judgments rendered by the Supreme Court of Canada, that version must be that published in the Reports of the Supreme Court of Canada, or any computer based version that has the same paragraph numbering as the version published in the Reports of the Supreme Court of Canada.

Marginal note:Time limit for filing
  •  (1) The book of authorities must be served on all the other parties and filed at the Office of the Court, in quadruplicate, at least 30 days before the date fixed for hearing of the appeal or, in the case of a motion, as early as possible before the hearing.

  • (2) If the motion is to be presented before a Judge or the Clerk, it is sufficient to file only one copy of the book of authorities.

PART 13Sittings of the Court

Marginal note:Beginning
  •  (1) Sittings of the Court shall begin at 9:30 a.m. or at any other time the Court determines.

  • Marginal note:Attendance excused

    (2) The Court may excuse the parties and their counsel from being present at the beginning of a sitting and convene them at a different time for the hearing of the appeal.

Marginal note:Order

 Cases shall be pleaded in the order in which they appear on the roll, unless otherwise determined.

Marginal note:Absence

 If a party fails to appear on the date and at the time established for the hearing, the Court may hear only the parties present and adjudicate the matter without hearing the absent party, or adjourn the hearing on the conditions deemed appropriate.

Marginal note:Striking a case from the roll and adjournment

 A Judge of the Court, 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 14Videoconference

Marginal note:Motions and appeals
  •  (1) Motions before the Court or a Judge and appeals whose date and time of oral pleadings have already been determined may be heard by way of videoconference.

  • Marginal note:Request

    (2) To that end, the parties shall submit a written request to the Clerk of the Court in Quebec or Montreal. In urgent circumstances, this request may be made by telephone.

  • Marginal note:Decision

    (3) After examining the record, the Judge who is to preside at the hearing shall inform the parties of the decision.

  • Marginal note:Preparation

    (4) It is the responsibility of the parties and their counsel to make the necessary arrangements with the telephone service providers.

  • Marginal note:Procedure

    (5) All parties to the case may plead from any video room available in the territory or any one party may plead in the courtroom where the receiving device is located and where the Judge or the Court is sitting.

  • Marginal note:Consent

    (6) The accused must consent to the videoconference, personally and in writing.

  • Marginal note:Dress

    (7) For hearings before the Court, a gown must be worn.

  • Marginal note:Fees

    (8) The cost of renting the video facilities and long-distance fees shall be borne by the party or parties who have requested the videoconference.

PART 15Miscellaneous Provisions

Marginal note:Application of the Rules

 These Rules shall apply, mutatis mutandis, to all proceedings brought before the Court that are contemplated in section 482 of the Criminal Code.

Marginal note:Application of the Code of Civil Procedure

 Except where incompatible with the Criminal Code or these Rules, the provisions of the Code of Civil Procedure shall apply to appeals in criminal matters.

PART 16Transitional Provision

Marginal note:Transitional

 The Rules applicable before the coming into force of these Rules shall continue to apply to all proceedings for which the notice of appeal was filed before the date of the coming into force of these Rules. The parties may nevertheless agree to have their appeal be governed by these Rules.

PART 17Coming into Force

Marginal note:Coming into force

 These Rules shall come into force on January 1, 2007.

 
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