(Section 482 of the Criminal Code) (continued)
III. Specific Provisions (continued)
B. Extraordinary Remedies (continued)
27 For all extraordinary remedies, the parties must file written submissions in support of their positions, with references to the relevant passages of the transcript where applicable, within the time set by the judge and in accordance with the judge’s directions.
28 Articles 851 to 855 of the Code of Civil Procedure apply to writs of habeas corpus in criminal matters, with any modifications that the circumstances require.
C. Appeals Pursuant to Sections 812 to 828 of the Code
29 Appeals must be brought before the Superior Court in the district where the decision appealed from was rendered.
Notice of Appeal
30 The notice of appeal from any decision must be signed by the appellant or by the appellant’s counsel and must contain the following information:
(a) the offence charged;
(b) the sentence imposed, where applicable;
(c) the date of the decision, the sentencing, or both, appealed from as the case may be;
(d) the place where the trial was held;
(e) the name of the court of first instance and the number of the court record;
(f) the grounds of appeal and the conclusions sought, stated precisely and concisely;
(g) the address of the appellant and of the appellant’s counsel;
(h) the name and address of the respondent and, where applicable, of all other parties, and of their respective counsel of first instance.
31 Any appellant wishing to plead grounds of appeal other than those set out in the notice of appeal must deposit with the clerk, no later than 15 days before the hearing of the appeal, a notice setting out precisely and concisely the additional grounds, together with proof of service on the other party or their counsel.
32 Subject to subsection 815(2) of the Code, every appeal must be commenced within 30 days after the decision appealed from.
An appeal is commenced by filing a Notice of Appeal in the office of the clerk within 30 days after the decision or within the extended time under subsection 815(2) of the Code.
On receipt of the notice of appeal, the clerk shall transmit copies of it to counsel who acted in the court of first instance, to the judge who rendered the decision appealed from and to the clerk of the court of first instance.
In the case of an appeal by the prosecutor, the notice of appeal must be served on the respondent personally, unless the judge orders otherwise.
33 Counsel for the respondent must file a written appearance within 10 days after service of the notice of appeal, or within any additional time that may be fixed by the judge.
Preparation of the Record
34 On receipt within the prescribed time period of the notice of appeal or of a decision of the judge extending the time period for appeal, the clerk shall
(a) call for the record of first instance;
(b) place the case pro forma on the practice roll, within 30 days after the filing of the notice of appeal or within such other time as may be directed by the judge, and give notice in writing of the date to the parties.
At the calling of the practice roll or in the course of a preparatory conference which, at the option of the judge, may be held by telephone, the judge, after examining the questions in issue and discussing with the parties the evidence as it relates to the grounds of appeal, may prescribe whatever steps are deemed appropriate to complete the record, settle questions relating to the written submissions and shorten the hearing. After establishing a timetable for the completion of the record, the judge shall continue the matter to a subsequent calling of the practice roll, fix a date for a further preparatory conference or set a date for the hearing.
Unless exempted from doing so by the judge, the parties must, within the time-limit set by the judge, file written submissions setting out the arguments on which they propose to rely supported by appropriate references to the transcript, together with any supporting case law or jurisprudence on which they intend to rely.
35 The court record is to be made ready for the hearing in the following manner:
(a) on being ordered to do so by a judge, the clerk of the court of first instance shall require a complete or partial transcript of the evidence to be prepared together with the judgment appealed from;
(b) as soon as the transcript is delivered, the clerk of the court of first instance shall inform the clerk in writing, and the appellant and the respondent or their counsel by priority post or by facsimile;
(c) on receipt of that notice, the appellant shall, without delay, pay the cost, if any, of the transcript, and the clerk of the court of first instance shall, without delay, forward the original of the transcript to the clerk with a copy to the parties or to their counsel.
Powers of the Court
36 The Court may
(a) dismiss the appeal if the appellant is not ready to proceed when the case is called;
(b) allow the appellant to proceed ex parte against a respondent who is not ready to proceed when the case is called;
(c) on motion or on its own motion, dismiss the appeal of an appellant who has not conformed with the requirements prescribed by law or by these rules.
37 Any appellant wishing to discontinue an appeal must file in the court record a written discontinuance signed by the appellant or by their counsel. The discontinuance must be submitted to the judge.
D. Contempt of Court
38 Proceedings for contempt of court not committed in the face of the court must be instituted by way of a detailed motion served on the respondent summoning the respondent to appear before the court on the day and at the time set out in the notice. Subsequently, the respondent may be ordered to appear before the court by oral order.
E. Pre-hearing Conference
Pre-hearing Conference Pursuant to Subsection 625.1(2) of the Code(These conferences are mandatory in all matters to be tried by judge and jury)
39 A judge shall preside over the pre-hearing conference and the conference may be held at any time considered opportune following the accused’s committal to trial.
40 Proceedings at the pre-hearing conference are subject to a publication ban.
41 The pre-hearing conference is held in the presence of counsel for the parties, and, if unrepresented, the accused. The judge may in any event require the accused to be present.
42 The indictment shall be signed and filed before the pre-hearing conference.
43 Unless the pre-hearing conference takes place in chambers, the proceedings shall be recorded in conformity with the provisions of section 646 of the Code. The minutes of the conference shall consist of the items set out in the schedule to these rules.
44 The questions, issues and information to be addressed at the conference shall include the following:
(a) is the accused’s fitness to stand trial in issue ?
(b) a summary statement of the facts of the case and the respective positions of the parties (The defence may elect not to disclose its position.);
(c) is disclosure of evidence complete? If not, a timetable for its completion must be established;
(d) does the prosecutor intend to raise any preliminary matters. If so, what are they?
(e) does the defence intend to raise any preliminary matters such as
(f) the estimated time required to dispose of the motions in respect of the matters mentioned in paragraphs (a), (c), (d) and (e);
(g) other questions of law concerning the admissibility of evidence that may be raised at trial (The parties are required to specify the nature of such questions, the number of witnesses and the estimated time required to resolve them.);
(h) whether any of these issues can be resolved before the accused is placed in the charge of the jury;
(i) is the continuity of possession of the exhibits admitted?
(j) a list of the facts that the parties are prepared to admit;
(k) a list of witnesses whom the prosecutor intends to call;
(l) on each motion or point of law that the parties propose to raise, whether written submissions supported by case law are to be submitted and within what time period;
(m) the date of the summoning of the july panel;
(n) the estimated length of trial and the trial’s date of commencement;
(o) other questions, issues or information.
45 (1) These rules come into force 15 days after their date of publication in the Canada Gazette and, subject to subsection (2), supersede the Rules of practice of the Superior Court of the Province of Quebec, criminal division and the Quebec Superior Court Rules of Practice Respecting Criminal Matters.
(2) The former rules of practice continue to apply to cases commenced before the coming into force of these rules.
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