1 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)

Marginal note:Office hours

2 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

3 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

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

Marginal note:Consultation of record

5 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

6 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

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

Marginal note:Filing of judgment

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

Marginal note:Format and quality of paper

9 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

• 10 (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

11 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

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

Marginal note:Amendment

13 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

• 14 (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

15 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

16 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

• 17 (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.

Marginal note:Dress

• 18 (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

• 19 (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

20 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.

Marginal note:Time limit

21 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

22 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

23 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

24 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

25 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

• 26 (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

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

Marginal note:Appearance

28 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.

Marginal note:Delivery of notice of appeal

29 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

• 30 (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

31 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

32 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

33 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.

Marginal note:Presentation and content

• 34 (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.

Marginal note:Affidavit

35 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

• 36 (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

37 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

38 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

39 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

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

Marginal note:Reservation

41 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

42 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

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

Marginal note:Adjournment

• 44 (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.

Marginal note:Presentation

45 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

46 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

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

Marginal note:Adjournment

• 48 (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.

Marginal note:Presentation

49 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

50 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

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

Marginal note:Adjournment

• 52 (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

• 53 (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

• 54 (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.

Marginal note:Summary referral of motion for leave to the Court

• 55 (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

• 56 (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.

Marginal note:Documents

57 The appellant shall file the following documents:

• (a) the motion for leave to appeal;

• (b) the indictment;

• (c) the sentence, including the reasons and the conclusion;

• (d) the depositions from the sentencing hearing, if any;

• (e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence; and

• (f) the questionnaire on the form in Schedule 1, duly completed.

Marginal note:Respondent’s questionnaire

58 At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate.

Marginal note:Argument

• 59 (1) The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented. The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm.

• (2) A judge may order that an argument be prepared when the issues raised by the appeal so warrant.

Marginal note:Computer format

60 In an appeal from sentence, the Judge or the Court may authorize that certain documents required to constitute the file be filed in a computer format rather than on paper when all of the parties to the appeal consent. The parties then produce the argument, the motion for leave to appeal on paper, as well as the indictment, the sentence, including the reasons and the conclusion, and those parts of the documents to which they refer specifically in their argument. The complete texts of the documents are then filed on a CD-ROM or any other computer format that at a minimum has a keyword search capacity and, when possible, hyperlink connections between the index, the proceedings, the exhibits and the depositions.

Marginal note:Request

61 Parties represented by counsel may request a facilitation conference in criminal matters. In doing so, they shall sign the form in Schedule 2. The conference requires the authorization of a Judge.

Marginal note:Participation

62 Only counsel shall participate in the conference unless the Judge, with the consent of the parties, has authorized another person to participate. The Judge shall facilitate the discussion and encourage dialogue. Those discussions shall not be recorded.

Marginal note:Confidentiality

63 Counsel shall undertake in writing not to disclose the content of the discussions. If the conference does not lead to a solution and there is a hearing of the appeal, the judge who presided at the facilitation conference may not participate in the hearing of the appeal.

Marginal note:Management conference

64 A judge may, ex officio or at the request of a party, preside at a management conference in criminal matters.

Marginal note:Orders and directions regarding case management

• 65 (1) The Court may make any order required in the interest of justice.

• (2) A party may apply to the Chief Justice or to a Judge the Chief Justice designates to request directions in relation to an appeal.

• (3) The Chief Justice or a Judge the Chief Justice designates may, in the interest of justice, make any order and take any measure to accelerate the appeal process.

Marginal note:Time limit for appellant

• 66 (1) Within 60 days after the notice prescribed in section 32, the appellant shall file seven copies of the appellant’s factum at the Office of the Court and serve two other copies of the factum on the respondent.

• Marginal note:Sanction

  (2) If the appellant fails to file the factum within the prescribed time limit, the Court may, on motion, dismiss the appeal.

Marginal note:Time limit for respondent

• 67 (1) Within 60 days after the filing of the appellant’s factum, the respondent shall file seven copies of the respondent’s factum at the Office of the Court and serve two other copies of the factum on the appellant.

• Marginal note:Sanction

  (2) Once the time limit for the filing of the respondent’s factum has passed, the appellant may request that the case be placed on the roll.

Marginal note:Content of factum

68 The factum shall comprise an argument and three schedules.

Marginal note:Argument

69 The argument shall be divided into five parts.

Marginal note:Facts by the appellant

69.1 The appellant shall state the facts succinctly.

Marginal note:Position of the respondant

69.2 The respondent shall state its position with respect to the appellant’s statement of facts and, if necessary, state any other facts deemed relevant.

Marginal note:Issues in dispute

69.3 The appellant shall set forth the issues in dispute concisely. The respondent shall state its position concisely in regard to the issues the appellant raises and list any other points to be argued, including those that were not adopted or considered by the court of first instance.

Marginal note:Questions of law

69.4 The appellant who wishes to raise questions of law not stated in the notice of appeal shall state and clearly set forth those grounds in the factum.

Marginal note:Questions of law or mixed questions of fact and law

69.5 If the appellant wishes to raise questions of fact or mixed questions of fact and law not stated in the notice of appeal, the appellant shall first obtain leave from a Judge to that effect, unless the Judge refers the matter to the panel that will hear the appeal.

Marginal note:Arguments of the parties

69.6 The parties shall develop their arguments regarding the issues in dispute, with precise references to the Schedules.

Marginal note:Subparagraph 686(i)(b)(iii) of the Criminal Code

69.7 Where the respondent seeks the application of subparagraph 686(1)(b)(iii) of the Criminal Code, the respondent shall refer to that subparagraph and set forth the arguments of fact and of law in support of its application.

Marginal note:Conclusions of parties

69.8 The parties shall formulate the conclusions they seek in a precise manner.

Marginal note:List of authorities

69.9 The parties shall provide a list of authorities for the case law and doctrine cited, arranged in the order in which they are cited in the argument and indicating the paragraphs at which they are mentioned.

Marginal note:For the appellant

70 The factum of the appellant shall include three schedules.

Marginal note:Contents

70.1 It shall include the judgment appealed from and, if applicable, the reasons for judgment. In matters of extraordinary remedies, or on appeal from a judgment of the Superior Court sitting in appeal, it shall also include the decision subject to the extraordinary remedy, or the judgment appealed to the Superior Court.

Marginal note:Contents

70.2 It shall include

• (a) the notice of appeal and, if applicable, the judgment granting leave to appeal with the motion requesting it;

• (b) the indictment; and

• (c) regulatory or statutory provisions cited, other than provisions of the Constitution Act, 1982, the Criminal Code, the Controlled Drugs and Substances Act and the Youth Criminal Justice Act.

Marginal note:Contents

• 70.3 (1) It shall include only those exhibits and depositions or extracts therefrom that are necessary for the consideration of all the issues in dispute.

• Marginal note:Joint statement of facts

  (2) The parties may agree on a joint statement of the facts necessary to resolve the issues in dispute, rather than relying on the transcripts of the depositions and the exhibits. The joint statement shall be inserted at the beginning of the Schedule.

• Marginal note:For the respondent

  (3) The schedules to the respondent’s factum shall include only those elements that are necessary for the consideration of the issues in dispute and that were not included by the appellant.

Marginal note:Format of factum

71 The format of the factum shall comply with the following rules:

• Marginal note:Colour of cover

  (a) the colour of the cover shall vary according to the party — yellow for the appellant, green for the respondent and grey for the other parties;

• Marginal note:Front cover

  (b) the front cover shall set out the following:

  • (i) the court file number assigned by the Clerk,

  • (ii) the court that rendered the judgment appealed from, the judicial district, the name of the judge, the date of the judgment and the court file number,

  • (iii) in the following order, the names of the appellant, the respondent and, if applicable, the other parties and; under each party’s name, that party’s status in the appeal shall be indicated in upper-case letters and the party’s status in first instance shall be indicated in lower-case letters,

  • (iv) the identification of the factum according to the status of the party filing it, and

  • (v) the name of the party’s counsel;

• Marginal note:Table of contents

  (c) the first volume of the factum shall contain a general table of contents at the front, and each subsequent volume shall contain a table of its contents;

• Marginal note:Pagination

  (d) page numbers shall be indicated in the upper left-hand corner of each page of the factum and at the top of each page of the schedules;

• Marginal note:Number of pages

  (e) except where a Judge has permitted otherwise, the argument shall not exceed 30 pages in length;

• Marginal note:Characters and spacing

  (f) the text of the argument shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented, the characters shall be in 12-point font size and there shall be no more than 12 characters per 2.5 cm;

• Marginal note:Numbering of paragraphs

  (g) the paragraphs of the argument shall be numbered; and

• Marginal note:Numbering of volumes

  (h) if there is more than one volume, the volume number and the sequence of pages contained therein shall be indicated on the cover and bottom edge of each volume.

Marginal note:Exhibits — Layout

• 72 (1) Each exhibit or excerpt therefrom shall begin on a new page with a heading indicating the date and, where possible, the nature and number of the exhibit. So far as possible, the exhibits shall be reproduced in chronological order, rather than in the order of filing in first instance.

• Marginal note:Exhibits — Clarity

  (2) All exhibits included in the schedules shall be legible. If they are illegible, they shall be accompanied by a legible text. Photocopies of photographs shall be permitted only if they are clear.

Marginal note:Depositions — Layout

• 73 (1) Each deposition or excerpt therefrom shall begin on a new page with a heading setting out the witness’ surname in upper-case letters, followed the first time only by parentheses containing the witness’ given name, as well as, if they have been disclosed at first instance, the age, the occupation and the residence of the witness. The heading shall also contain the following information, listed in abbreviated form:

  • (a) the name of the party who called the witness;

  • (b) the fact that the testimony was not given at trial, if such be the case;

  • (c) the stage of the hearing (case in chief, defence, rebuttal, voir-dire); and

  • (d) the stage of the examination (examination, cross-examination, re-examination).

• Marginal note:Depositions — Format

  (2) Depositions or excerpts therefrom may be reproduced in a condensed format (four pages in one), provided that the font is equivalent to Arial 10 and that each page contains a maximum of 25 lines numbered in the left margin.

Marginal note:Printing and binding

74 The factum shall be bound so that the pages of the argument and Schedule 1are printed only on the left and the pages of Schedules 2 and 3 are printed on both sides.

Marginal note:Number of sheets

75 Each volume shall contain no more than 225 sheets of paper.

Marginal note:Attestation

• 76 (1) At the end of the schedules, the party or the party’s counsel shall attest that the factum is in compliance with these Rules and that the original or paper copies of all the depositions obtained have been placed at the disposal of the other parties, free of charge. The same obligation applies, mutatis mutandis, when the depositions are in computer format.

• Marginal note:Duration of hearing requested

  (2) In addition, the party or the party’s counsel shall indicate the length of time requested for oral argument.

Marginal note:Refusal of factum

• 77 (1) The Clerk shall refuse any factum that is not in compliance with the Criminal Code or these Rules as soon as possible after it is filed.

• Marginal note:Notice

  (2) The Clerk shall notify counsel or any party not represented by counsel of the refusal.

• Marginal note:Effect of refusal

  (3) A factum that has been refused shall be deemed not to have been filed unless the irregularity is corrected within the time limit the Clerk determines.

• Marginal note:Time limit

  (4) This time limit shall be reasonable in light of the circumstances, but shall not exceed seven days after the notice.

• Marginal note:Review of the Clerk’s decision

  (5) The decision to refuse the factum may be reviewed upon a motion submitted before a Judge within 15 days of the notice.

Marginal note:Computer format

78 The Court or the Judge may authorize the filing of certain documents in the factum in computer format rather than on paper when all of the parties to the appeal consent. The parties shall then file their argument on paper, together with the documents included in Schedule 1 of the factum as well as those parts of the documents included in Schedules 2 and 3 to which they have referred specifically in their argument. The complete text of the documents included in Schedules 2 and 3 are then filed on a CD-ROM or any other computer format that at a minimum has a keyword search capacity and, where possible, hyperlink connections between the index, the proceedings, the exhibits and the depositions.

Marginal note:Abandoned appeals

• 79 (1) If the appeal is not ready to be placed on the roll within six months after the filing of the notice of appeal provided for in section 32, the Clerk shall provide by registered or certified mail a minimum of 30 days’ notice to the parties and their counsel that the appeal shall be placed on a special roll.

• (2) If the appeal is not ready to be placed on the roll on the date mentioned in the notice, the Court, after providing the parties an opportunity to be heard, may declare the appeal abandoned unless a party can show cause otherwise, in which case the Court shall make the order it deems appropriate.

Marginal note:Certificate

80 For all appeals filed before date of coming into force of these Rules, the certificate of readiness shall be filed at the Office of the Court within 15 days after the filing of the factums. It shall be on the form in Schedule 3 and bear the signature of the parties’ counsel or of any party not represented by counsel. It shall indicate the name of the counsel responsible for the file.

Marginal note:Certificate not obtained

• 81 (1) If the appellant does not sign the certificate, the respondent may file a motion to place the case on the roll. The motion shall be accompanied by a certificate bearing the signature of the respondent and served on the opposing party.

• (2) If the respondent does not sign the certificate or does not file a factum within the prescribed time limit, the appellant may, in the same manner, seek to have the case placed on the roll.

Marginal note:Motion to place a case on the roll

82 A motion to place a case on the roll shall be presented before the Clerk. If the motion is uncontested, the attendance of the parties or their counsel is not required and the Clerk shall declare the case ready to be placed on the roll. If it is contested, the Clerk shall adjudicate the motion. This may be done by way of telephone conference.

Marginal note:Declaration by the Clerk

• 83 (1) With effect as of date of coming into force, the Clerk shall declare all cases not under special case management ready to be placed on the roll once all the factums have been filed. The Clerk shall notify the parties by written notice on the form in Schedule 4 and, in addition, indicate the approximate date the appeal will be heard.

• Marginal note:Failure of respondent to file

  (2) Where the respondent fails to file a factum within the time prescribed, the Clerk may, ex officio or at the request of the appellant, declare the case ready to be placed on the roll. The Clerk shall then notify the parties by written notice on the form in Schedule 4.

Marginal note:Waiver of oral hearing

• 84 (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.

Marginal note:Placing on the roll

85 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

• 86 (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

87 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

88 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

• 89 (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

• 90 (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.

Marginal note:Beginning

• 91 (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

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

Marginal note:Absence

93 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

94 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.

Marginal note:Motions and appeals

• 95 (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.

Marginal note:Application of the Rules

96 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

97 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.

Marginal note:Transitional

98 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.

Marginal note:Coming into force

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