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Rules of the Court of Appeal of Quebec in Criminal Matters (SI/2018-96)

Regulations are current to 2024-03-06 and last amended on 2019-01-01. Previous Versions

Rules of the Court of Appeal of Quebec in Criminal Matters

SI/2018-96

CRIMINAL CODE

Registration 2018-10-31

Rules of the Court of Appeal of Quebec in Criminal Matters

At a meeting held in Rivière-du-Loup on May 23, 2018, the judges of the Court of Appeal of Quebec, pursuant to section 482 of the Criminal Code (R.S.C. 1985, c. C-46), unanimously agreed to replace the Rules of the Court of Appeal of Quebec in Criminal Matters, SI/2006-142 with the Rules of the Court of Appeal of Quebec in Criminal Matters, hereinafter, as attested by the signature of the Chief Justice, these rules coming into force on January 1, 2019.

Nicole Duval Hesler
The Chief Justice of the Quebec Court of Appeal

Preliminary Provisions and Definition

Marginal note:Enabling provision

 These Rules are adopted pursuant to the Court’s powers in conformity with sections 482 and 482.1 of the Criminal Code (R.S.C. 1985, c. C-46) (Cr.C.).

Marginal note:Interpretation

 These Rules are supplemental to the Criminal Code; they shall be interpreted and applied in the same manner.

Marginal note:Definitions

 The following definitions apply in these Rules:

Authorities

Authorities means statutory or regulatory texts, case law, doctrine, or any extract therefrom (sources).

Brief

Brief means a document containing an argument and three schedules (mémoire).

Chief Justice

Chief Justice means the Chief Justice of the Court of Appeal (Juge en chef).

Clerk

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 (CQLR, c. T-16) (Greffier).

Court

Court means the Court of Appeal sitting as a panel of three judges, unless the Chief Justice increases that number (Cour).

Facilitation conference in criminal matters

Facilitation conference in criminal matters means a conference presided by a judge involving the parties’ lawyers for the purpose of seeking partial or definitive resolution of the appeal (conférence de facilitation pénale).

Fast-Track

Fast-Track means the procedure followed in an appeal proceeding without briefs, within a reduced time limit (voie accélérée).

Judge

Judge means a judge of the Court of Appeal (Juge).

Management conference

Management conference means a conference at which a judge presides in order to define the issues genuinely in dispute and to establish appropriate means to simplify the proceedings and reduce the duration of the hearing (conférence de gestion).

Motion

Motion means a written pleading formulating a request to the Court, a judge or the clerk, as the case may be (requête).

Offices of the Court

Offices of the Court means the two registries located at the two seats of the Court of Appeal at the Ernest Cormier Building, 100 Notre-Dame Street East, Montreal, Quebec, H2Y 4B6 and at 300 Jean-Lesage Boulevard, Quebec City, Quebec, G1K 8K6 (greffes).

Working day

Working day means weekdays, Monday to Friday, excluding the holidays enumerated at section 18 of the Code of Penal Procedure (CQLR, c. C-25.01) (jour ouvrable).

I – PUBLIC HEARINGS AND DECORUM

Marginal note:Sitting days

 The dates on which the Court, a judge or a clerk sit are published on the Court’s website.

Marginal note:Court usher

 A court usher shall be present during all hearings. The usher is responsible for the opening and closing of each sitting and the orderly conduct thereof.

Marginal note:Decorum

 The judge presiding at a hearing shall take all necessary measures to ensure the maintenance of decorum and the respect of all those present.

Marginal note:Device noise

 Everyone present must turn off the sound of any electronic device in their possession.

Marginal note:Dress

 Before the Court, the following dress is obligatory:

  • (a) for counsel: a gown, bands, white collared shirt and dark garment;

  • (b) for articling students: a gown and dark garment;

  • (c) for clerks and court ushers: a gown and dark garment.

Simple and unadorned attire is sufficient before a judge or clerk.

Gown

Counsel appearing by videoconference at a hearing of the Court must be gowned.

II – CONFIDENTIALITY

Marginal note:Express reference

 The notice of appeal (for example, ss. 675(1)(a)(i) Cr.C. and 676(1)(a), (b) and (c) Cr.C.) and the motion for leave to appeal (for example, section 675(1)(a)(ii) and (iii) and (b) Cr.C. and section 676(1)(d) Cr.C.) shall include an express reference that the file contains no confidential information. If any part of a file is confidential, the pleadings shall include an express reference to this effect, clearly indicate which aspects of the file are confidential and set out the legal provision or order that is the basis of the confidentiality. The respondent shall indicate any correction it deems necessary.

Additional reference

Each pleading which refers to something confidential must call attention to confidentiality with the word “CONFIDENTIAL” written beneath the court record number.

Marginal note:Restricted access

 In such files, only the following persons may consult confidential documents: the parties, their counsel, persons authorized by law, and those who, having established a legitimate interest, have obtained authorization from the Court or one of its judges, subject to the conditions and procedure so determined.

Marginal note:Red binding

 Red binding or a red band shall be used to indicate the confidential nature of a volume. The confidential portion of a brief shall be produced in a separate volume.

III – TECHNOLOGICAL MEANS

Marginal note:Technological version

 Unless exempted from doing so by the clerk, the parties shall attach a technological version as a USB key to each copy of their brief, or in an appeal proceeding along the fast-track to the documents filed in lieu of the brief. This version must permit keyword searches and include hyperlinks from the table of contents to the brief and from the argument to the schedules.

The USB key shall be identified in the same manner as a pleading (file number, designation of the parties, abbreviated title, references to confidentiality in red).

Marginal note:Management (art. 482.1 Cr.C.)

 A party who has been authorized by a judge or by the Court to file Schedule III of its brief as a technological version only, is nevertheless required to file a single paper copy of the complete Schedule III for archival purposes.

The pagination of the technological version shall be identical to the paper version.

IV – OFFICES OF THE COURT

Marginal note:Office hours

 The Offices of the Court are open Monday to Friday, from 8:30 a.m. to 4:30 p.m., local time, unless provided otherwise. The days on which they are open are published on the Court’s website.

Marginal note:Register

 The clerk shall maintain a computerized register (docket), which shall include all relevant information for each file (contact information of the parties and their counsel, receipt of documents, matters arising during the appeal, etc.).

Marginal note:Contact

 The clerk shall use the last known contact information of the parties and their counsel to contact them. The parties and their counsel must immediately advise the clerk of any change thereto. Counsel responsible for the file shall include their name, that of their law firm and all contact information (including email address, permanent code and locker number, where applicable) in each pleading. An unrepresented party shall provide the necessary contact information in the notice of appeal or motion for leave to appeal and in all subsequent pleadings.

Change of counsel or withdrawal of mandate

A party may change counsel by notification to the other parties, the clerk, and former counsel, of the name, address, telephone number and email address of new counsel. A party who no longer wishes to be represented by counsel shall so notify the other parties, counsel, and the clerk by notification including its complete contact information (including email, if available).

A change of counsel or the decision by a party to cease being represented by counsel has no impact on the hearing date unless a judge decides otherwise.

Marginal note:Access to a file

 The clerk shall supervise the consultation of files and the removal of documents. The clerk may provide photocopies of documents that are not confidential upon payment of a fee.

V – PLEADINGS

Marginal note:Format

 Pleadings shall be drafted on good quality white letter paper (21.5 cm by 28 cm). The paper format may be 21.5 cm by 35.5 cm for documents filed with a motion or, in the case of an appeal proceeding on the fast-track, where the original exhibit is this size.

The text shall be reproduced on one side only of each sheet, with a minimum of one and one-half spaces between the lines, except for quotations which shall be singlespaced and indented. The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm.

Signature

All pleadings shall be signed by the party or that party’s counsel.

Marginal note:Designation of the parties

 The following shall be indicated beneath the name of each party: their status in appeal in upper case letters, followed by the party’s status in first instance in lower case letters.

An intervener in first instance is designated as APPELLANT, RESPONDENT or IMPLEADED PARTY, depending on the circumstances. The designation “INTERVENER” is reserved for the party who intervenes only during the appeal.

In an appeal relating to extraordinary remedies, the status of a decision-maker contemplated by an application in Superior Court shall be IMPLEADED PARTY.

In an application for judicial review in extradition matters, the person whose extradition is sought is designated as the PETITIONER, the Minister who ordered the extradition is the RESPONDENT and the requesting State is the IMPLEADED PARTY.

Marginal note:Heading

 The heading contained on the backing and the first page of the pleading (within a box if necessary) shall indicate the date, the filing party, the nature of the pleading and, if the pleading includes a request for an order, the precise provision on which it is based.

Marginal note:Amendment

 Any amendment to a pleading shall be identified either by vertical lines in the margin, by underlining or by indicating that text has been struck.

Marginal note:Service and notification

 The parties shall serve or notify their pleadings and documents attached thereto in the manner set forth in the Code of Civil Procedure (CQLR, c. C-25.01). The notice of appeal and the motion for leave to appeal shall be served by bailiff or peace officer. Other pleadings shall be notified unless these Rules provide otherwise or if the relevant party chooses to serve the pleading.

VI – NOTICE OF APPEALMotion for Leave to Appeal and Preparation of the Record(for example: ss. 675(1), 676(1) and 678 Cr.C.)

Marginal note:Time limit (s. 678(1) Cr.C.)

 The notice of appeal and, if applicable, the motion for leave to appeal shall be served and filed within 30 days from the judgment. If the appellant or the applicant is the accused and is not represented by counsel, the clerk shall effect service by sending a copy of the pleading to the respondent. In the case of an appeal brought by the prosecutrix, the notice of appeal or the motion for leave to appeal must be served on the respondent personally, before or after the filing of the pleading, but no later than 15 days from that filing, unless a judge orders otherwise.

Marginal note:Content

 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 and duration of the trial in days;

  • (e) the trial court and file number as well as, where applicable, the file number of the Superior Court sitting in appeal;

  • (f) the facts and the grounds of appeal stated concisely, in a maximum of 10 pages (the designation of the parties and the conclusions sought being excluded from the page count);

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

  • (h) the name, address and, if available, the email address of the respondent and, if applicable, of the other parties and their counsel at trial.

Marginal note: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, together with three or four copies, as the case may be (one copy thereof for the clerk, two copies for the office of the trial court, and, if the appellant is not represented by counsel, one copy for the respondent). Where notice is required to be given to the Attorney General pursuant to articles 76 to 78 of the Code of Civil Procedure (CQLR, c. C-25.01), that notice is delivered in accordance with the procedure set out in those articles.

Marginal note:Delivery by the clerk

 The clerk shall deliver two copies of the notice of appeal or of the motion for leave to appeal, once leave has been granted, to the office of the trial court. If the appellant is the accused and is not represented by counsel, the clerk shall also deliver one copy, as soon as it is filed, to the offices of the prosecutor in the appeal district in which the trial took place or to the offices of counsel who represented the prosecutrix at trial, as well as to the other parties, where applicable.

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.

Clerk of the trial court

Upon receipt of the copies of the notice of appeal or, once it is granted, the motion for leave to appeal, the clerk of the trial court shall deliver a copy to the judge who presided at trial or who rendered the judgment under appeal.

Marginal note:Appearance

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

Marginal note:Transcript of trial proceedings

 At the request of the appellant, the clerk of the trial court shall take all necessary steps to obtain, as soon as possible, the complete transcript of the proceedings and the exhibits, unless the parties waive in whole or in part their right to a transcript or the exhibits, or agree to a joint statement of the facts. If the parties agree to a joint statement of facts instead of a transcript, they shall inform the clerk of the trial court as soon as possible who shall then proceed pursuant to section 30.

Unless one of the parties requires otherwise, or unless otherwise ordered by a judge, 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 made by counsel in the absence of the jury, except :

    • (i) submissions regarding the proposed content of the judge’s instructions to the jury, as well as the trial judge’s determination thereupon and reasons given,

    • (ii) objections regarding the jury instructions, as well as the trial judge’s determination thereupon and reasons given,

    • (iii) submissions regarding questions raised by the jury, as well as the trial judge’s determination thereupon and reasons given.

  • (e) objections to the admissibility of evidence, except a notation of the objection, the trial judge’s determination thereupon and, if available, the reasons given.

Private stenographer

An appellant who asks a private stenographer to prepare the transcript shall so advise the respondent and the clerk of the trial court. The appellant shall also inform them when the transcript is completed so that the clerk of the trial court may proceed pursuant to section 30.

Delivery of trial proceedings

Trial proceedings shall be delivered to the Office of the Court only at the request of a judge.

 

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