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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

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

Marginal note:Notice to the Clerk

 The clerk of the trial court shall inform the parties and the clerk of the Court of Appeal that the record on appeal is complete, including the exhibits, whereupon the appellant may then take immediate possession of the record. The clerk of the trial court shall also inform the clerk of the Court of Appeal if the parties waive, in whole or in part, their right to a transcript.

Payment of costs

If the preparation of a transcript or its translation incurs costs, the clerk of the trial court may require payment in advance and, in any event, the appellant shall not be entitled to the transcript until those costs have been paid. The prosecutrix pays the costs of whatever portion of the transcript that it alone requires.

VII – INTERIM RELEASE FROM CUSTODY(S. 679 CR.C.)

Marginal note:Content

 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 prior to 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, in Canada and elsewhere, at the time of the application;

  • (e) whether or not the appellant holds a Canadian or foreign passport or has a pending passport application.

Exemption from affidavit

The judge to whom the application is presented may waive the filing of an affidavit and rely upon a statement of facts signed by the appellant’s counsel and counsel for the respondent.

Release pending appeal to the Supreme Court

An application for interim release pending an appeal to the Supreme Court of Canada shall be accompanied by a certificate of the registrar of that court attesting that an application for leave to appeal or a notice of appeal has been filed.

VIII – APPEAL MANAGEMENT(S. 482.1 CR.C.)

Marginal note:Request for case management

 A party requesting a case management conference shall, as soon as possible, so inform the clerk by letter setting out the grounds for the request. A judge may initiate and preside over such a conference, or do so at the request of a party.

Marginal note:Orders

 The Court may make any order required in the interests of justice.

Directions

A party may apply to the Chief Justice, or to a judge designated by the Chief Justice, to request directions in relation to the conduct of an appeal.

The Chief Justice, or a judge designated by the Chief Justice, may, in the interests of justice, make any order and take any measure to accelerate the conduct of an appeal.

Marginal note:Remote hearings

 When the Court or one of its judges has not so ordered, pursuant to section 688 Cr.C., a party who wishes to be heard by technological means (teleconference or videoconference) shall request a remote hearing by letter to the clerk. The judge presiding the hearing shall decide whether or not to grant the request.

Necessary steps

The parties shall take the necessary steps for the hearing to be held remotely.

Costs

The costs of a remote hearing, if applicable, shall be assumed by the party who made the request, unless the clerk exempts the party therefrom.

Consent

Written consent of the accused must be obtained for any videoconference not ordered by the Court pursuant to section 688 Cr.C.

Gown

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

IX – BRIEFS

Marginal note:Content

 The appellant’s brief shall include its argument and three schedules; that of the respondent includes its argument and, if necessary, elements in addition to those in the appellant’s schedules.

Marginal note:Argument

 Each argument shall be divided into five parts:

  • (a) Part I (Facts): the appellant shall succinctly state its position and recite the facts. The respondent may comment and relate additional facts.

  • (b) Part II (Issues in dispute): the appellant shall concisely state the issues in dispute. The appellant who wishes to raise questions of law not stated in the notice of appeal shall state and clearly set forth those grounds. If the appellant wishes to raise questions of fact or mixed questions of fact and law not stated in the notice of appeal or motion for leave to appeal, the appellant shall first request permission to do so in writing and obtain leave from a judge, unless the judge refers the matter to the panel that will hear the appeal. The respondent shall respond to the questions raised by the appellant and may raise any further questions that the respondent intends to debate, including those questions that the trial court rejected or did not consider.

  • (c) Part III (Submissions): each party shall develop its submissions, with specific reference to the content of the schedules. If the respondent seeks the application of section 686(1)(b)(iii) Cr.C., the respondent shall refer to that section and set forth submissions of fact and of law to that effect.

  • (d) Part IV (Conclusions): each party shall state the precise conclusions it seeks.

  • (e) Part V (Authorities): each party shall prepare a list of authorities in the order in which they appear in the argument, making specific reference to the paragraphs at which they are cited.

Marginal note:Joint statement of facts

 The parties may agree to a joint statement of facts in place of transcripts of the depositions and exhibits, or of a part thereof. The appellant shall produce this joint statement at the beginning of Schedule III.

Marginal note:Number of pages

 Parts I to IV of the argument may not exceed 30 pages, unless a judge decides otherwise.

Marginal note:Schedules

 The schedules to the appellant’s brief shall include:

  • (a) Schedule I: the judgment under appeal, including the reasons given and, in the case of a decision regarding an extraordinary remedy or an appeal from a judgment of the Superior Court sitting in appeal, the decisions of the lower courts;

  • (b) Schedule II:

  • (c) Schedule III: those exhibits and depositions or extracts thereof necessary for the Court to decide the issues in dispute.

Marginal note:Final requirements

 On the last page of the brief, the author shall:

  • (a) attest to the brief’s conformity with these Rules;

  • (b) undertake to make available to any other party, at no cost, the depositions obtained in paper or technological format;

  • (c) indicate the time requested for oral argument including, in the case of the appellant, the reply.

Marginal note:Format

 The brief shall be formatted in compliance with the following rules:

  • Marginal note:Colour

    (a) The cover page shall be yellow for the appellant, green for the respondent and gray for any other party.

  • Marginal note:Cover page

    (b) The following shall be indicated on the cover page:

    • (i) the record number in appeal;

    • (ii) the trial court or, where applicable, the Superior Court sitting in appeal, the judicial district, the name of the judge, the date of the judgment and the record number;

    • (iii) the designation of the parties (see s. 19 of these Rules);

    • (iv) the brief heading by reference to the status of the party in appeal (see s. 20 of these Rules);

    • (v) the name and contact information of its author (who signs the attestation) as well as those of counsel for the other parties. If there is insufficient space, the names and contact information of other counsel shall be indicated on the following page.

  • Marginal note:Table of contents

    (c) The first volume of the brief shall begin with a general table of contents and each subsequent volume shall begin with a table of its contents.

  • Marginal note:Pagination

    (d) Brief page numbers shall be consecutive and centered at the top of the page.

  • Marginal note:Spacing, typeface and margins

    (e) The text of the argument shall have at least one and one-half spaces between the lines, except for quotations which shall be single-spaced 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.

  • Marginal note:Numbering of paragraphs

    (f) The paragraphs of the argument shall be numbered.

  • Marginal note:Printing

    (g) The argument and schedule I shall be printed on the left-hand side of the volume, the other schedules shall be printed on both sides.

  • Marginal note:Number of pages

    (h) Each volume shall be composed of a maximum of 225 sheets.

  • Marginal note:Volumes

    (i) Each volume shall be numbered on the cover page and its bottom edge. The sequence of pages it contains shall also be printed thereon.

  • Marginal note:Exhibits

    (j) All exhibits shall be legible. The exhibits shall be reproduced consecutively as they are numbered. Each exhibit shall be reproduced beginning on a new page that includes the exhibit number, date and nature of the exhibit. Photocopies of photographs are permitted only if they are clear. If a handwritten document is illegible, it may be accompanied by a transcription.

  • Marginal note:Depositions

    (k) Each deposition shall begin on a new page and mention in the title the surname of the witness (in upper case letters), followed by the witness’ given name, age and place of residence (in lower case letters), if these details were provided, as well as the following information in abbreviated form (in parentheses):

    • (i) the status of the party who called the witness;

    • (ii) the stage of the trial (case in chief, defence, rebuttal);

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

    The title of each following page shall restate the witness’ name and the information in abbreviated form.

  • Marginal note:“Four-in-one” format

    (l) Depositions may be reproduced on paper with four pages printed on one page, using 10-point Arial font or its equivalent. The four pages shall contain a maximum of 25 lines, numbered on the left-hand side of the page, and be in vertical sequence. The entire page itself shall have only one title (corresponding to the commencement of the text).

Marginal note:Copies and notification

 Within 60 days from the date of the notice required by section 30 of these Rules, the appellant shall file seven copies on paper and, in compliance with section 12 of these Rules, as a technological version. Within the same time limit, the appellant shall also notify two further copies on paper and one copy of the technological version to the respondent. Proof of notification shall be filed with the Office of the Court no later than three working days following the expiry of the 60-day time limit set forth in this section. If the appellant fails to file its brief and proof of notification within the time limit stipulated in this section, the Court may, of its own initiative or by motion, dismiss the appeal pursuant to the procedure set forth in section 75 of these Rules.

Within 60 days from the filing of the appellant’s brief, the respondent shall file seven copies of its brief on paper and, in compliance with section 12 of these Rules, of the technological version. Within the same time limit, the respondent shall also notify two further copies on paper and one copy of the technological version to the appellant. Proof of notification shall be filed in the Office of the Court no later than three working days following the expiry of the 60-day time limit set forth in this section. If the respondent fails to file its brief and proof of notification within the time limit stipulated in this section, the appellant may request, in writing, that the appeal be placed on the roll. The clerk may also initiate a declaration that the file is ready to proceed and place the file on the roll. The clerk shall so advise the parties, in writing.

Marginal note:Non-compliance

 If a brief does not comply with the foregoing requirements, the clerk shall advise its author of the corrections required and establish a time limit within which a corrected brief may be filed. The clerk shall so advise the other parties.

Failing correction, the brief shall be refused. The clerk’s decision may be reviewed by a judge upon a motion filed within 10 days of the refusal.

X – BOOK OF AUTHORITIES

Marginal note:Book of authorities

 Each party may file a book of authorities (statutory and regulatory provisions, case law and doctrine), printed on both sides of each page and tabbed. Relevant extracts shall be identified by underlining, highlighting or by vertical lines in the margin.

The text of judgments of the Supreme Court of Canada must be that which is published in its reports (or that which is available prior to such publication).

Case law or doctrine may be limited to relevant extracts (along with the preceding and succeeding page) together with the headnote (if available).

The cover page of each volume of the book of authorities shall indicate the record number in appeal, the designation of the parties, the title and the status of the filing party (“[Party’s Status]’s Book of Authorities”).

If a technological version of the book of authorities is filed on a USB key (pursuant to a case management decision or as a complement to a paper version), that version shall be searchable by keyword.

Marginal note:Judgments deemed to be included in a book of authorities

 The Court shall publish a list of judgments that the parties need not reproduce in their book of authorities. The list shall be available at the Office of the Court and on its website.

Marginal note:Filing

 Four copies of the book of authorities (in one or more volumes) shall be filed for a panel and only one copy for a judge or clerk. The book of authorities shall be notified and filed 30 days before the hearing of an appeal and as soon as possible prior to the hearing of a motion.

XI – MOTIONS

Marginal note:Presentation and content

 Motions shall not exceed 10 pages, excluding the designation of the parties and the conclusions sought, and shall be accompanied by all documents necessary for their adjudication (pleadings, judgments including reasons, exhibits, depositions, minutes, laws and regulations, or extracts of these documents, etc.). Motions presented to the Court shall be filed in four copies; motions presented to a judge or to the clerk shall be filed in two copies.

A party may apply to be excused from filing paper copies of the documents that accompany the motion, or certain of those documents, if all the parties to the motion consent to their being filed as a technological version on a USB key. The request shall be made in writing and addressed to the Office of the Court, with a copy to the other parties, and decided upon by a judge in the case of a motion presented to the Court or to a judge, or by the clerk in the case of a motion presented to the clerk.

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:Presentation date

 On the Court’s website the clerk shall publish the calendar of hearing dates for motions before the Court, a judge or the clerk. The applicant must reserve a date with the clerk for the presentation of a motion before the Court.

Marginal note:Service, notification and notice of presentation

 A motion shall be accompanied by a notice of presentation and shall be notified, or served in the case of a motion for leave to appeal, with the attached documents. A motion presented to the Court shall be filed at the Office of the Court at least five working days prior to its presentation date; motions presented to a judge or to the clerk, at least two working days before that date. In all cases, the time limits are calculated excluding Saturdays. In addition to the date and time, the notice of presentation shall indicate the courtroom where the motion will be presented.

Motion to dismiss

Where a motion to dismiss an appeal is presented by the prosecutrix, it shall be served on the appellant personally, unless a judge orders otherwise, and to the appellant’s counsel, if applicable.

Assignment of counsel (s. 684 Cr.C.)

A motion presented to the Court seeking assignment of counsel shall be served on the Attorney General.

 

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