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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

XI – MOTIONS (continued)

Marginal note:Time of presentation

 A motion presented to the Court or a judge shall be presentable at 9:30 a.m., and that to the clerk at 9:00 a.m. The clerk may change the time at which a motion is presented.

Marginal note:Incomplete or irregular motion

 The clerk shall notify the applicant if a motion is incomplete. If the applicant does not remedy the default within the prescribed time limit prior to its presentation, namely five days or two working days, as the case may be, the clerk shall postpone the motion to a later date and so advise the parties.

Before the hearing, a judge may strike a motion from the roll if it is irregular on its face. The clerk shall so inform the parties.

Marginal note:Party excused from attendance

 Except in the case of the interim release of the appellant, a party who declares that a motion will not be contested may request, in writing addressed to the clerk, to be excused from attendance at the hearing.

Marginal note:Absence

 In the event that a party fails to appear on the day and at the time set for the presentation of the motion, the Court, the judge or the clerk may choose to hear only the parties in attendance and adjudicate the matter without hearing the absent party or, alternatively, to adjourn the hearing subject to specified conditions.

Marginal note:Remote hearing

 Where appropriate and the parties so consent, a motion may be heard by teleconference or videoconference.

Marginal note:Request for adjournment

 A party seeking an adjournment shall, as soon as possible, so inform the judge presiding the panel, the judge or the clerk who shall grant or dismiss the request or postpone the decision until the beginning of the hearing. In the request, the party shall indicate the reason the adjournment is sought and whether or not the other parties consent thereto.

Marginal note:Motion to adduce fresh evidence (s. 683(1) Cr.C.)

 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, credible and, if believed, could be expected to affect the result.

Notice and terms

A party presenting such a motion shall inform the other parties as soon as possible, and shall attempt to reach an agreement with them regarding the timetable and 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.

Two-stage determination

Once seized of the motion, the Court shall first authorize or refuse the filing of fresh evidence and determine, if applicable, the terms and timetable according to which the evidence will be gathered and, if applicable, cross-examinations undertaken. The Court shall determine the admissibility of this evidence once seized of the appeal on the merits.

XII – APPEAL FROM SENTENCE

Marginal note:Forum

 Where there is no application for interim release, the applicant may choose to present a motion for leave to appeal from a sentence either to a judge or to the Court. Where there is a motion for interim release, the motion for leave is presented to a judge who retains discretion to refer the latter motion to the Court without deciding on the matter.

Where the applicant presents the motion for leave to the Court, the parties shall immediately contact the clerk who shall, at the appropriate time, set the hearing date, which will be the same date as the hearing for the appeal from the verdict, if applicable. Unless the Court decides otherwise, the hearing shall bear on both the motion for leave and, in the event the motion is granted, on the merits of the appeal. The clerk shall establish a timetable for the production of the documents required according to the fast-track procedure.

Marginal note:Fast-track

 If a judge grants the motion for leave to appeal or refers it to the Court, the proceedings shall be undertaken, without briefs, on the basis of the fast-track procedure.

Timetable

The judge shall establish a timetable for the filing, in five copies and after notification to the other party, of the documents that stand in lieu of the brief. The Court may, where it deems appropriate, hear the motion for leave and the appeal at the same time and adjudicate the matter, without briefs. It may also choose to decide the motion only and, if leave is granted, adjourn the hearing of the appeal.

Default

If the documents are not filed before the expiration of the time limit established by the judge or the clerk, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. The clerk shall so inform the Chief Justice and the judges who are to hear the motion for leave or the appeal.

Marginal note:Documents that must be filed

 The appellant shall file the following documents:

  • (a) the motion for leave to appeal and the judgment granting the motion or referring it to the Court, as the case may be;

  • (b) the indictment;

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

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

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

  • (f) the questionnaire, available in the Office of the Court or on the Court’s website, duly completed.

Respondent’s questionnaire

The respondent may also notify the duly completed questionnaire to the appellant and file five copies of the questionnaire with the Office of the Court, no later than 21 days before the date of the hearing of the motion for leave or the appeal.

Written argument

The parties may attach to their documents arguments not exceeding 10 pages with 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.

A judge may order that such arguments be prepared when the issues raised by the appeal so warrant.

Technological version

The judge or the Court may authorize the filing of certain documents required to constitute the file as a technological version on a USB key rather than on paper. The parties shall then file a paper version of the argument; the motion for leave to appeal and the judgment granting leave or referring the motion to the Court, as the case may be; the indictment; the sentence, including the reasons given and the conclusion; as well as those parts of the documents to which they refer specifically in their arguments. The complete texts of the documents shall then be filed as a technological version on a USB key.

XIII - INEFFECTIVE ASSISTANCE OF COUNSEL

Marginal note:Allegation of ineffective assistance of counsel

 An appellant or a petitioner who alleges the ineffective assistance of counsel who acted on his or her behalf at trial or on appeal in the Superior Court shall inform that counsel by notification of a copy of the written pleadings containing the allegation. The parties shall complete the required form, available in the Office of the Court and on the Court’s website, within the time limit stipulated on that document.

Response from counsel

If counsel in question wishes to respond, that counsel shall inform the Chief Justice in writing, with a copy to the parties, and shall describe the means counsel considers appropriate to respond to the allegations.

Case management

At a management conference, a judge may endeavour to secure the parties’ agreement on the means by which the evidence will be adduced or, if necessary, impose such conditions and a timetable.

Fresh evidence (s. 683(1) Cr.C.)

The parties shall present the appropriate motions in order to be authorized to file fresh evidence.

XIV – FACILITATION CONFERENCE IN CRIMINAL MATTERS

Marginal note:Request form

 Parties represented by counsel who wish to hold a facilitation conference in criminal matters must complete the form available at the Office of the Court and on the Court’s website. The judge who presided the conference may require the parties to furnish any necessary documents. Filing the completed form with the Office of the Court suspends the time limits applicable to the appeal proceedings.

Participation

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, neither of which shall be recorded.

Confidentiality

Counsel shall undertake in writing to keep the content of the discussions confidential. If the conference results in a solution, the judge presiding at the facilitation conference in criminal matters may be a member of the panel of the Court that renders judgment. Where no solution is reached, the judge presiding at the conference shall not participate in a hearing of the appeal.

XV – ROLLS

Marginal note:Declaration of readiness

 When a hearing date has not been previously set by the Court, a judge or the clerk, and the appeal file is ready to be heard, the clerk shall issue a declaration of readiness and send it to counsel and parties not represented by counsel.

Marginal note:Rolls

 The clerk shall prepare hearing rolls following, to the extent possible, the chronological order of such declarations of readiness, subject to preferences set by law or by order. On the roll, the clerk shall indicate the time allocated to each party for oral argument, including the reply.

Marginal note:Orders of preference

 The Chief Justice or the judge the Chief Justice designates for this purpose may order, ex officio or upon request, that a case be heard by preference. A motion for preference shall be presented at the date and time agreed to with the clerk. It shall be notified to the other parties and filed at the Office of the Court at least two working days before its presentation.

Marginal note:Notice of hearing

 The clerk shall inform counsel and unrepresented parties of the date set for a hearing by sending them a copy of the roll at least 30 days in advance. The roll shall also be available at the Office of the Court and on the Court’s website.

XVI – HEARINGS OF THE COURT

Marginal note:Order of hearing

 Hearings of the Court begin at 9:30 a.m. The clerk may convene the parties at a different time for the hearing of their appeal. Cases are heard in the sequence they appear on the roll. A case may proceed in a party’s absence.

Marginal note:Oral argument

 A party’s oral argument (but not the reply) may be divided between two counsel. At the hearing of a motion, each party may call only one counsel, except with leave.

Marginal note:Outline of oral argument

 At the beginning of a hearing, a party may produce an outline of its oral argument, not exceeding two pages, and may attach to it extracts (with tabs) from its brief and the authorities to which it intends to refer during oral argument.

Marginal note:Recording

 Reproduction of a technological version of oral arguments is available upon payment of the applicable fee; recording of a judgment must be authorized (the form for which is available at the Office of the Court and on the Court’s website).

Marginal note:Adjournment

 A party seeking an adjournment shall, as soon as possible, so inform the judge presiding the panel who shall grant or dismiss the request or postpone the decision until the beginning of the hearing. In the request, the party shall indicate the reason the adjournment is sought and whether or not the other parties consent thereto.

Marginal note:Waiver of hearing

 By consent, the parties may request that an appeal be decided on the basis of the briefs alone, without a hearing. The Court may require that the accused personally consent to the waiver.

The clerk shall inform the parties of the date on which the appeal is taken under advisement and the names of the judges assigned to the case.

If the panel responsible for adjudicating the appeal decides that a hearing is necessary, the parties shall be informed that the case is no longer under advisement and that the appeal has been returned to the general roll.

Marginal note:Deposit of judgment

 When a judgment is deposited, the clerk shall send a copy thereof to the parties or their counsel as well as to the first instance judge and, where applicable, to the judge of the Superior Court who sat on appeal or in judicial review.

Marginal note:Discontinuance

 An appellant who wishes to discontinue the appeal shall file a notice of discontinuance signed by the appellant or the appellant’s counsel. Where signed by the appellant, the appellant’s signature shall be certified by affidavit or endorsed by counsel, or if the appellant is detained, by an officer of the detention facility. If the appellant is subject to interim release, the appellant must surrender to the appropriate custodial authorities within three days of filing the discontinuance, or if on probation or serving a conditional sentence of imprisonment, notify the discontinuance to the probation officer or supervision officer within the same time limit.

A judge may confirm the discontinuance, even in the absence of the parties or of their counsel.

Marginal note:Abandoned appeals

 If the appeal is not ready to be placed on the roll within six months following the filing of the notice of appeal provided for in section 30, or one year following the filing of the notice of appeal or from the date of the judgment granting leave to appeal, the clerk may inscribe the case on a special roll and, to this end, shall provide at least 30 days’ notice to the parties. If the party is not represented by counsel, the notice shall be sent by registered mail.

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, declare the appeal ready to be placed on the roll or declare that the respondent is foreclosed from pleading unless the party in default can show valid cause, in which case the Court shall make the order it deems appropriate.

XVII – MISCELLANEOUS PROVISIONS

Marginal note:Application of the Rules

 These Rules shall apply, mutatis mutandis, to all proceedings brought before the Court that are contemplated in sections 482 and 839 Cr.C.

Marginal note:Time limit

 Any time limit set by these Rules may be extended or shortened by the Court, by a judge or by the clerk, either before or after the expiry thereof.

Marginal note:Exemption

 The clerk may excuse a party from compliance with a provision of these Rules if the circumstances so justify. In such cases, the clerk shall advise the other parties accordingly and make a note in the court record.

Marginal note:Clerk’s practice direction

 The clerk may publish a practice direction to explain or render more precise these Rules or their practice before the Court.

Marginal note:Notice of amendment

 The Chief Justice may inform counsel of a proposed amendment to a rule and invite them to apply it immediately as if it were in force.

Marginal note:Application of the Code of Civil Procedure

 Except where incompatible with the Criminal Code (R.S.C. 1985, c. C-46) or these Rules, the provisions of the Code of Civil Procedure (CQLR, c. C-25.01) and the Civil Practice Regulation (Court of Appeal) (CQLR, c. 25.01, r. 10) shall apply to appeals in criminal matters.

XVIII – TRANSITIONAL 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 or the motion for leave to 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.

XIX – COMING INTO FORCE

Marginal note:Coming into force

 These Rules replace the Rules of the Court of Appeal of Quebec in Criminal Matters (SI/2006-142) and shall come into force on January 1, 2019.

 

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