GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of the Court of Appeal of Quebec in Criminal Matters — 43
Non-compliance 43 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 44
Book of authorities 44 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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).
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
Case law or doctrine may be limited to relevant extracts (along with the preceding and succeeding page) together with the headnote (if available).
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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”).
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 45
Judgments deemed to be included in a book of authorities 45 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 46
Filing 46 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 47
Presentation and content 47 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 48
Affidavit 48 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 49
Presentation date 49 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 50
Service, notification and notice of presentation 50 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Motion to dismiss
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Assignment of counsel (s. 684 
Assignment of counsel (s. 684 Cr.C. ) A motion presented to the Court seeking assignment of counsel shall be served on the Attorney General.
Rules of the Court of Appeal of Quebec in Criminal Matters — 51
Time of presentation 51 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 52
Incomplete or irregular motion 52 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 53
Party excused from attendance 53 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 54
Absence 54 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 55
Remote hearing 55 Where appropriate and the parties so consent, a motion may be heard by teleconference or videoconference.
Rules of the Court of Appeal of Quebec in Criminal Matters — 56
Request for adjournment 56 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 57
Motion to adduce fresh evidence (s. 683(1) Cr.C. ) 57 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Notice and terms
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Two-stage determination
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 58
Forum 58 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 59
Fast-track 59 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Timetable
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Default
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 60
Documents that must be filed 60 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Respondent’s questionnaire
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Written argument
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
A judge may order that such arguments be prepared when the issues raised by the appeal so warrant.
Rules of the Court of Appeal of Quebec in Criminal Matters — Technological version
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 61
Allegation of ineffective assistance of counsel 61 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Response from counsel
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Case management
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Fresh evidence (s. 683(1) 
Fresh evidence (s. 683(1) Cr.C. ) The parties shall present the appropriate motions in order to be authorized to file fresh evidence.
Rules of the Court of Appeal of Quebec in Criminal Matters — 62
Request form 62 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Participation
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Confidentiality
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 63
Declaration of readiness 63 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 64
Rolls 64 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 65
Orders of preference 65 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.