GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of the Court of Appeal of Quebec in Criminal Matters — 17
Access to a file 17 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 18
Format 18 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Signature
Signature All pleadings shall be signed by the party or that party’s counsel.
Rules of the Court of Appeal of Quebec in Criminal Matters — 19
Designation of the parties 19 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
In an appeal relating to extraordinary remedies, the status of a decision-maker contemplated by an application in Superior Court shall be IMPLEADED PARTY.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 20
Heading 20 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 21
Amendment 21 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 22
Service and notification 22 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 23
Time limit (s. 678(1) Cr.C. ) 23 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 24
Content 24 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 25
Number of copies 25 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 26
Delivery by the clerk 26 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 27
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. 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Clerk of the trial court
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 28
Appearance 28 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 29
Transcript of trial proceedings 29 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
Unless one of the parties requires otherwise, or unless otherwise ordered by a judge, the following shall be omitted from the transcript:
Rules of the Court of Appeal of Quebec in Criminal Matters — Private stenographer
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Delivery of trial proceedings
Delivery of trial proceedings Trial proceedings shall be delivered to the Office of the Court only at the request of a judge.
Rules of the Court of Appeal of Quebec in Criminal Matters — 30
Notice to the Clerk 30 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Payment of costs
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 31
Content 31 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Exemption from affidavit
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Release pending appeal to the Supreme Court
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 32
Request for case management 32 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 33
Orders 33 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Directions
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 34
Remote hearings 34 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Necessary steps
Necessary steps The parties shall take the necessary steps for the hearing to be held remotely.
Rules of the Court of Appeal of Quebec in Criminal Matters — Costs
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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Consent
Consent Written consent of the accused must be obtained for any videoconference not ordered by the Court pursuant to section 688 Cr.C .
Rules of the Court of Appeal of Quebec in Criminal Matters — 35
Content 35 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 36
Argument 36 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 37
Joint statement of facts 37 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — 38
Number of pages 38 Parts I to IV of the argument may not exceed 30 pages, unless a judge decides otherwise.
Rules of the Court of Appeal of Quebec in Criminal Matters — 39
Schedules 39 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: (i) the notice of appeal and, if applicable, the motion for leave to appeal and the judgment granting leave; (ii) the indictment and the minutes of the hearing on the merits at trial; (iii) all applicable statutory and regulatory provisions, in both official languages, if available, other than those in the Constitution Act, 1982 (being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11), the Criminal Code (R.S.C. 1985, c. C-46), the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Canada Evidence Act (R.S.C. 1985, c. C-5), the Interpretation Act (R.S.C. 1985, c. I-21), and the Youth Criminal Justice Act (S.C. 2002, c. 1); (c) Schedule III: those exhibits and depositions or extracts thereof necessary for the Court to decide the issues in dispute.
Rules of the Court of Appeal of Quebec in Criminal Matters — 40
Final requirements 40 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
The title of each following page shall restate the witness’ name and the information in abbreviated form.
Rules of the Court of Appeal of Quebec in Criminal Matters — 42
Copies and notification 42 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.
Rules of the Court of Appeal of Quebec in Criminal Matters — Rules of the Court of Appeal of Quebec in Criminal Matters
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.