GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulation of the Court of Québec — 113
113 Case management conference. A judge may hold a case management conference in the presence of the accused and the lawyer of record to specify the issues genuinely in dispute and identify appropriate means to simplify the proceeding and reduce the duration of the hearing. The chief judge may establish rules of practice concerning case management conferences.
Regulation of the Court of Québec — Regulation of the Court of Québec
The chief judge may establish rules of practice concerning case management conferences.
Regulation of the Court of Québec — 114
114 Preliminary inquiry and preparatory hearing. A party that wishes a preliminary inquiry to be held must complete, to the judge’s satisfaction and before a hearing date is set, the form provided by the rules of practice established by the chief judge. If a preparatory hearing under section 536.4 of the Criminal Code (R.S.C. 1985, c. C-46) is necessary, it shall be held on the date and at the time and place set by the judge. The judge presiding over the hearing shall also consider any other matter that would promote a fair and expeditious inquiry.
Regulation of the Court of Québec — Regulation of the Court of Québec
If a preparatory hearing under section 536.4 of the Criminal Code (R.S.C. 1985, c. C-46) is necessary, it shall be held on the date and at the time and place set by the judge. The judge presiding over the hearing shall also consider any other matter that would promote a fair and expeditious inquiry.
Regulation of the Court of Québec — 115
115 Pre-hearing conference . A pre-hearing conference under section 625.1 of the Criminal Code (R.S.C. 1985, c. C-46) shall be held on the date and at the time and place set by the judge. The chief judge may establish rules of practice concerning prehearing conferences.
Regulation of the Court of Québec — Regulation of the Court of Québec
The chief judge may establish rules of practice concerning prehearing conferences.
Regulation of the Court of Québec — 116
116 Facilitation conference. A judge may hold a facilitation conference with the lawyers for the parties to find a partial or final resolution of the file. The chief judge may establish rules of practice concerning facilitation conferences.
Regulation of the Court of Québec — Regulation of the Court of Québec
The chief judge may establish rules of practice concerning facilitation conferences.
Regulation of the Court of Québec — 117
117 Designation of a judge responsible for case management. A motion under section 551.1 of the Criminal Code (R.S.C. 1985, c. C-46) is made using the form provided in the rules of practice established by the chief judge.
Regulation of the Court of Québec — 118
118 Applicable provisions. The provisions of Division I of this Chapter apply, adapted as required, to the matters provided for in the Code of Penal Procedure (chapter C-25.1).
Regulation of the Court of Québec — 119
119 Time limit for filing. Notwithstanding section 104 of this Regulation, the prior notice, written application and affidavit mentioned in article 32 of the Code of Penal Procedure (chapter C-25.1) must be filed at least one clear day before the date scheduled for their presentation.
Regulation of the Court of Québec — 120
120 Consultation of a record. A person entitled by law may, after the clerk has verified the person’s entitlement and identity, consult a record or obtain a copy of all or part of the record. The record may be consulted only in the presence of the clerk or a person designated by the clerk. The clerk enters in the record the name and title of the person consulting the record and the nature and identification of the exhibits consulted or provided.
Regulation of the Court of Québec — Regulation of the Court of Québec
The clerk enters in the record the name and title of the person consulting the record and the nature and identification of the exhibits consulted or provided.
Regulation of the Court of Québec — 121
121 Removal. No record may be removed from the court office, except for an appeal or a judicial review under the Code of Civil Procedure (chapter C-25.01), or at the request or with the authorization of a judge.
Regulation of the Court of Québec — 122
122 Opening of record. The clerk opens a record for each case brought before the court, and all pleadings filed in the record must bear the full record number. When the situation of several children is examined jointly, a copy of all exhibits, minutes, stenographic notes and judgments is filed in the record of each child, unless the court decides otherwise.
Regulation of the Court of Québec — Regulation of the Court of Québec
When the situation of several children is examined jointly, a copy of all exhibits, minutes, stenographic notes and judgments is filed in the record of each child, unless the court decides otherwise.
Regulation of the Court of Québec — 123
123 Court register. When a record is sent to the court or to the judge, an updated extract from the court register is placed in the record and inserted on the reverse side of the cover.
Regulation of the Court of Québec — 124
124 Name and date of birth. The name and date of birth of the child must be inscribed legibly on each record.
Regulation of the Court of Québec — 125
125 Exhibits. In addition to the rules set out in section 13 of this Regulation, the exhibits produced must bear the record number and a code letter specific to each party, be numbered consecutively, and be accompanied by a list. The consecutive numbering must continue for any application made under sections 38 and 95 of the Youth Protection Act (chapter P-34.1). In youth protection matters, the code letters are as follows: D: the director of youth protection; E: the child; M: the mother; P: the father; PM: the father and mother; PG: the Attorney General; I: the intervenor; C: the Commission des droits de la personne et des droits de la jeunesse ; MC: the impleaded party; AD: any other applicant. The code letters are preceded by “Pr-” for provisional applications and by “Ir-” for incidental applications, and are independently numbered.
Regulation of the Court of Québec — Regulation of the Court of Québec
The consecutive numbering must continue for any application made under sections 38 and 95 of the Youth Protection Act (chapter P-34.1).
Regulation of the Court of Québec — Regulation of the Court of Québec
In youth protection matters, the code letters are as follows: D: the director of youth protection; E: the child; M: the mother; P: the father; PM: the father and mother; PG: the Attorney General; I: the intervenor; C: the Commission des droits de la personne et des droits de la jeunesse ; MC: the impleaded party; AD: any other applicant.
Regulation of the Court of Québec — Regulation of the Court of Québec
C: the Commission des droits de la personne et des droits de la jeunesse ;
Regulation of the Court of Québec — Regulation of the Court of Québec
The code letters are preceded by “Pr-” for provisional applications and by “Ir-” for incidental applications, and are independently numbered.
Regulation of the Court of Québec — 126
126 Establishment of a child’s identity, date of birth and filiation. A child’s identity, date of birth and filiation must be established no later than at the beginning of the hearing on the merits of an application for protection, or any other time authorized by the judge. The information is established using a birth certificate, unless the judge decides otherwise. For this purpose, the production of a copy of the child’s birth certificate is permitted after its conformity with the original has been verified. If the certificate is written in a language other than French or English, it must be translated when filed. When one or both of the parents are deceased, the production of a photocopy of the death certificate suffices.
Regulation of the Court of Québec — Regulation of the Court of Québec
For this purpose, the production of a copy of the child’s birth certificate is permitted after its conformity with the original has been verified.
Regulation of the Court of Québec — Regulation of the Court of Québec
If the certificate is written in a language other than French or English, it must be translated when filed.
Regulation of the Court of Québec — Regulation of the Court of Québec
When one or both of the parents are deceased, the production of a photocopy of the death certificate suffices.
Regulation of the Court of Québec — 127
127 Written application and accessory application. All applications must be made in writing unless an exemption is granted by the court. When the accessory application is made at the same time as the principal application, it may appear in the same pleading provided the allegations and conclusions are separately identified.
Regulation of the Court of Québec — Regulation of the Court of Québec
When the accessory application is made at the same time as the principal application, it may appear in the same pleading provided the allegations and conclusions are separately identified.
Regulation of the Court of Québec — 128
128 Knowledge of a judgment, order, promise or agreement concerning the child. The applicant must state if the child is subject to an agreement on voluntary measures between the parties or with the director of youth protection, or to an application, action or judgment and, where applicable, produce a copy of the agreement, pleadings or judgment. When the grounds for the application include a criminal prosecution, the applicant must produce a copy of the information, promise, undertaking or judgment, unless an exemption is granted by the court. Any party having knowledge of a judgment, order, promise or agreement affecting the child’s rights must notify the court of it.
Regulation of the Court of Québec — Regulation of the Court of Québec
When the grounds for the application include a criminal prosecution, the applicant must produce a copy of the information, promise, undertaking or judgment, unless an exemption is granted by the court.
Regulation of the Court of Québec — Regulation of the Court of Québec
Any party having knowledge of a judgment, order, promise or agreement affecting the child’s rights must notify the court of it.
Regulation of the Court of Québec — 129
129 Authorized applicant. The pleading must indicate if the applicant is authorized by the director of youth protection to act with respect to the child’s situation, in accordance with the Youth Protection Act (chapter P-34.1).
Regulation of the Court of Québec — 130
130 Analyses, reports, studies and expert reports. All analyses, reports, studies and expert reports must be concise and relevant to the case. In addition, the study of the child’s social situation by the director of youth protection, including recommendations, is limited to a maximum of 10 pages, unless the judge decides otherwise because of exceptional circumstances. This application must be made in writing. The documents must be laid out with at least single spacing and Aria 12 point typeface.
Regulation of the Court of Québec — Regulation of the Court of Québec
In addition, the study of the child’s social situation by the director of youth protection, including recommendations, is limited to a maximum of 10 pages, unless the judge decides otherwise because of exceptional circumstances. This application must be made in writing.
Regulation of the Court of Québec — Regulation of the Court of Québec
The documents must be laid out with at least single spacing and Aria 12 point typeface.
Regulation of the Court of Québec — 131
131 Joint inquiry. Where the judge is seized of the situation of more than one child from the same family, or where the parties are proceeding by way of a joint inquiry, the report on the assessment of the child’s social situation filed in respect of each child must indicate the passages specific to that child using shaded text.
Regulation of the Court of Québec — 132
132 Written statement by witness. Every report filed under article 292 of the Code of Civil Procedure (chapter C-25.01) must be accompanied by a notice setting out with precision the relevant points that the person filing the report wishes to prove and a reference to the passages concerned.
Regulation of the Court of Québec — 133
133 Extracts from reports by other authors. The study of the child’s social situation by the director of youth protection may contain extracts from reports by other authors provided the whole of such reports are made available to the parties on request.
Regulation of the Court of Québec — 134
134 Application for an exemption. An application for an exemption under section 84.2 of the Youth Protection Act (chapter P-34.1) must be made in writing and give reasons.
Regulation of the Court of Québec — 135
135 Handwritten document. Every handwritten document must be legible or accompanied by a legible transcript.
Regulation of the Court of Québec — 136
136 Notice of appeal and decision rendered on appeal. A copy of a notice of appeal or of a decision rendered on appeal from a judgment by the court must, as soon as it is received, be forwarded by the clerk to the judge who rendered the judgment in first instance.
Regulation of the Court of Québec — 137
137 Separate rolls. Separate rolls for the hearing of cases in matters of child protection and adoption must be prepared by the clerk.
Regulation of the Court of Québec — 138
138 Adjournment by the clerk. When the judge is absent or unable to act, the clerk may adjourn any hearing for a set period that may not exceed the next session.
Regulation of the Court of Québec — 139
139 Advisement. Before submitting a record to the judge for purposes of advisement, the clerk ensures that it is complete. If the record is incomplete, the clerk notifies the parties’ lawyers of this fact so that they may complete it within the time limit set by the court. If a party fails to file an exhibit required by the judge or fails to complete its oral or written arguments within the time limit set at the trial, the judge takes the case under advisement at the stage it has reached on the expiry of that time limit.
Regulation of the Court of Québec — Regulation of the Court of Québec
If a party fails to file an exhibit required by the judge or fails to complete its oral or written arguments within the time limit set at the trial, the judge takes the case under advisement at the stage it has reached on the expiry of that time limit.
Regulation of the Court of Québec — 140
140 Order involving disclosure to a third party. When the execution of an order involves disclosure to a third party, the disclosure is made separately by the court and forwarded by the clerk in the form of an extract prepared by the judge.
Regulation of the Court of Québec — 141
141 Consultation of a record by a lawyer. A lawyer who wishes to consult a record and who has not filed a document confirming his or her mandate must present to the clerk written authorization from the person or organization referred to in section 96 of the Youth Protection Act (chapter P-34.1).
Regulation of the Court of Québec — 142
142 Access to a record that is to be destroyed. Access to a record that is to be destroyed under the Youth Protection Act (chapter P-34.1) is prohibited from the time when the child reaches the age of 18, except if the time limit for appeal has not expired.
Regulation of the Court of Québec — 143
143 Destruction of the entry in the alphabetical index and register and of sound recordings. When the destruction of a record is provided for under the Youth Protection Act (chapter P-34.1), the entry in the alphabetical index and court register, the sound recording, any transcript of the recording, the stenographic notes and all the related information must be destroyed at the same time as the record.
Regulation of the Court of Québec — 144
144 Time limit for destruction. Records referred to in section 96 of the Youth Protection Act (chapter P-34.1) must, within 3 months of the date on which access to the records was prohibited, be transported to an appropriate place for incineration or shredding by two persons designated in writing by the clerk for that purpose.
Regulation of the Court of Québec — 145
145 Destruction procedure. The records must be incinerated or shredded in the presence of the two persons and the clerk, who draws up a report of the event.
Regulation of the Court of Québec — 146
146 Destruction report. The report of the destruction of the records must contain: the numbers or serial numbers of the records destroyed and the date, the place and the means used to destroy the records.
Regulation of the Court of Québec — 147
147 Change of district. The clerk of the court before which an application is brought in accordance with the second paragraph of section 95.1 of the Youth Protection Act (chapter P-34.1) contacts the clerk of the district where it was originally brought in order to obtain a copy of the record.
Regulation of the Court of Québec — 148
148 General provision. Sections 121 to 123, 125 to 128, 130, 133, 134, 137 to 140 of this Regulation, adapted as required, govern matters of adoption.
Regulation of the Court of Québec — 149
149 Establishment of a child’s identity, date of birth and filiation. The birth certificate required must have been issued less than one year before it is filed.
Regulation of the Court of Québec — 150
150 Conservation of certain applications in the same record. Applications for an order of placement, for the revocation of an order of placement, and for adoption with respect to the same child, as well as any related pleadings, are kept in the same record. All other applications and the related pleadings are kept in separate records.
Regulation of the Court of Québec — Regulation of the Court of Québec
All other applications and the related pleadings are kept in separate records.
Regulation of the Court of Québec — 151
151 Name on record. The given name and name proposed for the child must be entered on each record, along with the child’s original given name and name between parentheses if they are different. In cases involving the recognition of a foreign judgment, the record is opened in the name of the child.
Regulation of the Court of Québec — Regulation of the Court of Québec
In cases involving the recognition of a foreign judgment, the record is opened in the name of the child.
Regulation of the Court of Québec — 152
152 Conservation and withdrawal of exhibits. In accordance with the directive issued by the chief judge pursuant to article 108 of the Code of Civil Procedure (chapter C-25.01), exhibits are kept in the record beyond the one-year time limit. When a party wishes to withdraw an exhibit it has filed, the clerk returns the exhibit to the party and keeps a certified copy in the record.
Regulation of the Court of Québec — 153
153 Copy of judgment or certificate of attestation. Except if the court authorizes the parties to receive a copy of a judgment to be rendered, the clerk forwards to the parties a certificate attesting to any judgment judicially declaring a child eligible for adoption and to any order of placement or adoption judgment.
Regulation of the Court of Québec — 154
154 Foreign legislative and regulatory provisions. A party that invokes a foreign statute or regulation must provide a copy for the judge and the parties, and underline the relevant passages.
Regulation of the Court of Québec — 155
155 General provision. Sections 94 to 96, 98, 100 to 102, and 104 to 117 of this Regulation, adapted as required, apply.
Regulation of the Court of Québec — 156
156 Opening of record. The clerk opens a record for each information laid against a young person, and all pleadings filed in the record must bear the full record number.
Regulation of the Court of Québec — 157
157 Exhibits. In addition to the rules set out in section 13 of this Regulation, the exhibits filed must bear the record number and a description of their nature. They must be identified using a code letter specific to each party, be numbered consecutively, and be accompanied by an inventory. The code letters are as follows: P: the prosecution; D: the defence; DP: the provincial director; PM: the parent(s). The code letters are preceded by “VD-” for a voir dire, “EML-” for a release hearing and “EP-” for a preliminary inquiry
Regulation of the Court of Québec — Regulation of the Court of Québec
The code letters are as follows: P: the prosecution; D: the defence; DP: the provincial director; PM: the parent(s).
Regulation of the Court of Québec — Regulation of the Court of Québec
The code letters are preceded by “VD-” for a voir dire, “EML-” for a release hearing and “EP-” for a preliminary inquiry
Regulation of the Court of Québec — 158
158 Separate roll. A separate roll for the hearing of cases in criminal and penal matters must be drawn up by the clerk. The clerk keeps the roll for each courtroom at the court office.
Regulation of the Court of Québec — 159
159 Appearance. A lawyer appearing for a young person may do so at the hearing or by way of a written designation.
Regulation of the Court of Québec — 160
160 Written application. An application based on section 54(10) of the Youth Criminal Justice Act (S.C. 2002, c. 1) is made by way of a notice of inscription on the roll containing a brief summary of the nature of the application. The notice must be forwarded to the other party, unless it has waived notice, two clear days before it is presented. An application for review based on section 59 or 94 of the Youth Criminal Justice Act (S.C. 2002, c. 1) must be in writing and give the reasons on which it is based, as well as the conclusions sought. The court may, however, on grounds it considers justified, authorize a verbal application for a review on the basis of section 59 of the Youth Criminal Justice Act (S.C. 2002, c. 1) if the notice required by that section is sent within the required time or if the recipients have waived notice.
Regulation of the Court of Québec — Regulation of the Court of Québec
An application for review based on section 59 or 94 of the Youth Criminal Justice Act (S.C. 2002, c. 1) must be in writing and give the reasons on which it is based, as well as the conclusions sought.
Regulation of the Court of Québec — Regulation of the Court of Québec
The court may, however, on grounds it considers justified, authorize a verbal application for a review on the basis of section 59 of the Youth Criminal Justice Act (S.C. 2002, c. 1) if the notice required by that section is sent within the required time or if the recipients have waived notice.
Regulation of the Court of Québec — 161
161 Time limit for service. When no time limit is set by law, every application must be served with notice of presentation of at least five clear days, unless an exemption is granted by the judge.
Regulation of the Court of Québec — 162
162 Application concerning completion of a sentence. Except in the case of an application made under section 54(10) of the Youth Criminal Justice Act (S.C. 2002, c. 1), every application made in connection with the completion of a sentence is submitted to the judge who imposed the sentence, except if the judge is absent or unable to act.
Regulation of the Court of Québec — 163
163 Application concerning custodial sentence. In every application under section 94, 95, 98, 103, 104 or 109 of the Youth Criminal Justice Act (S.C. 2002, c. 1) concerning a young person in custody after receiving custodial sentences in more than one judicial district, the pleading must list all the sentences covered by the application. The application may be heard in any of the districts. The party making the application must file in the court record a true copy of all the orders covered by the application. A certified copy of the decision made following the examination must be filed in every record containing an order affected by the decision. The court office must forward a certified copy of the decision to the court office of all the districts where the orders affected by the decision were made.
Regulation of the Court of Québec — Regulation of the Court of Québec
The application may be heard in any of the districts.