Next steps following the opening of a court file in criminal matters

Counsel for a party other than the appellant must file a written appearance within 10 days of service of the notice of appeal, of the judgment granting leave to appeal or of the judgment referring the motion for leave to the Court (s. 28).  

• 1 original must be filed at the Office of the Court;
• Paper format: 21.5 cm by 28 cm; 
  
  
• There are no court fees to be paid. 

Parties represented by counsel may request that a facilitation conference in criminal matters be held (s. 62). To do so, the parties must complete and file at the Office of the Court the online form available at: http://courdappelduquebec.ca/en/judical-mediation-and-facilitation-conferences/facilitation-conferences/. Filing the form suspends the time limits applicable to the appeal proceedings. 

The conference is presided by a judge who meets with the parties' counsel for the purpose of seeking a partial or definitive resolution of the appeal. Counsel must undertake in writing to keep the content of the discussions confidential. 

Parties may request that a case management conference in criminal matters be held by sending a letter to the clerk setting out the reasons for the request (s. 32). The conference, which is presided by a judge, allows the parties to define the issues genuinely in dispute and establish appropriate means to simplify the proceedings and reduce the duration of the hearing. 

At the request of the appellant, the clerk of the trial court must 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 (s. 29). 

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 will not be entitled to the transcript until those costs have been paid. The prosecution must pay the costs of whatever portion it alone requires (s. 30). 

The clerk of the trial court must inform the parties and the clerk of the Court of Appeal that the record on appeal is complete, at which point the appellant may then take immediate possession of the record (s. 30). 

An appellant who asks a private stenographer to prepare the transcript must so advise the respondent and the clerk of the trial court. The appellant must also inform them when the transcript is completed so that the clerk of the trial court can proceed pursuant to section 30 (s. 29). 

Within 60 days from the date of the notice required by section 30 of the Rules, the appellant must file seven copies of its brief on paper and must attach to each paper copy a USB key containing the technological version of its brief (s. 12 and 42). 

Within 60 days from the filing of the appellant’s brief, the respondent must file seven copies of its brief (paper version and technological version). 

The parties' briefs must satisfy the requirements of sections 35 and following. You can consult model briefs online at: http://courdappelduquebec.ca/en/procedure-and-notices/examples-of-proceedings/.

A judge may decide that the proceedings will be undertaken without briefs, on the basis of the fast-track procedure (e.g., appeal from a sentence). In such a case, the parties must file, in accordance with the timetable established, five copies of the documents that stand in lieu of the brief. These documents must satisfy the requirements of sections 60 and following. 

In all situations, if a pleading does not comply with the requirements, the clerk of the Court of Appeal must advise its author of the corrections required and establish a time limit for doing so. Failing correction within the stipulated time limit, the pleading will be refused (s. 43). To ensure that the documents filed at the Office of the Court comply with the requirements, you should check your pleadings with the help of the checklists available online at: http://courdappelduquebec.ca/en/general-information/checklists/. 

In addition to its brief, a party can submit a book of authorities. This is particularly useful if a party wants to bring to the attention of the Court recent cases or doctrine not included in the list of authorities in its brief. The Court, however, is very familiar with certain judgments and these need not be reproduced in a book of authorities- For more information, see: List of judgments deemed to be part of a book of authorities in criminal matters

The book of authorities must satisfy the requirements of sections 44 and following:

• Printed on both sides of each sheet; 
  
  
• Each volume must be tabbed;  Relevant extracts must be identified by underlining, highlighting or vertical lines in the margin;
  
  
• The cover page must include: the record number in appeal, the designation of the parties, and the title and status of the filing party; 
  
  
• Four copies must be filed; 
  
  
• Notified to the other parties; 
  
  
• Filed 30 days before the hearing. 

If you file a technological version (USB key) of your book of authorities, it must be searchable by keyword (s. 44). The USB key must be identified as required by section 12. 

When a hearing date has not previously been set by the Court, by a judge or by the clerk, and the appeal file is ready to be heard, the clerk must issue a declaration of readiness and send it to counsel and unrepresented parties (s. 63). 

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

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 must make the order it deems appropriate (s. 75).  

The Court sits from September to June in order to hear appeals on the merits. The Master of the Rolls prepares the rolls three months in advance. The rolls are available on the Court's website and are updated on an ongoing basis to reflect discontinuances, settlements, amendments, etc. The clerk must send a copy of the roll to counsel and to unrepresented parties at least 30 days in advance (s. 66). The sending of the roll constitutes the notice of hearing. 

• Hearings begin at 9:30 a.m. (s. 67);
  
  
• Dress: For counsel, a gown, bands, white collared shirt and dark garment (s. 8). For individuals, appropriate attire to maintain the decorum of a court of appeal; 
  
  
• Everyone present must turn off the sound of any electronic device in their possession (s. 7). 

If there is a settlement or discontinuance, the parties must inform the Office of the Court as quickly as possible. The original notice of discontinuance must satisfy the requirements of s. 74 and be filed at the Office of the Court.