Court of Appeal of Quebec

Preparation of factums or documents standing in lieu thereof in criminal matters

As a general rule a factum must be submitted to the Court unless a judge decides otherwise. It is possible to request a management conference in criminal matters for a file, such as described above.

In certain matters, for example, the appeal of a sentence, an extraordinary remedy, a decision of the Social Affairs Section of the Quebec Administrative Tribunal acting as the Examination Commission pursuant to the Criminal Code, the rule is that a single written submission will be sufficient unless a judge decides otherwise. 


Standars track: factums


Fast track: summary referral

A judge may, through case management, allow an appeal to proceed without factums and authorize a fixed number of pages for argument to be submitted, within a reduced time frame (articles 1 and 64 R.C.A.).

 An example of fast track: summary referral in the case of an appeal of a sentence

This procedure allows for the acceleration of the process and the hearing of an appeal without the formality of factums.

The judge to whom a motion to appeal a sentence is presented may refer this request to the Court without adjudicating on it (article 55 R.C.A).

Once the motion for leave to appeal the sentence has been referred or granted, a judge must establish a timetable and fix the date for hearing of the motion or of the appeal as such, as the case may be (article 56 R.C.A.).