Court of Appeal of Quebec

Glossary

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English-French Glossary in criminal matters

To encourage the use of certain terms in criminal matters, the Court of Appeal provides a public French-English glossary. The Court intends to use this vocabulary in its judgments and invites the parties to do the same in the drafting of their procedures.

English-French Glossary in criminal mattersThis link open a pdf file in a new window.(17 KB)


Affidavit

A written statement made under oath by a person who can attest to the truth of the facts alleged.

Appeal

A statutory remedy through which a party asks the Court to amend a judgment in its favour. The right to appeal only exists where provided for by law. 

Appeal as of right

An appeal that does not require prior permission of the Court. Such an appeal is initiated by filing a notice of appeal with proof of service on the respondent. 

Appeal with leave

An appeal requiring the prior authorization of a judge of the Court. Such an appeal is initiated by filing an application for leave to appeal together with the notice of appeal.

Appellant 

Party that appeals a first instance judgment.

Applicant

The party filing an application.

Application

(Note: this term remplces the word "motion".)
A proceeding by which a party formulates a request. Depending on the nature of the request, an application may be made to the Court, a judge sitting alone or a clerk.

Application to the Court

An application presentable before a panel of three judges.

Application to an appellate judge

An application presentable before a judge of the Court of Appeal sitting alone.

Application to the clerk

An application presentable before the Clerk of the Court of Appeal.

 

Book of authorities 

A compliation of the case law and otherstatutory, regulatory, and doctrinal texts cited by a party in its brief. Parties may file excerpts of these documents. Relevant passages must be highlighted.

Brief 

A document filed by each party containing a written argument and schedules, which include the documents required by the Civil Practice Regulation of the Court.

Certificate of lapse of appeal

A document by which the Clerk of the Court establishes that the appellant or the incidental appellant’s brief was not filed within the time limits. The certificate of lapse of appeal is sent to the parties and ends the appeal or the incidental appeal.

Certificate concerning depositions transcripts 

A certificate filed by the appellant stating that the appellant has given instructions to an official stenographer to transcribe the depositions it intends to use on appeal. If the appellant does not intend to use any transcripts on appeal, the certificate indicates no transcript of depositions is necessary for the appeal.

Civil Practice Regulation

Regulation adopted by the Court in order to manage its operations. This regulation compliments the the Code of Civil Procedure.

Clerk

An officer of justice employed by the Ministère de la Justice and appointed to serve at the Court, pursuant to the Courts of Justice Act (RLRQ, chapter T-16). The clerk is responsible for the Office of the Court and is appointed to undertake certain proceedings.

Code of Civil Procedure

The Code of Civil Procedure (C.C.P.) establishes the rules of procedure before the courts.

 

Date of presentation

Date chosen by an applicant for the presentation of an application. This date is indicated in the document entitled “Notice of Presentation” attached to an application.

Depositions

The depositions are the testimonies and witness statements offered in a trial. The transcriptions of depositions must be produced by an official stenographer.

 

Facilitation conference in criminal matters

A conference presided by a judge which brings together parties’ counsel and attempts to find a partial or final solution to an appeal in criminal matters. Matters discussed at such a conference remain confidential. 

First Instance Judgment 

Decision of a court for which an appeal proceeding has been filed at the Court of Appeal. 

Incidental appeal

An appeal initiated by a second party after a notice of appeal has been filed by the appellant. An incidental appeal is initiated by filing a notice of incidental appeal with the office of the Court.

Incidental appellant

The party that files an incidental appeal.

Incidental respondent

The party against whom an incidental appeal is brought

Judgment rendered during the course of a proceeding

A decision rendered before the final judgment.

Judgment that terminates a proceeding

A judgment putting an end to the primary dispute.

Legal costs

Legal costs include court costs and fees, costs incurred for the printing and binding of appeal briefs and memorandums, and expenses for the service or notification of pleadings. Legal costs are normally granted to the party for whom a judgment is favourable. 

Management conference in criminal matters

A conference presided by a judge in order to allow the parties to specify the issues of the dispute, simplify the procedure and shorten the hearing of a criminal file.

Memorandum

All documents filed by a party in lieu of an appeal brief in certain files.

Notice of discontinuance

A notice through which the appellant abandons its appeal or application for leave to appeal before judgment is rendered. The Clerk must be informed without delay of the discontinuance.

Notice of hearing

Notice of the Clerk sent to counsel and unrepresented parties announcing the date of the appeal hearing.

 

Notice of presentation

A document accompanying an application and through which a party informs the other of the date and place that the application will be heard.

Office of the Court

Registry of the Court of Appeal responsible for the management of Court files. Proceedings are filed here. The Court of Appeal has two offices of the court: one in Montréal (Édifice Ernest-Cormier, 100, rue Notre-Dame Est) and the other in Québec (300, boulevard Jean-Lesage). 

Preclusion

Where the respondent or an impleaded party has failed to file its brief or memorandum within the time limit, they are precluded from making further representations. The precluded party cannot be heard at the hearing without permission from the Court.

Reference

The process by which the government may submit any question it deems significant to the Court for hearing and examination.   

Respondent 

Party against whom an appeal proceeding has been filed.

Roll for hearing 

A document outlining the daily or weekly hearing schedule.  

 

Setting down for hearing

A proceeding by which the Clerk declares that the file is complete, that is to say that the parties have filed their briefs and that the file is ready for a hearing to be set.  

Settlement conference

A procedure mediated by a judge through which the parties mutually agree to attempt to resolve their dispute.  Matters discussed at such a conference remain confidential. 

Sworn statement

A statement received and affirmed by a person authorized to do so by law.