Motions in criminal matters

Examples of motions presented before a panel of three judges:

• Motion for leave to appeal for reasons, other than those mentioned in section 675(1)(a)(i) and (ii) Cr.C., considered sufficient (s. 675(1)(a)(iii) Cr.C.);
  
  
• Motion for review of the decision of a judge refusing leave to appeal a guilty verdict (s. 675(4) Cr.C.);
  
  
• Motion for review of the decision of a judge refusing an interim release (s. 680 Cr.C.) – Note: This motion must first be presented to the Chief Justice or to a judge designated by the chief justice;
  
  
• Motion to dismiss the appeal because the appellant did not file its brief within the prescribed time limit (s. 42);
  
  
• Motion seeking leave to adduce fresh evidence (s. 683(1) Cr.C. and s. 57).

Procedure to be followed:

• File 4 copies of the motion at the Office of the Court at least 5 working days before its presentation date (s. 47 and 50);
  
  
• The motion must not exceed 10 pages, excluding the designation of the parties and the conclusions sought (art. 47);
  
  
• The motion must be accompanied by all documents necessary for its adjudication (pleadings, judgments including reasons, exhibits, depositions, minutes, statutes and regulations, or extracts of these documents, etc.) (s. 47);
  
  
• Any motion alleging facts that do not appear in the record must be supported by the affidavit of a person who has personal knowledge of those facts (s. 48);
  
  
• A motion must be accompanied by a notice of presentation and must be notified, or served in the case of a motion for leave to appeal, with the attached documents (s. 50);
  
  
• The date of presentation of the motion must be determined in advance with the Office of the Court (s. 49). From September to June, the Court hears motions on Mondays at 9:30 a.m. In Montreal (514-393-2022), motions are heard in the Mignault courtroom and in Quebec City (418-649-3401), they are heard in courtroom 4.33. In the summer (July and August), the Court sits during a period of two weeks and the date of presentation must also be determined with the Office of the Court (see calendar of available dates: http://courdappelduquebec.ca/en/rolls/calendar-available-hearing-days-motions-presentable-before-the-judge-in-chambers-or-a-panel-of-three-judges/);
  
  
• Dress: For counsel, a gown, bands, white collared shirt and dark garment, and for articling students, a gown and dark garment. For individuals, appropriate attire to maintain the decorum of a court of appeal (s. 8);
  
  
• If a book of authorities is filed, 4 copies must be filed (s. 46).

Examples of motions presented to a judge sitting alone:

• Motion for leave to appeal for reasons involving questions of fact and/or questions of mixed law and facts (s. 675(1)(a)(ii) Cr.C.);
  
  
• Motion for leave to appeal from a sentence (s. 675(1)(b) and 676(1)(d) Cr.C.);
  
  
• Motion for interim release from custody (s. 679 Cr.C. and s. 31);
  
  
• Motion for a suspension of the obligation to pay a fine (s. 683(5) Cr.C.);
  
  
• Motion for an extension of the time limit to file an appeal (s. 678(2) Cr.C.);
  
  
• Motion for a special mode of service on a respondent who cannot not be found (s. 678.1 Cr.C.);
  
  
• Motion for leave to file a brief exceeding 30 pages (s. 38);
  
  
• Motion for review of the decision of the clerk refusing a brief (s. 43);
  
  
• Motion to adjourn the hearing (s. 56);
  
  
• Motion to shorten or extend a time limit (s. 77).

Procedure to be followed:

• File 2 copies of the motion at the Office of the Court at least 2 working days before its presentation date (s. 47 and 50);
  
  
• The motion must not exceed 10 pages, excluding the designation of the parties and the conclusions sought (art. 47);
  
  
• The motion must be accompanied by all documents necessary for its adjudication (pleadings, judgments including reasons, exhibits, depositions, minutes, statutes and regulations, or extracts of these documents, etc.) (s. 47);
  
  
• Any motion alleging facts that do not appear in the record must be supported by the affidavit of a person who has personal knowledge of those facts (s. 48);
  
  
• A motion must be accompanied by a notice of presentation and must be notified, or served in the case of a motion for leave to appeal, with the attached documents (s. 50);
  
  
• From September to June, a judge sits every day of the week, from Monday to Friday, at 9:30 a.m., in courtroom RC-18 in Montreal and courtroom 4.30 in Quebec City. In July and August, motions presented before a judge alone are presentable on the dates determined by the Chief Justice (see calendar of available dates: http://courdappelduquebec.ca/en/rolls/calendar-available-hearing-days-motions-presentable-before-the-judge-in-chambers-or-a-panel-of-three-judges/);
  
  
• Dress: For counsel, a gown is not required. For individuals, appropriate attire to maintain the decorum of a court of appeal (s. 8);
  
  
• If a book of authorities is filed, only one copy must be filed (s. 46).

Examples of motions presented before the Chief Justice:

• Motion for directions in relation to the conduct of the appeal (s. 33);
  
  
• Motion for placement on the roll by preference (s. 65);
  
  
• Motion for leave from the Chief Justice to request that the Court review the decision of a judge (s. 680 Cr.C.).

Procedure to be followed:

• File 2 copies of the motion at the Office of the Court at least 2 working days before the date set for its presentation (s. 47 and 65);
  
  
• The motion must be notified to the other parties (s. 65);
  
  
• The date of presentation must have been determined in advance with the Office of the Court by calling 514-393-2022 in Montreal and 418-649-3401 in Quebec City. In Montreal, the motion may be heard in the office of the Chief Justice or in courtroom RC-18. In Quebec City, the motion may be heard by the Chief Justice or by the designated judge in courtroom 4.30.