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Rules in Criminal Matters (coming into force: March 11, 2024)

Rules in Criminal Matters (coming into force: March 11, 2024)

Pursuant to section 482 of the Criminal Code (R.S.C. 1985, c. C-46), the judges of the Court of Appeal of Quebec have agreed to replace the Rules of the Court of Appeal of Quebec in Criminal Matters, SI/ 2018-96, by making the Rules of the Court of Appeal of Quebec in Criminal Matters, hereinafter, attested by the signature of the Chief Justice. These rules shall come into force on March 11, 2024.

Manon Savard, Chief Justice of Quebec

On September 19, 2019, amendments were made to sections 482 and 482.1 of the Criminal Code that ensured that the intended requirement to publish court rules in the Canada Gazette was eliminated. Consequently, you will find below the official version of the Rules of the Court of Appeal of Quebec in criminal matters.

Version of the Rules of the Court of Appeal of Quebec in Criminal Matter into force from January 1st, 2019 to March 10, 2024

PRELIMINARY PROVISIONS AND DEFINITIONS (s. 1 to 3)

PRELIMINARY PROVISIONS AND DEFINITIONS

1. Enabling provision. These Rules are adopted pursuant to the Court’s powers in accordance with ss. 482 and 482.1 of the Criminal Code (R.S.C. 1985, c. C-46) (Cr.C.).

2. Interpretation. These Rules are supplemental to the Criminal Code; they shall be interpreted and applied in the same manner.

3. Definitions. The following definitions apply in these Rules:

Application means a written pleading in which a request is submitted to the Court, a judge or the clerk, as the case may be (requête).
Authorities means statutory or regulatory texts, case law, legal literature, or any extract therefrom (sources).
Brief means a document containing an argument and three schedules (mémoire).
Chief Justice means the Chief Justice of the Court of Appeal (Juge en chef).
Clerk means a person appointed to serve at the Court of Appeal pursuant to the Courts of Justice Act (CQLR, c. T-16) (greffier).
Court means the Court of Appeal sitting as a panel of three judges, unless the Chief Justice increases that number (Cour).
Facilitation conference in criminal matters means a conference presided by a judge involving the parties’ lawyers for the purpose of seeking partial or final resolution of the appeal (conférence de facilitation pénale).
Fast-Track means the procedure followed in an appeal proceeding with memoranda, within a reduced time limit (voie accélérée).
Judge means a judge of the Court of Appeal (juge).
Management conference means a conference presided by a judge aimed at defining the issues genuinely in dispute and establishing appropriate means to simplify the proceedings and reduce the duration of the hearing (conférence de gestion).
Memorandum means a document prepared in lieu of a brief in the case of a fast-track appeal (exposé).
Offices of the Court means the two registries located at the two seats of the Court of Appeal at the Ernest Cormier Building, 100 NotreDame Street East, Montreal, Quebec, H2Y 4B6 and at 300 Jean-Lesage Boulevard, Quebec City, Quebec, G1K 8K6. The term also designates the digital Office of the Court for the purposes of electronic filing (greffes).
Working day means, for the purposes of these Rules, Monday to Friday, excluding the holidays listed at art. 18 of the Code of Penal Procedure (CQLR, c. C-25.01) (jours ouvrables).

I – PUBLIC HEARINGS AND DECORUM (s. 4 to 8)

I – PUBLIC HEARINGS AND DECORUM

4. Sitting days. The dates on which the Court, a judge or a clerk sits are published on the Court's website.

5. Court usher. A court usher shall be present during all hearings. The usher is responsible for the opening and closing of each sitting and the orderly conduct thereof.

6. Decorum. Whether the hearing is held in person or by technological means, the presiding judge shall take all necessary measures to ensure the maintenance of decorum and respectful behaviour.

7. Use of technology during hearings. Subject to the Court’s guidelines on the subject, no electronic or other device shall be turned on or used during the hearing (except for devices that accommodate a disability) and, except for the official court recording, any recording of the hearing is prohibited, whether the hearing is held in person or by technological means.

8. Dress. Before the Court, the following dress is required:

(a) for counsel: a gown, bands, white collared shirt and dark garment;

(b) for articling students: a gown and dark garment;

(d) for any other person: simple and unadorned attire that respects the Court’s decorum.

Upon notice given to the clerk of the Court before the hearing, the requirements set out in the first paragraph may be waived due to a particular physical condition. In such a case, simple and unadorned attire that respects the Court’s decorum shall suffice.

Simple and unadorned attire that respects the Court’s decorum is sufficient before a judge or clerk. The same requirements shall apply when a hearing is held using technological means.

II – CONFIDENTIALITY (s. 9 to 12)

II – CONFIDENTIALITY

9. Express reference. The notice of appeal and the application for leave to appeal shall include an express reference that the file contains no confidential information.

If any part of a file is confidential, the pleadings shall call attention to this by including the word “CONFIDENTIAL” beneath the court file number, and clearly indicate which aspects of the file are confidential and set out the legal provision or order that is the basis of the confidentiality. In the latter case, a copy of the order shall be filed with the Office of the Court at the same time as the notice of appeal or the application for leave to appeal; when a copy of the order is not available on that date, it must be filed within the deadline stipulated by the clerk.

Any other party must indicate, in writing, any correction or addition it considers necessary and attach a copy of the order, if any.

Each subsequent pleading which refers to something confidential shall call attention to confidentiality with the word “CONFIDENTIAL” appearing beneath the court file number.

10.Red binding.The confidential portion of a brief or memorandum shall be presented in a separate volume. To indicate the confidential nature of said volume (or of the file, as applicable), when it is filed on paper, the spine (spiral or tape) of the volume shall be red and the cover shall be marked with the word “CONFIDENTIAL” in red lettering. The confidential nature of the technological version of said volume must be clearly indicated.

11.Sealed content.Any confidential item or other confidential content filed on paper shall be placed in a sealed container or envelope, as the case may be, duly identified and marked “CONFIDENTIAL”. When it is filed on technological media, its confidentiality shall be clearly indicated.

12. Restricted access. Access to a confidential file or to confidential content in a file shall be restricted. When access to files or documents is restricted by law or by a court order, only the parties or persons authorized by law, a court order, the Court or one its judges may consult them or make copies thereof.

III – TECHNOLOGICAL MEANS (s. 13 and 15)

III – TECHNOLOGICAL MEANS

13. Technological version. The parties shall send to the Office of the Court a technological version of the paper version of their pleadings, their briefs or memoranda, or any other document.

In addition to the requirements of these Rules, the formatting, filing or transmission of this technological version shall be governed by the Chief Justice’s directives and the clerk’s practice directions or by the orders of the Court or a judge.

14. Digital Office of the Court. The filing or transmission of pleadings, briefs or memoranda or any other document by means of the digital Office of the Court shall be governed by the Chief Justice’s directives and the clerk’s practice directions, which shall also provide for the formatting standards for such documents.

15.Remote hearing. Except in the event of an order by the Court or a judge in accordance with s. 688 Cr.C., the Court or a judge may, of their own initiative, give the parties the choice of proceeding by videoconference or in person and may also order that a hearing be held by videoconference or, where that is impossible, by audioconference.

In other cases, the party who wishes to be heard by videoconference shall, as soon as possible, request such hearing by writing to the clerk. The judge who is to preside over the hearing decides the request, taking into account, in particular, the technological means available to the Court and the parties. Where it is impossible to proceed by videoconference, the judge may authorize that a hearing be held by audioconference.

The first and second paragraphs apply, with the necessary modifications, to a hearing to be held before the clerk.

The parties shall cooperate on the necessary steps so that such a hearing can be held.

IV – OFFICES OF THE COURT (s. 16 to 19)

IV – OFFICES OF THE COURT

16. Office hours. Unless provided otherwise, the offices of the Court are open Monday to Friday, from 8:30 a.m. to 4:30 p.m., local time. The days on which they are open are published on the Court’s website.

17. Register. The clerk shall maintain a computerized register (docket) which shall include all relevant information for each file, including the contact information of the parties and their counsel, the receipt of documents and matters arising during the appeal.

18. Contact. The clerk shall use the last known contact information of the parties and their counsel to contact them. The parties and their counsel must immediately advise the clerk of any change to their contact information.

In each pleading, a party not represented by counsel shall include their contact information.

In each pleading, counsel shall include their name, that of their firm or organization and all contact information (including email address, permanent code and locker number, where applicable).

Change of counsel or withdrawal of mandate. A party may change counsel by notification to the other parties, the clerk, and former counsel, of the name, address, telephone number and email address of new counsel. A party who no longer wishes to be represented by counsel shall so inform the other parties, counsel, and the clerk by notification that also sets out its complete contact information (including email, if available).

The decision to change counsel or to cease being represented by counsel has no impact on the hearing date unless a judge decides otherwise.

Leave to cease representing a party. To obtain leave to cease representing a party, counsel must file an application to that effect before a judge, whether a hearing date has been set or not.

19. Access to a file. The clerk shall supervise the consultation of files and the removal of documents.

Unless the application is made by one of the parties to the case during the proceedings (until the time limits to appeal have expired), copies of non-confidential documents can only be delivered upon payment of applicable fees.

V – PLEADINGS (s. 20 to 24)

V – PLEADINGS

20. Format. Pleadings filed on paper shall be printed on good quality white paper in letter format (21.5 cm by 28 cm). Pleadings and their schedules shall be paginated consecutively.

Handwritten pleadings shall not be accepted unless they are easily legible and intelligible.

The text shall be reproduced on one side only of each sheet, with a minimum of one and one-half spaces between the lines, except for quotations which shall be single-spaced and indented. The typeface shall be 12-point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm.

Signature. All pleadings shall be signed by the party or that party’s counsel.

21. Designation of parties. The following shall be indicated beneath the name of each party: their status in appeal in upper case letters, followed by the party’s status in first instance in lower case letters.

An intervener in first instance is designated as APPELLANT, RESPONDENT or IMPLEADED PARTY, depending on the circumstances. The designation “INTERVENER” is reserved for the party who intervenes only during the appeal.

In an appeal relating to extraordinary remedies, the status of a decision-maker contemplated by an application in Superior Court shall be IMPLEADED PARTY.

In an application for judicial review in extradition matters, the person whose extradition is sought is designated as the PETITIONER, the Minister who ordered the extradition is the RESPONDENT and the requesting State is the IMPLEADED PARTY.

22. Heading.The heading, contained on the first page of the pleading, shall indicate the filing party, the nature of the pleading, its date and, if the pleading includes a request, the provision on which it is based.

23. Amendment. If a pleading is amended, additions and substitutions shall be underlined and indicated by a vertical line in the margin; deletions shall be indicated either by struckout text or dots in brackets and indicated by a vertical line in the margin. The heading of the pleading shall indicate that it is an amended version thereof.

24. Service and notification. The parties shall serve or notify their pleadings and documents attached thereto in the manner set forth in the Code of Civil Procedure (CQLR, c. C-25.01). Pleadings other than those initiating an appeal shall be notified unless these Rules provide otherwise or if the relevant party chooses to serve the pleading.

Failure to appear. In appeals by the prosecution, if the accused fails to file an appearance, any pleading or document filed in the Court record must be sent to the accused by registered mail at the accused’s last known address.

VI – NOTICE OF APPEAL, APPLICATION FOR LEAVE TO APPEAL, APPLICATION TO EXTEND THE TIME LIMIT TO APPEAL AND PREPARATION OF THE FILE (s. 25 to 32)

VI – NOTICE OF APPEAL, APPLICATION FOR LEAVE TO APPEAL, APPLICATION TO EXTEND THE TIME LIMIT TO APPEAL AND PREPARATION OF THE FILE

25. Time limit (s. 678(1) Cr.C.). The notice of appeal and, if applicable, the application for leave to appeal shall be served and filed within 30 days from the judgment.

Where the accused is the appellant or the applicant and the accused is represented by counsel, the latter’s notification to the respondent of the pleading initiating the appeal and, as applicable, the application to extend the time limit to appeal shall constitute service.

Where the accused is the appellant or the applicant and the accused is not represented by counsel, the clerk shall send a copy of the pleading initiating the appeal to the respondent, which shall constitute valid service.

In the case of an appeal brought by the prosecution, the notice of appeal, the application for leave to appeal or the application to extend the time limit to appeal shall be served by a bailiff or peace officer on the respondent personally, before or after the filing of the pleading, but no later than 15 days from the filing, unless a judge orders otherwise.

The notice given to the Attorney General pursuant to arts. 76 to 78 of the Code of Civil Procedure (CQLR, c. C-25.01) shall be delivered in accordance with the procedure set out in those articles.

26. Content. In addition to the endorsements provided in section 9, the notice of appeal and the application for leave to appeal shall contain the following information:

(a) the offence;

(b) the sentence imposed, if applicable;

(d) in the case of a sentence appeal, an endorsement indicating whether the judgment as to guilt has been appealed or not and, as applicable, indicating the file number;

(e) the place and duration of the trial in days;

(f) the trial court and file number as well as, where applicable, the file number of the Superior Court sitting in appeal;

(g) the facts and the grounds of appeal stated concisely, in a maximum of 10 pages (the designation of the parties and the conclusions sought being excluded from the page count);

(h) the address and, if available, the email address of the appellant or applicant and the appellant’s or applicant’s counsel;

(i) the name, address and, if available, the email address of the respondent and, if applicable, of the other parties and their counsel at trial.

27. Number of copies. The notice of appeal, the application for leave to appeal and the application to extend the time limit to appeal shall be filed in the following number of copies:

(a) In the case of a notice of appeal: in three or four copies as the case may be (one copy for the Court file, two for the office of the trial court and, if the appellant is not represented by counsel, another for the respondent);

(b) In the case of an application presented to a judge: in four or five copies as the case may be (two copies for the Court file, two for the office of the trial court and, if the appellant or applicant is not represented by counsel, another for the respondent);

(c) In the case of an application presented to a panel: in six or seven copies as the case may be (four copies for the Court file, two for the office of the trial court and, if the appellant or applicant is not represented by counsel, another for the respondent).

Schedules to an application and to a notice of appeal need not be copied in the case of copies addressed to the office of the trial court.

28. Delivery by the clerk. The clerk shall deliver to the office of the trial court two copies of:

(a) the notice of appeal;

(b) the application for leave to appeal or the application to extend the time limit to appeal once granted as well as the judgment granting them;

(c) the application for leave to appeal or the application to extend the time limit to appeal once referred to a panel as well as the judgment referring them.

29. Application for leave to appeal granted. When an application for leave to appeal has been granted, it shall serve as the notice of appeal without further formality.

Clerk of the trial court. Upon receipt of the copies of the notice of appeal or, once it is granted, the application for leave to appeal, the clerk of the trial court shall deliver a copy to the judge who presided at trial or who rendered the judgment under appeal.

30. Appearance. Counsel for a party other than the appellant shall file a written appearance within 10 days of the service of the notice of appeal or the judgment granting leave to appeal or, the judgment referring the application for leave to the Court.

Any pleadings or documents filed in the Court file must be notified to the appearing counsel of record.

31. Transcript of trial proceedings. The appellant shall file in the office of the trial court an application to obtain a transcript and the exhibits that it requires within 30 days of the filing of the notice of appeal or the date on which the application for leave to appeal was granted or referred, unless an extension of time was granted by the Court’s clerk, such written application to extend being notified to the other parties. The appellant shall use the application form available at the Office of the Court and on the Court’s website to obtain a transcript and the exhibits.

The appellant shall also send within the same time period to the Office of the Court a copy of the aforementioned application with proof of filing with the office of the trial court as well as proof of notification to the other parties.

The clerk of the trial court shall take the necessary steps to obtain the required transcript and exhibits no later than four months following the filing of the application. Upon receipt, the appellant shall make the transcripts available to the other parties.

The latter may, in turn, within the following 30 days, request an additional transcript at their expense. They shall then send a copy of the aforementioned application to the Office of the Court with proof of filing with the office of the trial court as well as proof of notification to the other parties.

If the parties agree to a joint statement of facts instead of a transcript, they shall inform as soon as possible the clerk of the trial court who shall then proceed pursuant to section 32.

Unless one of the parties requests otherwise, or unless otherwise ordered by a judge, the following shall be omitted from the transcript:

(a) proceedings regarding jury selection;

(b) the opening address of the trial judge;

(d) evidence adduced in the absence of the jury and submissions made by counsel in the absence of the jury, except :

(i) submissions regarding the proposed content of the judge’s instructions to the jury, as well as the trial judge’s determination thereupon and reasons given,

(ii) objections regarding the jury instructions, as well as the trial judge’s determination thereupon and reasons given,

(iii) submissions regarding questions raised by the jury, as well as the trial judge’s determination thereupon and reasons given.

(e) submissions on the objection to the admissibility of evidence, except a notation of the objection, the trial judge’s determination thereupon and, if available, the reasons given.

Stenographer retained by the appellant. An appellant who asks a stenographer to prepare the transcript shall so advise the other parties, the Office of the Court and the clerk of the trial court. The appellant shall also notify them when the transcript is completed, so that the clerk of the trial court may then proceed in accordance with section 32. The time limit provided in the first paragraph shall apply with such modifications as the circumstances require.

Delivery of trial proceedings. Trial proceedings shall be delivered to the Office of the Court only at the request of a judge.

32. Notice to the Clerk. The clerk of the trial court shall inform the parties and the clerk of the Court that the appeal file is complete, including the exhibits, whereupon the appellant may then take immediate possession of the file. The clerk of the trial court shall also inform the clerk of the Court of Appeal if the parties waive the transcript.

Payment of costs.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 shall not be entitled to the transcript until those costs have been paid. The prosecution shall pay the costs of whatever portion of the transcript that it alone requires.

VII – INTERIM RELEASE FROM CUSTODY (s. 33)

VII – INTERIM RELEASE FROM CUSTODY (s. 679 Cr.C.)

33. Content. An appellant seeking his or her interim release from custody shall indicate the conditions that were imposed in first instance, as applicable, as well as those that he or she considers appropriate on appeal and shall attach to his or her application an affidavit certifying:

(a) the appellant’s places of residence in the three years prior to conviction as well as the place the appellant intends to reside if released;

(b) if applicable, the appellant’s employment before conviction, the appellant’s employer, as well as the appellant’s intended employment if released;

(d) if applicable, any charges pending against the appellant, in Canada and elsewhere, at the time of the application;

(e) whether or not the appellant holds a Canadian or foreign passport or has submitted a passport application that is pending.

Exemption from affidavit. The judge to whom the application is presented may waive the filing of an affidavit and rely on a statement of facts signed by the appellant’s counsel and counsel for the respondent.

Release from custody pending an appeal to Supreme Court. An application for release from custody pending an appeal to the Supreme Court of Canada shall be accompanied by written proof certifying that an application for leave to appeal or a notice of appeal has been filed.

VIII – APPEAL MANAGEMENT (s. 34 to 36)

VIII – APPEAL MANAGEMENT (s. 482.1 Cr.C.)

34. Request for case management. A party requesting an appeal management conference shall, as soon as possible, so inform the clerk in writing, setting out the grounds for the request. A judge may also decide of his or her own initiative to preside at such a conference.

Orders. The Court or the managing judge may make any order and issue any directive required in the interests of justice.

35. Discontinuance and death of a party. An appellant who wishes to discontinue the appeal shall file a notice of discontinuance signed by the appellant or the appellant’s counsel. Where signed by the appellant, the appellant’s signature shall be certified by affidavit or endorsed by counsel, or if the appellant is detained, by an officer of the detention facility. If the appellant is subject to interim release from custody, the appellant must surrender to the appropriate custodial authorities within three days of filing the discontinuance, or if on probation or serving a conditional sentence of imprisonment, notify the discontinuance to the probation officer or supervision officer within the same time limit.

A judge may confirm the discontinuance, even in the absence of the parties or of their counsel.

In the event of death of a party, a declaration of death shall by filed forthwith in the Court file. An application may be presented to the Court for the appeal to continue, nevertheless. In the event that there is no application, the case may be placed on the special roll pursuant to section 80.

36. Joinder of appeals. The clerk may join appeals, including those as to guilt and the sentence.

IX – BRIEFS (s. 37 to 45)

IX – BRIEFS

37. Content.The appellant’s brief shall include its argument and three schedules; that of the respondent or that of the impleaded party or intervener, if any, shall include its argument and, if necessary, elements in addition to those in the appellant’s schedules.

38. Argument. Each argument shall be divided into five parts:

(a) Part I (Facts): the appellant shall succinctly state its position and recite the facts. The respondent may comment and relate additional facts.

(b) Part II (Issues in dispute): the appellant shall concisely state the issues in dispute. The appellant who wishes to raise questions of law not stated in its pleadings initiating an appeal shall state and clearly set forth those grounds. If the appellant wishes to raise questions of fact or mixed questions of fact and law not stated in its pleadings initiating an appeal, the appellant shall first request permission to do so in writing and obtain leave from a judge, unless the judge refers the matter to the panel that will hear the appeal. The respondent shall respond to the questions raised by the appellant and may raise any further questions that the respondent intends to debate, including those questions that the trial court rejected or did not consider.

(c) Part III (Grounds): each party shall develop its submissions, with specific reference to the content of the schedules. If the respondent seeks the application of s. 686(1)(b)(iii) Cr.C., the respondent shall refer to that section and set forth submissions of fact and of law to that effect.

(d) Part IV (Conclusions): each party shall state the precise conclusions it seeks.

(e) Part V (Authorities): each party shall prepare a list of authorities in the order in which they appear in the argument, making specific reference to the paragraphs at which they are cited.

39. Joint statement of facts. The parties may agree to a joint statement of facts in place of transcripts of the depositions and exhibits, or of a part thereof. The appellant shall produce this joint statement of facts immediately after Part V of its argument, unless a judge directs otherwise.

40. Number of pages. Parts I to IV of the argument may not exceed 30 pages, unless a judge decides otherwise.

When the intervention is that of the Attorney General of Quebec, the Attorney General of Canada, the Director of Criminal and Penal Prosecutions or the Public Prosecution Service of Canada, Parts I to IV of the argument of the intervener shall not exceed 30 pages, unless a judge decides otherwise. In any other case, the number of pages of the argument of the intervener shall be determined by the judge who authorizes the intervention.

41. Schedules. The schedules to the appellant’s brief shall include:

(a) Schedule I: the judgment under appeal, including the reasons given and, in the case of a decision regarding an extraordinary remedy or an appeal from a judgment of the Superior Court sitting in appeal, the decisions of the lower courts; if only a handwritten version of the judgment and the reasons thereof exist, a typed transcript must be provided.

(b) Schedule II:

(i) the notice of appeal and, if applicable, the application for leave to appeal and the judgment granting leave or referring the application to a panel;

(ii) the indictment, the minutes of the hearing on the merits in first instance as well as the pleadings before the trial court that are relevant to the appeal;

(iii) all applicable statutory and regulatory provisions, in French and English, if available, other than those in the Constitution Act, 1982 (being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11), the Criminal Code (R.S.C. 1985, c. C- 46), the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Canada Evidence Act (R.S.C. 1985, c. C-5), the Interpretation Act (R.S.C. 1985, c. I-21), and the Youth Criminal Justice Act (S.C. 2002, c. 1). (see also Clerk's Practice Direction no 11)

(c) Schedule III: those exhibits and depositions or extracts thereof necessary for the Court to decide the issues in dispute.

42. Final endorsements. On the last page of the brief, the author shall:

(a) attest that the brief is in accordance with these Rules and that its technological version fully complies with the applicable requirements;

(b) undertake to make available to any other party, at no cost, the depositions obtained in paper or technological format;

(c) indicate the time requested for oral argument or, if applicable, the time allotted by a judge or the Court, including, in the case of the appellant, the reply; and

(d) sign the brief.

43. Format. The brief shall be formatted in compliance with the following rules:

(a) Colour. The cover page shall be yellow for the appellant, green for the respondent and grey for any other party;

(b) Cover page. The following shall be indicated on the cover page:

(i) the file number in appeal;

(ii) the trial court or, where applicable, the Superior Court sitting in appeal, the judicial district, the name of the judge, the date of the judgment and the file number;

(iii) the designation of the parties (see section 21 of these Rules);

(iv) the brief heading with a reference to the status of the party in appeal; and

(v) the name and contact information of the brief’s author (who signs the attestation) as well as those of counsel for the other parties. If there is insufficient space, the names and contact information of other counsel shall be indicated on the following page;

(c) Table of contents. The first volume of the brief shall begin with a general table of contents and each subsequent volume shall begin with a table of its contents.

(d) Pagination. Brief page numbers shall be consecutive and centered at the top of the page;

(e) Spacing, typeface and margins. The text of the argument shall have at least one and one-half spaces between the lines, except for quotations, which shall be singlespaced and indented, and the footnotes, which shall be singlespaced. The typeface shall be 12point Arial font for the entire text. Exceptionally, 11-point Arial font may be used for quotations and 10-point Arial font may be used for footnotes. The margins shall be no less than 2.5 cm;

(f) Numbering of paragraphs. The paragraphs of the argument shall be numbered;

(g) Printing.The argument and Schedule I shall be printed on the lefthand side of the volume and the other schedules shall be printed on both sides, the whole on paper in letter format (21.5 cm x 28 cm);

(h) Number of pages. Each volume shall be composed of a maximum of 225 sheets;

(i) Volumes. Each volume shall be numbered on the cover page and its bottom edge. The sequence of pages it contains shall also be printed thereon;

(j) Exhibits. All exhibits reproduced in the brief shall meet the following requirements:

(i) all exhibits shall be reproduced legibly. A handwritten document that is not must be accompanied by a typed transcript, unless the clerk gives a total or partial exemption following a written request notified to the other parties;

(ii) evidence reproduced on technological media (sound or video recording, for example), must be legible and intelligible; for that purpose, the clerk shall publish a notice indicating the types of files that are legible by the means available to the Court. For other types of files, the clerk’s authorization must be obtained in order to produce such files in the brief. A typed transcript of the audio or video recordings must be attached thereto, unless the clerk gives a total or partial exemption following a written request notified to the other parties;

(iii) copies of photographs must be clear; and;

(iv) the exhibits shall be reproduced consecutively as they are numbered. Each exhibit shall be reproduced beginning on a new page that includes the exhibit number, date and nature of the exhibit.

(k) Depositions. Each deposition shall begin on a new page and mention in the title the surname of the witness in upper case letters, followed by the witness’ given name in lower case letters as well as the following information in abbreviated form in parentheses:

(i) the status of the party who called the witness;

(ii) the stage of the trial (case in chief, defence, rebuttal);

(iii) the stage of the examination (examination-in-chief, crossexamination, re-examination);

The title of each following page shall restate the witness’s name and the information in abbreviated form.

(l) “Four-in-one” format. Upon the clerk’s authorization obtained prior to the filing of the brief following a written request based on serious access to justice concerns and notified to the other parties, depositions may be reproduced on paper with four pages printed on one page, using 10-point Arial font or its equivalent. The four pages shall contain a maximum of 25 lines, numbered on the left-hand side of the page, and be in vertical sequence. The entire page itself shall have only one title (corresponding to the commencement of the text).

44. Copies and notification. The appellant shall file its brief with the Office of the Court within 60 days of the notice provided in section 32. It shall file the brief on paper and, in accordance with section 13 of these Rules, shall send to the Office of the Court a technological version of the paper version. Within that same time limit, the appellant shall notify the other parties by sending them a paper copy. Proof of notification shall be filed with the Office of the Court no later than three working days following the filing. If the appellant fails to file its brief and proof of notification within the time limit stipulated, the Court may, of its own initiative or by application, declare the appeal abandoned pursuant to the procedure set forth in section 80 of these Rules.

Within 60 days from the filing of the appellant’s brief, the respondent shall file five copies of its brief on paper and, in accordance with section 13 of these Rules, shall send to the Office of the Court a technological version of the paper version. Within that same time limit, the appellant shall notify the other parties by sending them a paper copy. Proof of notification shall be filed with the Office of the Court no later than three working days following the filing.

Within 90 days from the filing of the appellant’s brief, the impleaded party and intervener shall do likewise.

The technological version of the brief must be notified to the other parties at the same time that it is sent to the Court or earlier.

If the respondent fails to file its brief and proof of notification within the prescribed time limit, the appellant may request, in writing, that the appeal be placed on the roll. The clerk may also, of his or her own initiative, declare that the file is ready to proceed and place the file on the roll. The clerk shall so advise the parties, in writing.

With the consent of the parties or their counsel, notification may be made by technological means only, without a paper copy being provided or with a paper copy to be provided within such time limit as the parties or their counsel determine together. In such a case, the written consent of the recipient to either means of proceeding shall be attached to the proof of notification of the brief by technological means within the time limit provided in this section.

45. Non-compliance.If a brief does not comply with the requirements of these Rules, the clerk shall advise its author of the corrections required and establish a time limit within which a corrected brief may be filed. The clerk shall so advise the other parties.

Failing correction within the prescribed time limit, the brief shall be refused. The clerk’s decision may be reviewed by a judge upon an application filed within 10 days of the refusal.

X – MEMORANDA (s. 46)

X – MEMORANDA

46. Content and format. Subject to the second paragraph, sections 37 to 39 as well as sections 41 to 45 of these Rules apply to memoranda.

Parts I to IV of the argument shall not exceed ten pages, unless the Court or a judge decides otherwise.

XI – BOOK OF AUTHORITIES (s. 47 to 49)

XI – BOOK OF AUTHORITIES

47. Book of authorities. Each party may file a book of authorities containing the case law or legal literature it considers relevant. It may also include in this book statutory or regulatory provisions not already included in Schedule II of its brief or memorandum.

Relevant extracts of those sources shall be identified by underlining, highlighting or by vertical lines in the margin.

The text of judgments of the Supreme Court of Canada shall be that which is published in its reports or, failing that, that which is available prior to such publication.

Case law or legal literature may be limited to relevant extracts, along with the preceding and succeeding page, together with the headnote, if available.

The cover page of each volume of the book of authorities shall indicate : the appeal file number, the designation of the parties, the title and the status of the filing party.

When filed on paper, the book of authorities shall be printed on both sides of each page, in letter format (21.5 cm x 28 cm), and all authorities shall be separated by numbered tabs.

48. Judgments deemed to be included in a book of authorities. The Court shall publish a list of judgments that the parties need not reproduce in their book of authorities. The list may be consulted at the Office of the Court and on its website.

49. Filing. The book of authorities shall be filed with the Court on technological media, unless the clerk requires or authorizes one or more paper copies.

In the case of an appeal on the merits, the book of authorities shall be notified and filed by the appellant 40 days prior to the hearing of the appeal and by the respondent, the impleaded party or the intervener 30 days prior to the hearing.

In the case of an application presented to the Court, the book of authorities must be notified and filed at least five working days prior to the hearing of the application.

In the case of an application presented to a judge, the book of authorities must be notified and filed no later than two working days prior to the hearing of the application or as soon as possible in the case of an application for interim release from custody.

In the case of an application presented to the clerk, it must be notified and filed as soon as possible prior to the hearing of the application.

The filing formalities applicable to the book of authorities may be supplemented by the clerk’s practice directions or by an order made by the Court or a judge.

XII – APPLICATIONS (s. 50 to 62)

XII – APPLICATIONS

50. Presentation and content. Applications shall not exceed 10 pages, excluding the designation of the parties and the conclusions sought. Applications presented to the Court shall be filed in four paper copies, applications presented to a judge or to the clerk shall be filed in two paper copies and, in accordance with section 13 of these Rules, the party shall send to the Office of the Court a technological version of the paper version.

A party may apply to be excused from filing paper copies of the documents that accompany the application, or certain of those documents, if all the parties to the application consent to their being filed as a technological version. The request shall be made in writing and addressed to the Office of the Court, with a copy to the other parties, and decided upon by a judge in the case of an application presented to the Court or to a judge, or by the clerk in the case of an application presented to the clerk.

51. Affidavit. Any application alleging facts that do not appear in the record shall be supported by the affidavit of a person who has personal knowledge of those facts.

52. Calendar of presentation dates. The clerk posts on the Court’s website the calendar of hearing dates for applications before the Court, a judge or the clerk.

53. Date of presentation and time limits. An application shall be accompanied by a notice stating the date and time it is to be presented and the courtroom in which it will be presented.

The application shall be notified to or served upon the other parties, according to the provisions of these Rules, and shall be filed with the Office of the Court:

(a) at least 10 working days prior to the date of presentation when addressed to the Court,

(b) at least five working days prior to the date of presentation when addressed to a judge, except for applications for release from custody and to amend the terms of release, for which the time limit for presentation is two working days;

Proof of notification or service must be attached to the application filed with the Office of the Court.

In order for the application to be heard on the date indicated in the notice of presentation, all documents listed in section 54 of these Rules must be attached thereto, within the time limits set out in the second paragraph. Failing that, the application shall be postponed to a date determined by the clerk, who shall inform the parties. If the date thus determined is not suitable, the applicant shall notify a new notice of presentation, failing which the application shall be heard on that date.

For an application before the Court, the applicant shall reserve a presentation date with the clerk and file the application within five working days of the date on which this reservation was made. Failure to submit the application within this time limit will result in the reservation being cancelled without further notice. However, a new reservation can be made.

Application to dismiss. Where an application to dismiss an appeal is presented by the prosecution, it shall be served on the appellant personally, unless a judge orders otherwise, and to the appellant’s counsel, if applicable.

Assignment of counsel (s. 684 Cr.C.). An application presented to the Court seeking assignment of counsel shall be served on the Attorney General.

54. Attached documents. Each copy of an application must be accompanied by a copy of all the documents necessary for its consideration, separated by numbered tabs, except for applications heard jointly, provided that the attachments to one may be used for the adjudication of the others. If only a handwritten version of the judgment exists, a typed transcript must be provided.

The documents thus attached to the application must be preceded by a table of contents referring to the numbers of the tabs and pages. The application and its schedules must be presented as a unit. Their paper version must be stapled or bound with a spiral binding or other type of binding.

The Court, a judge or the clerk may require the filing of a document not attached to the application. The clerk shall thereupon notify the applicant and give the latter a time limit to file the requested document. If such document is not filed within the stipulated time limit, the clerk shall postpone the application to a later date and so advise the parties. If the date thus determined is not suitable, the applicant shall notify a new notice of presentation, failing which the application shall be heard on that date.

Subject to section 61 of these Rules, a party who wishes to file complementary documents in support of its oral contestation of the application shall do so within the time limits provided for in section 49, as the case may be. It shall likewise notify a copy thereof to the other parties.

55.Time of presentation. An application presented to the Court or a judge shall be presentable at 9:30 a.m., and that to the clerk at 9:00 a.m. The parties may, however, be convened at another time.

56. Irregular application. Before the hearing, the Court or a judge, as the case may be, may strike an application from the roll if it is irregular on its face. The clerk shall thereupon so notify the parties.

57. Party excused from attendance. Except in the case of interim release from custody, a party who declares in writing that an application will not be contested may request to be excused from attending the hearing of the application.

58. Absence. If a party fails to attend on the day and at the time set for the hearing of the application, the Court, the judge or the clerk may choose to hear only the parties in attendance and adjudicate the matter, if circumstances so warrant, without hearing the duly notified absent party or, alternatively, to adjourn the hearing subject to specified conditions.

59. Request for adjournment. A party seeking an adjournment shall, as soon as possible, request it by writing to the clerk. The Court, the judge or the clerk, as applicable, shall grant or dismiss the request or postpone the decision until the beginning of the hearing. In the request, the party shall indicate the reason the adjournment is sought and whether or not the other parties consent thereto. It shall also suggest a new hearing date when all parties are available, should the request for adjournment be granted.

60. Application for leave to adduce fresh evidence (s. 683(1) Cr.C.). A party seeking leave to adduce fresh evidence shall first present an application and explain in what manner the party has exercised due diligence in obtaining the evidence, in what respect it is relevant, credible and, if believed, could be expected to affect the result.

Notice and terms. A party presenting such an application shall inform the other parties as soon as possible, and shall attempt to reach an agreement with them regarding the timetable and terms that will govern the exchange of relevant documents and crossexaminations, if applicable. The proposed timetable and terms shall be submitted to the Court or to the managing judge, as applicable.

Two-stage determination. Once seized of the application, the Court shall first authorize or refuse the filing of fresh evidence and determine, if applicable, the terms and timetable according to which the evidence will be gathered and, if applicable, crossexaminations undertaken. The Court shall determine the admissibility of this evidence once seized of the appeal on the merits.

61. Submissions. Applications shall be contested orally, unless, prior to the hearing, the Court, the judge or the clerk, as the case may be, grants permission to proceed otherwise.

In the case of an application presented to a judge, the other parties must notify the clerk of their intention to contest the application or not. In the case of an application for release from custody, the respondent shall indicate the terms that it considers appropriate.

At the hearing of an application only one counsel shall be permitted to make representations on behalf of each party, unless the Court, the judge or the clerk, as the case may be, grants permission to proceed otherwise.

62. Recording. The recording of proceedings at the hearing of an application is provided only on technological media, solely in audio format, upon payment of the applicable fee; in the case of a judgment rendered at the hearing, such recording is subject to the authorization of the Court, the judge or the clerk, as the case may be, and shall be provided only on technological media, solely in audio format.

The application form is available at the office of the Court and on the Court’s website.

XIII – APPEAL FROM SENTENCE (s. 63 to 65)

XIII – APPEAL FROM SENTENCE

63. Forum. Where there is no application for release from custody, the applicant may choose to present an application for leave to appeal from a sentence either to a judge or to the Court. Where there is an application for release from custody, the application for leave is presented to a judge who retains discretion to refer the latter application to the Court without deciding on the matter.

Where the applicant presents the application for leave to appeal to the Court, it must indicate to the clerk in its notice of presentation that it wishes the latter to proceed with a case management by determining, inter alia, a timetable for the filing of memoranda and the hearing date, as applicable. Unless the Court decides otherwise, the hearing shall bear on both the application for leave and, in the event the application is granted, on the merits of the appeal.

64. Fast-track. If a judge grants the application for leave to appeal or refers it to the Court, the proceedings shall continue, on the basis of the fast-track procedure.

Timetable. The judge shall establish a timetable for the filing of memoranda, in five copies, following notification to the other parties. The parties must, in accordance with section 13 of these Rules, send to the Office of the Court a technological version of their memoranda; the latter must also be notified to the other parties. The Court may, where it deems appropriate, hear the application for leave and the appeal at the same time and adjudicate the matter. It may also choose to decide the application only and, if leave is granted, adjourn the hearing of the appeal.

Default. If the memoranda are not filed before the expiration of the time limit established by the judge or the clerk, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. The clerk shall so inform the judges who are to hear the application for leave or the appeal.

65. Memorandum. In accordance with section 46 of these Rules, the appellant’s memorandum shall include its argument, unless a judge orders otherwise, as well as schedules, which contain, inter alia, the following documents:

(a) the application for leave to appeal and the judgment granting the application or referring it to the Court, as the case may be;

(b) the indictment;

(d) the depositions from the sentencing hearing and the exhibits, if any;

(e) any other relevant remarks of the trial judge and the parties made in the course of submissions as to the sentence;

(f) the questionnaire, available in the Office of the Court or on the Court’s website, duly completed.

Respondent’s questionnaire. In its memorandum, the respondent may also file the duly completed questionnaire, which shall be a schedule thereto.

Technological version. The judge or the Court may authorize the filing of certain documents required to constitute the file as a technological version rather than on paper. The parties shall file a paper version of the argument, the documents reproduced in Schedules I and II of their memorandum, as well as those parts of the documents to which they refer specifically in their arguments. The complete texts of the documents shall then be filed as a technological version.

XIV - INEFFECTIVE ASSISTANCE OF COUNSEL (s. 66)

XIV - INEFFECTIVE ASSISTANCE OF COUNSEL

66. Allegation of ineffective assistance of counsel. An appellant or an applicant who alleges the ineffective assistance of counsel who acted on its behalf at trial or on appeal in the Superior Court shall inform that counsel by notification of a copy of the written pleadings containing the allegation. The parties must complete the required form, available at the office of the Court and on the Court’s website, within the time limit indicated on the document.

Response from counsel. If counsel in question wishes to respond, that counsel shall inform the clerk in writing, with a copy to the parties, and shall describe the means counsel considers appropriate to respond to the allegations.

Case management. At a management conference, a judge may endeavour to secure the parties’ agreement on the means by which evidence will be adduced or, if necessary, impose such means and a timetable.

Fresh evidence (s. 683(1) Cr.C.). The parties shall present the appropriate applications in order to be authorized to file fresh evidence.

XV – FACILITATION CONFERENCE IN CRIMINAL MATTERS (s. 67)

XV – FACILITATION CONFERENCE IN CRIMINAL MATTERS

67. Request form. Parties represented by counsel who wish to hold a facilitation conference in criminal matters must complete the form available at the Office of the Court and on the Court’s website. The judge who presides at the conference may require the parties to furnish any necessary documents. Filing the completed form suspends the time limits applicable to the appeal proceedings.

Participation. Only counsel shall participate in the conference unless the judge, with the consent of the parties, has authorized another person to participate. The judge shall facilitate the discussion and encourage dialogue, neither of which shall be recorded.

Confidentiality. Counsel shall undertake in writing to keep the content of the discussions confidential. If the conference results in a solution, the judge presiding at the facilitation conference may be a member of the panel of the Court that renders judgment. Where no solution is reached, the judge presiding at the conference shall not participate in a hearing of the appeal.

XVI – ROLLS (s. 68 to 73)

XVI – ROLLS

68. Declaration of readiness. When a hearing date has not been previously set by the Court, a judge or the clerk, and the appeal file is ready to be heard, the clerk shall issue a declaration of readiness and send it to counsel and parties not represented by counsel.

69. Rolls. The clerk shall prepare hearing rolls following, to the extent possible, the chronological order of such declarations of readiness, subject to preferences set by law or by order. On the roll, the clerk shall indicate the time allocated to each party for oral argument, including the reply.

70. Preferences enacted by law. The clerk shall publish the preferences prescribed by law on the Court’s website.

71. Preferences granted by order. The Chief Justice or the judge the Chief Justice designates for this purpose may order, of his or her own initiative or upon an application, that a case be heard by preference. The application to that effect shall be presented at the date and time agreed to with the clerk. It shall be notified to the other parties and filed at the Office of the Court at least five working days before its presentation.

72. Notice of hearing. The clerk shall inform counsel and unrepresented parties of the date set for a hearing by sending them a copy of the roll at least 60 days in advance, subject to any change required thereto. The roll shall also be available at the office of the Court and on the Court’s website.

73. Request for adjournment. A party seeking an adjournment shall, as soon as possible, request it by writing to the clerk. The judge presiding the panel shall grant or dismiss the request or postpone the decision until the beginning of the hearing. In the request, the party shall indicate the reason the adjournment is sought and whether the other parties consent thereto.

XVII – HEARINGS OF THE COURT (s. 74 to 80)

XVII – HEARINGS OF THE COURT

74. Order of hearing. Hearings of the Court begin at 9:30 a.m. The clerk may convene the parties at a different time for the hearing of their appeal. Cases are heard in the sequence in which they appear on the roll. A case may proceed in a party’s absence.

75. Oral argument.A party’s oral argument (but not the reply) may be divided between two counsel.

76. Outline of oral argument and condensed book. A party may produce an outline of its oral argument not exceeding two pages and may attach to it a condensed book reproducing only the extracts, with numbered tabs, from its brief or memorandum and from the authorities to which it intends to refer during oral argument.

The party may produce the outline and the condensed book prior to or at the beginning of the hearing. It must provide four copies to the Court and one to the other party. However, if the party participates in the hearing by technological means, the required copies of said documents must be delivered to the Court and notified to the other party no later than the last working day prior to the hearing.

77. Recording. The recording of oral arguments is provided only on technological media, solely in audio format, upon payment of the applicable fee; in the case of a judgment rendered at the hearing, such recording is subject to the authorization of the Court and is provided only on technological media, solely in audio format.

The application form is available at the Office of the Court and on the Court’s website.

78. Waiver of hearing. By consent, the parties may request that an appeal be decided on the face of the record. The Court may require that the accused personally consent to the waiver.

The clerk shall inform the parties of the date on which the appeal is taken under advisement and the names of the judges of the panel.

The latter may, at any time while the appeal is under advisement, if they consider that a hearing is necessary, refer the matter back to the clerk so that it be set down for hearing.

79. Deposit of judgment. When a judgment is deposited, the clerk shall send a copy thereof to the parties or their counsel as well as to the trial judge and, where applicable, to the judge of the Superior Court who sat on appeal or in judicial review.

80. Abandoned appeals. If the clerk finds that the case is not progressing in accordance with these Rules, he or she may place the case on a special roll, in which case he or she shall give to the parties and their counsel at least 30-day prior written notice. If a party is not represented by counsel, the notice shall be sent by registered mail.

If the clerk's instructions or these Rules have not been complied with or 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 shall make the order it deems appropriate.

XVIII – APPLICATION OF THE RULES (s. 81 to 87)

XVIII – APPLICATION OF THE RULES

81. Application of the Rules. These Rules shall apply, with such modifications as the circumstances require, to all proceedings brought before the Court that are contemplated in ss. 482 and 839 Cr.C.

82. Time limit. Any time limit set by these Rules may be extended or shortened by the Court, by a judge or by the clerk, either before or after the expiry thereof. The clerk’s decision may be reviewed by a judge upon an application filed within 10 days of the decision date.

83. Exemption. The clerk may excuse a party from compliance with a provision of these Rules if the circumstances so justify. In such a case, the clerk shall make a note in the file or on the document subject to the exemption.

84. Closure of an inactive file. If a file has been inactive for more than one year, the clerk may, after giving the parties an opportunity to be heard, declare the file closed.

Upon an application, a judge may determine the conditions for its reactivation.

85. Clerk's practice direction. The clerk may publish practice directions to explain or clarify these Rules or their practice before the Court.

86. Notice of amendment.The Chief Justice may notify counsel of a proposed amendment to a rule and invite them to apply it immediately as if it were in force.

87. Application of the Code of Civil Procedure. Except where incompatible with the Criminal Code (R.S.C. 1985, c. C-46) or these Rules, the provisions of the Code of Civil Procedure (CQLR, c. C-25.01) and the Regulation of the Court of Appeal of Quebec in Civil Matters (CQLR, c. 25.01, r. 0.2.01) shall apply to appeals in criminal matters.

XIX – TRANSITIONAL PROVISION (s. 88)

XIX – TRANSITIONAL PROVISION

88. Transitional. Transitional provision. The Rules applicable before the coming into force of these Rules shall continue to apply, except for those that concern applications, books of authorities, as well as those of Chapter 3 (technological means) to all proceedings for which the notice of appeal, the application for leave to appeal or the application to extend the time limit to appeal was filed before the date of the coming into force of these Rules. The parties may nevertheless agree to have their appeal be governed by these Rules.

XX – COMING INTO FORCE (s. 89)

XX – COMING INTO FORCE

89. Coming into force. These Rules replace the Rules of the Court of Appeal of Quebec in Criminal Matters (SI/2018-96) and shall come into force on March 11, 2024.

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TABLEAU DE CONCORDANCE - Nouvelles Règles de la Cour d'appel du Québec en matière criminelle (2024) et Règles de la Cour d’appel du Québec en matière criminelle (TR/2018-96)