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The Court of Appeal of Quebec offers facilitation in criminal and penal matters to parties who are represented by counsel in a criminal or penal case.
Facilitation conferences in criminal and penal matters allow parties to a penal or criminal appeal to jointly and voluntarily seek the intervention of a judge to help them find a judicial solution that is mutually acceptable to them and that is approved by the Court in order to put an end to the appeal.
A facilitation conference may be requested at any stage of the appeal. Authorization by a judge of the Court is required.
A facilitation conference in criminal matters may consider any issue related to the appeal, including sentencing.
If the conference results in a judicial solution to the dispute, the proposed agreement is submitted to a panel of three judges of the Court. If the panel accepts the proposal, it renders a judgment indicating that a facilitation session in criminal matters was held (all other elements of the file remain confidential) and specifying the outcome accepted by the parties, as well as the reasons why the Court is adopting the outcome.
Confidentiality is essential to facilitation conferences in criminal matters, and the parties must agree that all discussions held within the scope of the conference will remain completely confidential. Confidentiality continues after the process is complete. If the process is unsuccessful, the appeal will proceed as usual and the judge who presided over the facilitation conference will not form part of the panel hearing the appeal.
The request is made by filing the form entitled "Joint application for facilitation in a criminal matter" with the Office of the Court. The form must be duly completed and signed by counsel for both parties and be accompanied by the required documents listed in the practice direction annexed to the form.
|NEW FORM: Joint application for facilitation in a criminal matter||(form updated on June 16, 2022)|