REMARKS IN CRIMINAL MATTERS:

1. Motions presentable in Montreal:

• Motions presentable before the Court (a bench of 3 judges) are determined on Monday of each week when the Court sits (in civil matter as well as in criminal and penal matters) in the Pierre-Basile Mignault Room at 9:30 a.m. Rule 41 stipulates that the petitioner must determine with the Clerk the date and the time of the presentation of the motion submitted to the Court, before it is served and filed. The wearing of a gown is obligatory.

• Motions presentable before a judge are determined daily in room RC-18 at 9:30 a.m. The wearing of a gown is not obligatory.

• In case of emergency, please contact the Legal coordinator, Mtre Stéphanie Legros at 514 393-2022, extension 51202.

 

Motions presentable in Quebec City:

• Motions presentable before the Court (a bench of 3 judges) are determined on Monday of each week when the Court sits (in civil matter as well as in criminal and penal matters) in room 4.33 at 9:30 a.m. (To proceed by videoconferencing, see 4 below). Rule 41 stipulates that the petitioner must determine with the Clerk the date and the time of the presentation of the motion submitted to the Court, before it is served and filed. The wearing of a gown is obligatory.

• Motions presentable before a judge are determined daily in Room 4.32 at 9:30 a.m. The wearing of a gown is not obligatory.

• In case of emergency, please contact the Legal coordinator, Mtre Claire Roberge, at 418 649-3401, extension 42296.

 

2. Sittings held in Montreal

• The Court begins to sit at 9:30 a.m.

• The wearing of a gown is obligatory.

• Books of authorities may be filed only when a hearing date has been set. It is desirable to produce them in 4 copies at least 30 days in advance.

 

- Sittings held in Quebec City:

• The Court begins to sit at 9:30 a.m.

• The wearing of a gown is obligatory.

• Books of authorities may be filed only when a hearing date has been set. It is desirable to produce them in 4 copies at least 30 days in advance.

 

3. Filings of the factums and schedules:

• For those appeals subject to the filing of a formal factum as well as for those that are fast-tracked, the Clerk will assure that, upon filing, the factums and schedules are in accordance with the rules of the Court. Thus, it is essential to respect, among other things, on pain of refusal by the Clerk, the number of pages, the format, the one and one-half spaces between the lines and the characters of at least 12-point on the computer and not exceeding 12 characters per 2.5 cm.

 

4. Procedures related to the videoconferencing:

The procedures related to a hearing by videoconference are set out in article 95 of the Rules.

 

For your information, this display is set out as follow:                      

Videoconference

95. Motions and appeals.

(1) Motions before the Court or a Judge and appeals whose date and time of oral pleadings have already been determined may be heard by way of videoconference.

(2) Request. To that end, the parties shall submit a written request to the Clerk of the Court in Quebec or Montreal. In urgent circumstances, this request may be made by telephone.

(3) Decision. After examining the record, the Judge who is to preside at the hearing shall inform the parties of the decision.

(4) Preparation. It is the responsibility of the parties and their counsel to make the necessary arrangements with the telephone service providers.

(5) Procedure. All parties to the case may plead from any video room available in the territory or any one party may plead in the courtroom where the receiving device is located and where the Judge or the Court is sitting.

(6) The accused must consent to the videoconference, personally and in writing.

(7) Dress. For hearings before the Court, a gown must be worn.

(8) Fees. The cost of renting the video facilities and long distance fees shall be borne by the party or parties who have requested the videoconference.