CHAPTER
I
PROVISIONS
APPLICABLE TO ALL DIVISIONS OF THE COURT
DIVISION I
OFFICE
OF THE COURT, REGISTERS AND FILES
The registers,
indexes and files required for the purposes of the Code of Civil
Procedure, the Criminal Code (R.S.C., 1985, c. C-46) and the Code
of Penal Procedure (R.S.Q., c. C-25.1), and those imposed by special
Acts, shall be held in the office of the court in accordance with
the directives of the chief judge.
The registers,
indexes and files required for the purposes of the Youth Protection
Act (R.S.Q., c. P-34.1) and the provisions on adoption contained
in the Civil Code shall be held in the office of the court in
accordance with the directives of the chief judge and in the manner
set out in Schedule I.
The office
of the court is open on juridical days from Monday to Friday,
8:30 a.m. to 4:30 p.m., and any other day on which a criminal
court sits.
Any person may have access to the records, registers and files
of the court during the business hours of the office of the court.
The rules
governing the consultation of records and their withdrawal from
the office of the court are set out in provisions that are specific
to each division of the court and stipulated in this Regulation.
DIVISION II
ORDER,
DRESS CODE AND DECORUM DURING COURT HEARINGS
Court hearings
begin at 9:30 a.m. and at 2:00 p.m., unless otherwise indicated
by the judge presiding over the hearing.
6. In the Civil Division, for cases contested on the merits
and in the Small Claims Division, in the Criminal and Penal Division
for all proof and hearings, and at all times in the Youth Division,
the judge shall wear a robe.
For these
cases, no attorney shall be authorized to address the court unless
wearing either a black robe, long-sleeved black vest and dark
trousers with a white shirt, collar and bands, or a black robe,
closed in front, with a raised neck opening, long sleeves and
white bands.
In lieu of
the foregoing, female attorneys may wear a black robe and white
bands with a black long-sleeved dress, or a dark skirt or trousers
and a white long-sleeved blouse.
7.
In the Civil Division, for cases contested on the merits, in the
Criminal and Penal Division for all proof and hearings, and at
all times in the Youth Division, no articled student shall be
authorized to address the court unless wearing either a black
robe, with a dark suit, white shirt and dark tie, or a black robe
closed in front with a raised neck opening and long sleeves.
In lieu of
the foregoing, a female articled student may wear a black robe
with a dark skirt or trousers and a white long-sleeved blouse
or dark clothing.
In matters where the robe is not required to be worn, attorneys
and articled students shall wear dark trousers, vest, shirt and
tie, and female attorneys and articled students shall wear a dark
skirt or trousers with a blouse and vest or a dark dress.
During the hearings of the court, the clerks, court bailiffs and
other officers of the court shall at all times wear one of the
attires described in section 7.
The persons present at the hearing shall rise when the judge enters
the room and remain standing until the judge is seated.
At the time the hearing opens, the court bailiff or clerk shall
say aloud: “Silence. Please rise. The Court of Québec,
presided over by the Honourable … is now in session.”
Once the judge is seated, the court bailiff or clerk shall ask
those present to be seated.
When the judge leaves his seat, the court bailiff or clerk shall
ask those present to rise, and no one shall leave their seat until
the judge has left the room.
Anything that interferes with the decorum and good order of the
court is prohibited.
The following, among other things, is prohibited: reading of newspapers,
practice of photography or cinematography, making of audio or
video recordings, radio broadcasting, television broadcasting,
and the use of pagers and cellular telephones in a resonant mode.
Except in the Youth Division, audio recordings made by the media
of the arguments and decision are authorized unless the judge
decides otherwise; however, the broadcasting of such recordings
is prohibited.
Any person appearing before the court must be suitably dressed.
Any person who addresses the court or a witness must, unless the
judge permits otherwise, rise and remain standing.
During the hearing, no person shall enter into discussion with
anyone else, address the clerk or consult a record, unless the
judge permits otherwise.
In the Criminal and Penal Division, the accused must remain in
the prisoners’ dock throughout the proof or trial unless
the judge permits otherwise. The accused shall rise and remain
standing during the reading of the accusation and the pronouncement
of the judgment or the sentence.
DIVISION III
SECURITY
IN THE COURTROOMS
During the
hearing, the security of the persons present and the responsibility
for the persons for whom detention has been ordered are ensured
by a security officer or a constable, according to the terms and
conditions agreed upon with the Ministère de la Sécurité
publique.
