CHAPTER III
PROVISIONS APPLICABLE TO THE CRIMINAL AND PENAL DIVISION


DIVISION I
CONSULTATION AND WITHDRAWAL OF A RECORD OR EXHIBIT

A record or exhibit may be consulted only in the presence of the clerk or a person designated by him.

A record may be withdrawn from the office of the court only at the request or with the authorization of a judge.

 

DIVISION II
ROLLS AND HEARINGS

The roll for hearing shall mention the name of the judge presiding over the hearing, the record number, the number of times the record has appeared on the roll since the beginning of the proceedings, the names of the parties and their attorneys, the nature of the offence, the nature of the proceeding, the number of the statement of offence where applicable, the date, the duration where applicable and the place of hearing.

The day before the hearing, the clerk shall make copies of the roll for hearing available to the parties and submit at least two copies to the judge who will be presiding over the hearing.

The clerk may not add a record to the roll for hearing without the authorization of the coordinating judge, the associate coordinating judge or a judge.

At the hearing, the party who requires that a record be transferred to another judge must show, to the satisfaction of the court, that the other judge agrees to be seized thereof.

The clerk shall post, in the place designated for this purpose in the courthouse, the roll for each courtroom.

Where the judge requires the transcription of the evidence, it shall be made available to him within 30 days unless the judge has ordered otherwise.

 

DIVISION III
AUDIO OR STENOGRAPHIC RECORDING

The clerk shall make an audio recording of the arguments.

When required by the court, the clerk shall also ensure the operation of the remote testimony system.

When the services of a stenographer are required, he shall proceed to the courtroom at the time the hearing opens and remain there until such time as he is released by the judge.

The stenographer shall record the arguments during the hearing. He shall also record the addresses, unless he is exempted from doing so by the judge or the parties’ attorneys.

Any person may obtain from the clerk, upon payment of a fee, a copy of the audio recording of the arguments.

 

DIVISION IV
MINUTES OF THE HEARING

The clerk shall draw up the minutes of the hearing in accordance with the form provided for this purpose.

The clerk shall also note:

(1) the grounds in support of any motion for adjournment;
(2) the name, age and address of each witness, as well as the name of the party calling them to testify;
(3) the admissions which are verbally dictated;
(4) the objections to the proof;
(5) the classification code and the description of all the exhibits filed;
(6) the addresses;
(7) the conclusions of any decision or order rendered at the hearing by the judge, and the sentence imposed by the judge.

 

DIVISION V
MOTIONS

All motions shall be presented in writing, unless the judge decides otherwise, and shall set out the facts in support thereof. Such motions must be made under oath.
All motions shall be served on the opposing party or his attorney where provided for, with a notice of presentation of at least three days, unless the judge decides otherwise.
A judge may refuse the inscription on a roll of any motion that has not been filed with the office of the court one clear juridical day before the date scheduled for its presentation.
Any service upon an attorney shall be made in his office or at his elected domicile in accordance with the provisions of article 64 of the Code of Civil Procedure.

 

DIVISION VI
ADJOURNMENT

Where a party foresees to be unable to proceed on the date set by the court, he shall immediately notify the opposing party and the coordinating judge, the associate coordinating judge or a judge designated by one of the former, and present a motion to this intent in accordance with the procedure set out in Division V.

Where the motion contemplated in section 85 is granted, the grounds for the decision shall be recorded in the minutes of the hearing.

 

DIVISION VII
ANNULMENT OF THE SUMMONING OF WITNESSES

Only the Attorney General or his representative, the prosecutor, the accused or his attorney may request the annulment of the summoning of witnesses in a case inscribed on the roll for hearing.

Such a request shall be made by motion, to be presented to the Practice Division at least three days before the date set for the hearing, and a copy of the motion shall be filed with the office of the coordinating judge or associate coordinating judge, as the case may be, within the same period.

Notwithstanding the second paragraph, for the judicial districts of Montréal and Québec, the motion must be presented at least eight days before the date set for the hearing.

This motion shall indicate:

(1) the nature of the charge for which the petitioner is requesting an order of annulment of the opening date of the hearing;
(2) the details of all the motions for adjournment already made by the accused or the prosecutor;
(3) the estimated duration of the hearing;
(4) the detailed grounds for the motion for adjournment and, if this motion is justified by the absence of a witness, the name of the latter.

 

DIVISION VIII
APPEARANCE AND WITHDRAWAL OF AN ATTORNEY

An attorney of record may be represented by one of his associates or by another attorney appointed for this purpose.

89. An attorney who knows that his client will not be present in a courtroom when his name is called shall nonetheless appear before the court.

An attorney who has appeared for an accused may not withdraw from the record unless he obtains permission from the judge upon presentation of a motion to this intent. He shall also serve the motion on the accused and the opposing party unless he is exempted from such service by the judge seized of the motion.

 

DIVISION IX
ORAL OR WRITTEN ADDRESSES

A party who refers to a judgment or a text of opinion shall provide a copy thereof to the judge and the parties, indicate the relevant pages and mark the passages quoted.

A party who relies on regulatory or legislative provisions other than those of the Constitution Act of 1982 (R.S.C., 1985, App-II, no. 44), the Criminal Code, the Canada Evidence Act (R.S.C., 1985, c. C-5), the Controlled Drugs and Substances Act (S.C., 1996, c. 19), the Charter of human rights and freedoms (R.S.Q., c. C-12), the Code of Penal Procedure or the Highway Safety Code (R.S.Q., c. C-24.2) shall provide a copy thereof to the judge and the parties.


DIVISION X
PRIVATE CRIMINAL PROSECUTION

A person who wishes to file a private complaint must proceed to the office of the court for the purpose of opening a record. The staff of the office of the court shall explain the procedure to be followed to the person and provide him with a list of documents required to support the information, as well as the form entitled “Private Criminal Prosecution Case Summary Form.”

Once the information has been sworn, the clerk shall transmit the latter to the coordinating judge or the associate coordinating judge, as the case may be, in accordance with section 507.1 of the Criminal Code.

The pre-inquiry shall be held ex parte and in camera. The testimony heard and the judgment rendered shall be transcribed only upon authorization of the judge.

 

DIVISION XI
PRE-HEARING CONFERENCE

A pre-hearing conference provided for in section 625.1 (1) of the Criminal Code shall be held at the date, time and place set by the judge.

The judge presiding over the pre-hearing conference may inquire about, among other things:

(1) compliance with obligations in matters of communication of the evidence;

(2) preliminary questions by the prosecutor;

(3) preliminary questions by the defence;

(4) whether the accused is fit to stand trial;

(5) the admissibility of the evidence, including any question on:

the out-of-court statement:

the common law voir-dire;
voir-dire under the Canadian Charter of Rights and Freedoms;
the contestations of the searches;
the contestations as to evidence based on interception of private communications;
the contestations as to audio or video evidence other than in matters of electronic surveillance;
the application to reveal the identity of a coded informant;
another application to exempt evidence under the Canadian Charter of Rights and Freedoms;
the admissibility of hearsay evidence;
the admissibility of prior testimony in order to prove the content thereof;
guilty mind;
evidence of similar facts;
the testimony of a child;
the use of prior testimony or evidence taken by commission;
solicitor-client privilege;
evidence of prior sexual behaviour;
any other question;

(6) admissions, including any question on:

the chain of possession of exhibits;
the identity of the accused;
any other admission;

(7) expert opinions by:

the prosecution;
the defence;

(8) the probable duration of the preliminary inquiry or the trial.

 

DIVISION XII
PENAL PROCEDURE

The provisions of this Chapter shall apply, with the necessary modifications, to matters provided for in the Code of Penal Procedure.

Notwithstanding section 82, the prior notice, written application and affidavit mentioned in article 32 of the Code of Penal Procedure must be filed at least one clear juridical day before the date scheduled for their presentation.


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