APPLICABLE TO THE CRIMINAL AND PENAL DIVISION
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be withdrawn from the office of the court only at the request or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.
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
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
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.
AUDIO OR STENOGRAPHIC RECORDING
The clerk shall
make an audio recording of the arguments.
by the court, the clerk shall also ensure the operation of the remote
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.
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.
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
(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
(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.
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.
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.
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.
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.
(1) the nature
of the charge for which the petitioner is requesting an order
of annulment of the opening date of the hearing;
the details of all the motions for adjournment already made by
the accused or the prosecutor;
the estimated duration of the hearing;
the detailed grounds for the motion for adjournment and, if this
motion is justified by the absence of a witness, the name of the
AND WITHDRAWAL OF AN ATTORNEY
of record may be represented by one of his associates or by another
attorney appointed for this purpose.
attorney who knows that his client will not be present in a courtroom
when his name is called shall nonetheless appear before the court.
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.
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.
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.
shall be held ex parte and in camera. The testimony heard and the
judgment rendered shall be transcribed only upon authorization of
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
(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
voir-dire under the Canadian Charter of Rights and Freedoms;
contestations of the searches;
contestations as to evidence based on interception of private
contestations as to audio or video evidence other than in
matters of electronic surveillance;
application to reveal the identity of a coded informant;
application to exempt evidence under the Canadian Charter
of Rights and Freedoms;
admissibility of hearsay evidence;
admissibility of prior testimony in order to prove the content
of similar facts;
testimony of a child;
use of prior testimony or evidence taken by commission;
of prior sexual behaviour;
(6) admissions, including any question on:
of possession of exhibits;
identity of the accused;
(7) expert opinions by:
(8) the probable duration of the preliminary inquiry or the trial.
of this Chapter shall apply, with the necessary modifications, to
matters provided for in the Code of Penal Procedure.
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