Criminal and Penal Practice Division
All proceedings in criminal and penal cases must be referred to the judge responsible for the division.
APPEALS IN CRIMINAL CASES
The following procedure applies to appeals in criminal cases.
A pro forma roll of criminal appeal cases is called, generally at 2 p.m. Once the notice of appeal has been filed in the record, the attorneys for the case or, if applicable, the parties representing themselves, receive a notice asking them to attend for case management purposes.
Members of the Bar practising outside the Gatineau region may attend the pro forma calling of the roll via a telephone conference call linking them to the courtroom.
When the roll is called, the judge:
- requests information on the nature and scope of the legal and factual questions that will be debated during the hearing;
- discusses with the attorneys or parties the need for a full or partial transcript of the hearing in first instance;
- establishes a timetable for discussions between the parties and the placing in the court record of a brief containing:
a) a summary of the facts agreed on by the parties; if the parties are unable to agree, the judge may order each party to file its own brief;
a summary of the respective claims of each parties, including relevant references to the transcript of the transcript of the hearing in first instance, if required;
the applicable legal texts and regulations, if any, and the case law and doctrine that the parties intend to invoke in support of their respective claims; the relevant paragraphs must be underlined;
- verifies the state of the file.
In all cases, the judge may specify any other measure needed to ensure that the file is ready.
At the calling of the pro forma roll, the attorneys are informed of the date set to hear the case. It is important for the attorneys in charge of the file to be present at the calling of the roll with their schedules.