The Criminal and Penal Practice Division sits on the fixed dates set by the coordinating judge for the Criminal Division.
Once the notice of appeal has been filed, the clerk enters the file on a “provisional pro forma” roll for the first day of civil and family practice in the following month, for case management purposes.
Once the file is complete and ready to proceed, the coordinating judge sets a date for the hearing in the presence of the attorneys.
When filing a notice of appeal, you must take the necessary steps to have a transcript made of the evidence given in first instance. If, in exceptional circumstances, you wish to be exempted from filing stenographic notes, you must submit an application for that purpose to the coordinating judge.
As soon as the transcript has been filed, the attorneys must comply with sections 11 and 12 of the Rules of Practice of the Québec Superior Court in Penal Matters or section 34 of the Rules of Practice of the Superior Court of the Province of Québec. The appellant party has 30 days to file a memorandum supported by the relevant jurisprudence. The respondent party then has a further 30 days to file a memorandum and jurisprudence.
Once the time limits have expired, the case is placed on the roll for a hearing.
|PRO FORMA ROLL
| Day and frequency:
|| First Tuesday of each month *
Motions must be filed at the clerk’s office of the Superior Court, and a copy must be forwarded to the office of the coordinating judge so that a date can be fixed for a hearing.
For writs of certiorari, mandamus, prohibition and quo warranto, the applicant must take the necessary steps to have a transcript made of the evidence supporting the recourse sought.
For a writ of habeas corpus, the motion must be filed in the clerk’s office, and the coordinating judge must be informed of the proceeding. In all cases, a hearing date will be fixed without delay to hear the first stage.
Applications for the review, by a judge of the Superior Court, of an order of detention, order of release or application for release (s. 522 C.C.) must be submitted at the clerk’s office of the Superior Court, and must comply with the provisions of the rules of practice of the Court (ss. 20 and 21 ).
When an application for extradition is contested, the coordinating judge must be informed and the parties must indicate the estimated duration of the proceedings so that a date can be set for the hearing.