Lien vers tribunal des professions


Montréal
Criminal and Penal Practice Division

HOLIDAY SEASON 2017

End of activities:

December 21, 2017

Judicial activities resume on: January 3, 2018

Appeals in statutory and criminal matters

The Criminal and Penal Practice Division sits on fixed dates, determined each year by the coordinating judge for the Criminal Division.

Once an appeal has been filed and found to be in conformity with the Rules of Practice of the Court in Criminal and Penal Matters, the clerk places the case on the roll of the practice chamber ( courtroom 4.11) for the first Friday following the filling of the notice of appeal.

Once the file is complete (in other words, once the stenographic notes have been completed and a time has been set for submitting the notes and the list of case law and doctrine), the judge fixes 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 submitting filing notes, you must submit an application for that purpose to the judge.

As soon as the notes have 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 must, within thirty days, file a written submission setting out the arguments on which the appellant’s case will rely, together with any supporting case law or jurisprudence. The respondent party then has thirty days to do the same.

Once the time limits have expired, the case is placed on the roll for a hearing.

PRO FORMA ROLL
Day and frequency:  
Fridays
Time:
9:30 a.m.
Courtroom:  
4.11

 

ROLL OF CONTESTED CASES
Day and frequency:  
Tuesdays and Thursday
Time:
9:30 a.m.
Courtroom :  
4.11

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.



Montreal Division.
Notices to members of the bar. Aide-mémoire. Forms. Settlement conference.
Quebec Judicial Districts. Montreal Judicial Districts.
Back to Home Page.