Vol. 134, No. 24 — November 22, 2000

Registration
SI/2000-106 22 November, 2000

CRIMINAL CODE

Rules Amending the Rules of Practice in Criminal Matters in the Court of Appeal of Quebec

At meetings held for the purpose in North Hatley, Quebec on October 27, 28 and 29, 1999, the majority of the judges of the Court of Appeal, pursuant to section 482 (see footnote a) of the Criminal Code, made the annexed Rules Amending the Rules of Practice in Criminal Matters in the Court of Appeal of Quebec, as attested by the signature of the Chief Justice, effective 10 days after publication of the present notice in the Canada Gazette.

RULES AMENDING THE RULES OF PRACTICE IN CRIMINAL MATTERS IN THE COURT OF APPEAL OF QUEBEC

AMENDMENTS

1. Rule 28 of the Rules of Practice in Criminal Matters in the Court of Appeal of Quebec (see footnote 1) is replaced by the following:

28. The contents of the factum shall be divided into five parts, identified by Roman numerals. Unless a judge on motion permits otherwise, the first four parts together must not exceed thirty pages.

2. In subrule 32(2) of the French version of the Rules, the word "page" is replaced by the word "date".

3. Rule 33 of the Rules is replaced by the following:

33. The factum and the schedules shall be bound so that the text is printed only on the pages on the left side. The text shall be presented with the lines at least one and one-half lines apart, except for quotations which shall be indented and single-spaced. The text shall be in 10-point type, neither smaller than elite type nor larger than pica type and, when computer prepared, in 12-point type.

They shall be presented on white paper of good quality, size 21,5 cm x 28 cm. Each page shall contain approximately fifty lines, numbered in the left margin every ten lines. Each volume must not include more than 225 pages.

4. Rule 35 of the Rules is replaced by the following:

35. Any factum not in conformity with the law or with these Rules shall be refused by the clerk as soon as possible after its submission. The clerk shall so notify the counsels and the parties that are not represented by counsel. A factum that is refused is deemed not to have been filed, unless the irregularity is rectified within a time period that is fixed by the clerk. The period shall be just in the circumstances, but not exceed seven days after the notification of the refusal by the clerk.

A decision by the clerk to refuse a factum may be reviewed by a judge upon motion of refusal presented within 15 days after the notification.

5. Rule 42.1 of the Rules is repealed.

6. Rule 57 of the Rules is replaced by the following:

57. The parties and their counsels shall, without delay, advise the clerk of any change of address.

7. Rule 58 of the Rules is replaced by the following:

58. (1) The Court may make any order that justice requires.

(2) A party may apply to the Chief Justice or a judge designated by the Chief Justice to request directions in relation to an appeal.

(3) The Chief Justice or a judge designated by the Chief Justice may, in the interests of justice, make any order or take any measure to accelerate the appeal procedure.

8. Question 22 of Schedule B to the French version of the Rules is replaced by the following:

number	item
22.	Le cas échéant, quelle fut la peine proposée conjointement par le poursuivant et l'avocat de l'accusé en première instance?
23.	a) Quelle fut la peine suggérée par la Couronne?
	b) Quelle fut la peine suggérée par la défense?

ATTESTATION

Attested under my hand this 31st day of October, 2000

Pierre A. Michaud
Chief Justice of Quebec

Footnote a

S.C. 1994, c. 44, s. 35

Footnote 1

SI/99-10

NOTICE:
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