CHAPTER IVProvisions Applicable to the Criminal and Penal Division (continued)
DIVISION ICriminal Proceedings (continued)
§ 6 — Filing of a Private Information
110 Filing of a private information. A person who wishes to file a private information must proceed to the court office. The court office staff explains to the person the procedure to be followed and provides the person with a list of documents required to support the information, as well as the form entitled “Private Criminal Prosecution Case Summary Form”.
111 Forwarding of information. Once the information has been completed, the clerk refers it to the coordinating judge or associate coordinating judge, as the case may be, who designates where applicable a judge to hear the referral in accordance with section 507.1 of the Criminal Code (R.S.C. 1985, c. C-46).
112 Referral. The referral is held ex parte and in camera. The evidence presented and the judgment rendered may only be transcribed with the authorization of the judge.
§ 7 — Case Management Conference, Preliminary Inquiry, Pre-hearing Conference and Facilitation Conference
113 Case management conference. A judge may hold a case management conference in the presence of the accused and the lawyer of record to specify the issues genuinely in dispute and identify appropriate means to simplify the proceeding and reduce the duration of the hearing.
The chief judge may establish rules of practice concerning case management conferences.
114 Preliminary inquiry and preparatory hearing. A party that wishes a preliminary inquiry to be held must complete, to the judge’s satisfaction and before a hearing date is set, the form provided by the rules of practice established by the chief judge.
If a preparatory hearing under section 536.4 of the Criminal Code (R.S.C. 1985, c. C-46) is necessary, it shall be held on the date and at the time and place set by the judge. The judge presiding over the hearing shall also consider any other matter that would promote a fair and expeditious inquiry.
The chief judge may establish rules of practice concerning prehearing conferences.
116 Facilitation conference. A judge may hold a facilitation conference with the lawyers for the parties to find a partial or final resolution of the file.
The chief judge may establish rules of practice concerning facilitation conferences.
117 Designation of a judge responsible for case management. A motion under section 551.1 of the Criminal Code (R.S.C. 1985, c. C-46) is made using the form provided in the rules of practice established by the chief judge.
DIVISION IIPenal Proceedings
118 Applicable provisions. The provisions of Division I of this Chapter apply, adapted as required, to the matters provided for in the Code of Penal Procedure (chapter C-25.1).
119 Time limit for filing. Notwithstanding section 104 of this Regulation, the prior notice, written application and affidavit mentioned in article 32 of the Code of Penal Procedure (chapter C-25.1) must be filed at least one clear day before the date scheduled for their presentation.
CHAPTER VProvisions Applicable to the Youth Division
DIVISION IIn Youth Protection Matters
§ 1 — Consultation and Removal of a Record or Exhibit
120 Consultation of a record. A person entitled by law may, after the clerk has verified the person’s entitlement and identity, consult a record or obtain a copy of all or part of the record. The record may be consulted only in the presence of the clerk or a person designated by the clerk.
The clerk enters in the record the name and title of the person consulting the record and the nature and identification of the exhibits consulted or provided.
121 Removal. No record may be removed from the court office, except for an appeal or a judicial review under the Code of Civil Procedure (chapter C-25.01), or at the request or with the authorization of a judge.
§ 2 — Records, Pleadings and Exhibits
122 Opening of record. The clerk opens a record for each case brought before the court, and all pleadings filed in the record must bear the full record number.
When the situation of several children is examined jointly, a copy of all exhibits, minutes, stenographic notes and judgments is filed in the record of each child, unless the court decides otherwise.
123 Court register. When a record is sent to the court or to the judge, an updated extract from the court register is placed in the record and inserted on the reverse side of the cover.
124 Name and date of birth. The name and date of birth of the child must be inscribed legibly on each record.
125 Exhibits. In addition to the rules set out in section 13 of this Regulation, the exhibits produced must bear the record number and a code letter specific to each party, be numbered consecutively, and be accompanied by a list.
The consecutive numbering must continue for any application made under sections 38 and 95 of the Youth Protection Act (chapter P-34.1).
In youth protection matters, the code letters are as follows:
D: the director of youth protection;
E: the child;
M: the mother;
P: the father;
PM: the father and mother;
PG: the Attorney General;
I: the intervenor;
C: the Commission des droits de la personne et des droits de la jeunesse;
MC: the impleaded party;
AD: any other applicant.
The code letters are preceded by “Pr-” for provisional applications and by “Ir-” for incidental applications, and are independently numbered.
126 Establishment of a child’s identity, date of birth and filiation. A child’s identity, date of birth and filiation must be established no later than at the beginning of the hearing on the merits of an application for protection, or any other time authorized by the judge. The information is established using a birth certificate, unless the judge decides otherwise.
For this purpose, the production of a copy of the child’s birth certificate is permitted after its conformity with the original has been verified.
If the certificate is written in a language other than French or English, it must be translated when filed.
When one or both of the parents are deceased, the production of a photocopy of the death certificate suffices.
127 Written application and accessory application. All applications must be made in writing unless an exemption is granted by the court.
When the accessory application is made at the same time as the principal application, it may appear in the same pleading provided the allegations and conclusions are separately identified.
128 Knowledge of a judgment, order, promise or agreement concerning the child. The applicant must state if the child is subject to an agreement on voluntary measures between the parties or with the director of youth protection, or to an application, action or judgment and, where applicable, produce a copy of the agreement, pleadings or judgment.
When the grounds for the application include a criminal prosecution, the applicant must produce a copy of the information, promise, undertaking or judgment, unless an exemption is granted by the court.
Any party having knowledge of a judgment, order, promise or agreement affecting the child’s rights must notify the court of it.
129 Authorized applicant. The pleading must indicate if the applicant is authorized by the director of youth protection to act with respect to the child’s situation, in accordance with the Youth Protection Act (chapter P-34.1).
130 Analyses, reports, studies and expert reports. All analyses, reports, studies and expert reports must be concise and relevant to the case.
In addition, the study of the child’s social situation by the director of youth protection, including recommendations, is limited to a maximum of 10 pages, unless the judge decides otherwise because of exceptional circumstances. This application must be made in writing.
The documents must be laid out with at least single spacing and Aria 12 point typeface.
131 Joint inquiry. Where the judge is seized of the situation of more than one child from the same family, or where the parties are proceeding by way of a joint inquiry, the report on the assessment of the child’s social situation filed in respect of each child must indicate the passages specific to that child using shaded text.
132 Written statement by witness. Every report filed under article 292 of the Code of Civil Procedure (chapter C-25.01) must be accompanied by a notice setting out with precision the relevant points that the person filing the report wishes to prove and a reference to the passages concerned.
133 Extracts from reports by other authors. The study of the child’s social situation by the director of youth protection may contain extracts from reports by other authors provided the whole of such reports are made available to the parties on request.
134 Application for an exemption. An application for an exemption under section 84.2 of the Youth Protection Act (chapter P-34.1) must be made in writing and give reasons.
135 Handwritten document. Every handwritten document must be legible or accompanied by a legible transcript.
136 Notice of appeal and decision rendered on appeal. A copy of a notice of appeal or of a decision rendered on appeal from a judgment by the court must, as soon as it is received, be forwarded by the clerk to the judge who rendered the judgment in first instance.
§ 3 — Rolls and Hearings
137 Separate rolls. Separate rolls for the hearing of cases in matters of child protection and adoption must be prepared by the clerk.
138 Adjournment by the clerk. When the judge is absent or unable to act, the clerk may adjourn any hearing for a set period that may not exceed the next session.
§ 4 — Taking Under Advisement and Judgment
139 Advisement. Before submitting a record to the judge for purposes of advisement, the clerk ensures that it is complete. If the record is incomplete, the clerk notifies the parties’ lawyers of this fact so that they may complete it within the time limit set by the court.
If a party fails to file an exhibit required by the judge or fails to complete its oral or written arguments within the time limit set at the trial, the judge takes the case under advisement at the stage it has reached on the expiry of that time limit.
- Date modified: