C-25.1 - Code of Penal Procedure

Full text
292. An interlocutory judgment rendered in first instance or in Superior Court which rules on an objection to the evidence based on article 283 of the Code of Civil Procedure (chapter C-25.01) or section 9 of the Charter of human rights and freedoms (chapter C-12) or which rules on the confidentiality of information disclosed through a thing seized may also be appealed immediately.
Such appeal takes place with leave of a judge of the Court of Appeal, where the objection to the evidence has been admitted or where the confidentiality of the information has been declared. The judge who grants such leave shall then order the continuation or stay of proceedings in first instance or in Superior Court, as the case may be.
The appeal takes place by operation of law where the objection to the evidence has been denied or where the nonconfidentiality of the information has been declared. The appeal does not stay proceedings but the judge of first instance or of the Superior Court, as the case may be, cannot hear the evidence contemplated by the objection or permit access to the information or render judgment on the proceedings until the appeal from the judgment is decided.
The appeal is heard by preference, unless the chief justice decides otherwise.
1987, c. 96, a. 292; I.N. 2016-01-01 (NCCP).
292. An interlocutory judgment rendered in first instance or in Superior Court which rules on an objection to the evidence based on article 308 of the Code of Civil Procedure (chapter C-25) or section 9 of the Charter of human rights and freedoms (chapter C-12) or which rules on the confidentiality of information disclosed through a thing seized may also be appealed immediately.
Such appeal takes place with leave of a judge of the Court of Appeal, where the objection to the evidence has been admitted or where the confidentiality of the information has been declared. The judge who grants such leave shall then order the continuation or stay of proceedings in first instance or in Superior Court, as the case may be.
The appeal takes place by operation of law where the objection to the evidence has been denied or where the nonconfidentiality of the information has been declared. The appeal does not stay proceedings but the judge of first instance or of the Superior Court, as the case may be, cannot hear the evidence contemplated by the objection or permit access to the information or render judgment on the proceedings until the appeal from the interlocutory judgment is decided.
The appeal is heard by preference, unless the chief justice decides otherwise.
1987, c. 96, a. 292.