C-25.01, r. 9 - Regulation of the Court of Québec

Section 37 Disposition versions

2021-04-01

37. Minutes of hearing. The clerk draws up the minutes of the hearing using the form prescribed for that purpose, on which the clerk enters:

(1)  in all matters,

(a)  the record number;

(b)  the names of the parties;

(c)  the presence or absence of any party;

(d)  the names of the lawyers or notaries, their permanent court number in the case of lawyers, and the party they are representing or, if applicable, the fact that a party has declined to be represented;

(e)  the name of the judge presiding over the hearing;

(f)  the names of the clerk and stenographer, if any;

(g)  the courtroom number, the date and time of the beginning and end of the hearing and the tape position numbers;

(h)  the names of the interpreters;

(i)  the names and addresses of the witnesses, and the name of the party calling them to testify;

(j)  the code and description of all the exhibits produced;

(k)  any admissions;

(l)  objections to evidence;

(m)  the grounds for any decision made on an application for postponement;

(n)  the conclusions of any judgment, decision or measures rendered at the hearing by the judge;

(o)  the different stages of the proceedings with the time and, if applicable, the tape position numbers;

(2)  in the Civil Division, the minutes must also indicate the nature of the case and the amount of the claim, if any;

(3)  in the Criminal and Penal Division, the following information must also be entered:

(a)  in addition to the conclusions of any decision or order rendered at the hearing by the judge, the sentence imposed by the judge;

(b)  any waiver of language rights and the notice concerning language rights;

(4)  in the Youth Division, the minutes of a protection case must also indicate:

(a)  the child’s date of birth;

(b)  a reference to the section of the Youth Protection Act (chapter P-34.1) on which the case is based, and the nature of the case;

(5)  in the Youth Division, the minutes of a youth criminal justice case must also indicate:

(a)  the young person’s date of birth;

(b)  a reference to the statute containing the offence the young person is alleged to have committed;

(c)  a decision by the young person not to be represented, or the counsel appointed for a young person and the filing of a document of appointment;

(d)  the fact that the information or indictment was read or, where applicable, the fact that the represented young person waived the right to a reading;

(e)  the explanations prescribed by law concerning the possibility that the young person will be sentenced to an adult sentence or, where applicable, a statement by the young person’s lawyer that the explanation has been provided;

(f)  the reading of the text prescribed by law concerning the mode of trial, when the option is offered;

(g)  the young person’s election concerning the mode of trial;

(h)  the fact that the prosecutor or young person has requested the holding of a preliminary inquiry;

(i)  a statement as to whether or not an application for an adult sentence has been received;

(j)  a statement as to whether or not the prosecutor has waived the option of applying for an adult sentence;

(k)  (subparagraph revoked);

(l)  a waiver of language rights and the notice on language rights.

O.C. 1099-2015, s. 37; O.C. 201-2021, s. 11.

2016-01-01

37. Minutes of hearing. The clerk draws up the minutes of the hearing using the form prescribed for that purpose, on which the clerk enters:

(1)  in all matters,

(a)  the record number;

(b)  the names of the parties;

(c)  the presence or absence of any party;

(d)  the names of the lawyers or notaries, their permanent court number in the case of lawyers, and the party they are representing or, if applicable, the fact that a party has declined to be represented;

(e)  the name of the judge presiding over the hearing;

(f)  the names of the clerk and stenographer, if any;

(g)  the courtroom number, the date and time of the beginning and end of the hearing and the tape position numbers;

(h)  the names of the interpreters;

(i)  the names and addresses of the witnesses, and the name of the party calling them to testify;

(j)  the code and description of all the exhibits produced;

(k)  any admissions;

(l)  objections to evidence;

(m)  the grounds for any decision made on an application for postponement;

(n)  the conclusions of any judgment, decision or measures rendered at the hearing by the judge;

(o)  the different stages of the proceedings with the time and, if applicable, the tape position numbers;

(2)  in the Civil Division, the minutes must also indicate the nature of the case and the amount of the claim, if any;

(3)  in the Criminal and Penal Division, the following information must also be entered:

(a)  in addition to the conclusions of any decision or order rendered at the hearing by the judge, the sentence imposed by the judge;

(b)  any waiver of language rights and the notice concerning language rights;

(4)  in the Youth Division, the minutes of a protection case must also indicate:

(a)  the child’s date of birth;

(b)  a reference to the section of the Youth Protection Act (chapter P-34.1) on which the case is based, and the nature of the case;

(5)  in the Youth Division, the minutes of a youth criminal justice case must also indicate:

(a)  the young person’s date of birth;

(b)  a reference to the statute containing the offence the young person is alleged to have committed;

(c)  a decision by the young person not to be represented, or the counsel appointed for a young person and the filing of a document of appointment;

(d)  the fact that the information or indictment was read or, where applicable, the fact that the represented young person waived the right to a reading;

(e)  the explanations prescribed by law concerning the possibility that the young person will be sentenced to an adult sentence or, where applicable, a statement by the young person’s lawyer that the explanation has been provided;

(f)  the reading of the text prescribed by law concerning the mode of trial, when the option is offered;

(g)  the young person’s election concerning the mode of trial;

(h)  the fact that the prosecutor or young person has requested the holding of a preliminary inquiry;

(i)  a statement as to whether or not an application for an adult sentence has been received;

(j)  a statement as to whether or not the prosecutor has waived the option of applying for an adult sentence;

(k)  the name and quality of a person who consults and, if applicable, the exhibits and pleadings of which the person receives a copy; on request, the clerk issues a certified copy;

(l)  a waiver of language rights and the notice on language rights.

O.C. 1099-2015, s. 37.