C-25.1, r. 0.1 - Regulation of the Court of Appeal of Québec in penal matters

Section 28 Disposition versions

2019-12-26

28. Content. An appellant seeking release from custody under article 298 or 314 of the Code of Penal Procedure (chapter C-25.1) must attach an affidavit to the application attesting to:

(1)  the appellant’s places of residence in the 3 years before conviction and the place the appellant intends to reside if released;

(2)  if applicable, the appellant’s last employment and the name and contact information of the employer, and the employment the appellant intends to hold if released;

(3)  if applicable, the appellant’s previous convictions, including convictions outside Canada;

(4)  any charges pending against the appellant in Canada and elsewhere at the time of the application;

(5)  whether or not the appellant holds a Canadian or foreign passport or has a pending passport application; and

(6)  whether or not the appellant is a Canadian citizen.

Exemption from affidavit. The judge to whom the application is made may waive the requirement of an affidavit and rely on a written statement of facts signed by the appellant’s counsel and the respondent’s counsel.

Release from custody pending appeal to Supreme Court. An application for release from custody for the duration of an appeal to the Supreme Court of Canada under article 314 of the Code of Penal Procedure must be accompanied by a certificate from the registrar of that Court attesting that a motion for leave to appeal or a notice of appeal has been filed.

O.C. 1186-2019, s. 28.

Not in force

In force: 2019-12-26

28. Content. An appellant seeking release from custody under article 298 or 314 of the Code of Penal Procedure (chapter C-25.1) must attach an affidavit to the application attesting to:

(1)  the appellant’s places of residence in the 3 years before conviction and the place the appellant intends to reside if released;

(2)  if applicable, the appellant’s last employment and the name and contact information of the employer, and the employment the appellant intends to hold if released;

(3)  if applicable, the appellant’s previous convictions, including convictions outside Canada;

(4)  any charges pending against the appellant in Canada and elsewhere at the time of the application;

(5)  whether or not the appellant holds a Canadian or foreign passport or has a pending passport application; and

(6)  whether or not the appellant is a Canadian citizen.

Exemption from affidavit. The judge to whom the application is made may waive the requirement of an affidavit and rely on a written statement of facts signed by the appellant’s counsel and the respondent’s counsel.

Release from custody pending appeal to Supreme Court. An application for release from custody for the duration of an appeal to the Supreme Court of Canada under article 314 of the Code of Penal Procedure must be accompanied by a certificate from the registrar of that Court attesting that a motion for leave to appeal or a notice of appeal has been filed.

O.C. 1186-2019, s. 28.