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

Section 34 Disposition versions

2019-12-26

34. Argument. Each argument is divided into 5 parts:

(1)  Part I (facts): The appellant succinctly states its position and recites the facts. The respondent may comment on them and relate additional facts.

(2)  Part II (issues in dispute): The appellant concisely states the issues in dispute. An appellant wishing to raise questions of law not stated in the notice of appeal must state and describe those questions in clear terms. An appellant wishing to raise questions of law not stated in the notice of appeal or the motion for leave to appeal must first apply for and obtain leave in writing from a judge, unless the judge refers the matter to the panel that will hear the appeal. The respondent responds to the issues raised by the appellant and may add any further issue the respondent intends to argue, including those rejected or not considered by the court that rendered the judgment under appeal.

(3)  Part III (submissions): Each party develops its submissions, with precise references to the content of the schedules. A respondent seeking to have the second or third paragraph of article 286 of the Code of Penal Procedure (chapter C-25.1) apply must so specify and provide the grounds of fact and law relied on.

(4)  Part IV (conclusions): Each party states the precise conclusions it seeks.

(5)  Part V (authorities): Each party prepares a list of authorities in the order in which they appear in the argument, with reference to the paragraphs at which they are cited.

O.C. 1186-2019, s. 34.

Not in force

In force: 2019-12-26

34. Argument. Each argument is divided into 5 parts:

(1)  Part I (facts): The appellant succinctly states its position and recites the facts. The respondent may comment on them and relate additional facts.

(2)  Part II (issues in dispute): The appellant concisely states the issues in dispute. An appellant wishing to raise questions of law not stated in the notice of appeal must state and describe those questions in clear terms. An appellant wishing to raise questions of law not stated in the notice of appeal or the motion for leave to appeal must first apply for and obtain leave in writing from a judge, unless the judge refers the matter to the panel that will hear the appeal. The respondent responds to the issues raised by the appellant and may add any further issue the respondent intends to argue, including those rejected or not considered by the court that rendered the judgment under appeal.

(3)  Part III (submissions): Each party develops its submissions, with precise references to the content of the schedules. A respondent seeking to have the second or third paragraph of article 286 of the Code of Penal Procedure (chapter C-25.1) apply must so specify and provide the grounds of fact and law relied on.

(4)  Part IV (conclusions): Each party states the precise conclusions it seeks.

(5)  Part V (authorities): Each party prepares a list of authorities in the order in which they appear in the argument, with reference to the paragraphs at which they are cited.

O.C. 1186-2019, s. 34.