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C-25.1, r. 0.1 - Regulation of the Court of Appeal of Québec in penal matters
Section 56
Disposition versions
56. Allegation of ineffective assistance of counsel. An appellant alleging the ineffective assistance of counsel who represented the appellant in first instance or before the Superior Court must inform that counsel by sending a copy of the written pleadings containing the allegation. The parties must complete the required form, available at the office of the Court and on the Court’s website, within the time indicated on the document.
Response from counsel. Counsel wishing to respond must so inform the chief justice and the other parties in writing, describing the means counsel considers appropriate to respond to the allegations.
Management. A judge may, by a management conference, endeavour to bring the parties to an agreement on the procedure by which the evidence will be gathered or, if necessary, impose such a procedure and a timetable.
New evidence. The parties must present the appropriate motions in order to be authorized to admit new evidence under the second paragraph of article 312 of the Code of Penal Procedure (chapter C-25.1).
In force: 2019-12-26
56. Allegation of ineffective assistance of counsel. An appellant alleging the ineffective assistance of counsel who represented the appellant in first instance or before the Superior Court must inform that counsel by sending a copy of the written pleadings containing the allegation. The parties must complete the required form, available at the office of the Court and on the Court’s website, within the time indicated on the document.
Response from counsel. Counsel wishing to respond must so inform the chief justice and the other parties in writing, describing the means counsel considers appropriate to respond to the allegations.
Management. A judge may, by a management conference, endeavour to bring the parties to an agreement on the procedure by which the evidence will be gathered or, if necessary, impose such a procedure and a timetable.
New evidence. The parties must present the appropriate motions in order to be authorized to admit new evidence under the second paragraph of article 312 of the Code of Penal Procedure (chapter C-25.1).
