T-16 - Courts of Justice Act

Section 82 Disposition versions

1990-10-01

82. In criminal and penal matters, the Court has jurisdiction within the limits provided for by law in respect of proceedings brought under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Code of Penal Procedure (chapter C-25.1) or any other Act.

Such jurisdiction shall be exercised, in particular, by the judges assigned to the Criminal and Penal Division.

R. S. 1964, c. 20, s. 73; 1965 (1st sess.), c. 16, s. 21; 1968, c. 15, s. 4; 1969, c. 18, s. 2; 1969, c. 19, s. 5; 1970, c. 10, s. 4; 1972, c. 11, s. 8; 1977, c. 5, s. 14; 1979, c. 71, s. 165; 1982, c. 32, s. 123; 1982, c. 18, s. 183; 1988, c. 21, s. 30; 1990, c. 4, s. 881.

1988-12-12

82. In criminal and penal matters, the Court has jurisdiction within the limits provided for by law in respect of proceedings brought under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Summary Convictions Act (chapter P-15) or any other Act.

Such jurisdiction shall be exercised, in particular, by the judges assigned to the Criminal and Penal Division.

R. S. 1964, c. 20, s. 73; 1965 (1st sess.), c. 16, s. 21; 1968, c. 15, s. 4; 1969, c. 18, s. 2; 1969, c. 19, s. 5; 1970, c. 10, s. 4; 1972, c. 11, s. 8; 1977, c. 5, s. 14; 1979, c. 71, s. 165; 1982, c. 32, s. 123; 1982, c. 18, s. 183; 1988, c. 21, s. 30.

1988-08-31

82. In criminal and penal matters, the Court has jurisdiction within the limits provided for by law in respect of proceedings brought under the Criminal Code, the Summary Convictions Act (chapter P-15) or any other Act.

Such jurisdiction shall be exercised, in particular, by the judges assigned to the Criminal and Penal Division.

R. S. 1964, c. 20, s. 73; 1965 (1st sess.), c. 16, s. 21; 1968, c. 15, s. 4; 1969, c. 18, s. 2; 1969, c. 19, s. 5; 1970, c. 10, s. 4; 1972, c. 11, s. 8; 1977, c. 5, s. 14; 1979, c. 71, s. 165; 1982, c. 32, s. 123; 1982, c. 18, s. 183; 1988, c. 21, s. 30.

1982-07-11

82. No judge of the sessions shall, either directly or indirectly, as director or manager of any corporation, company or firm, or in any other manner whatsoever, for himself or others, engage in any occupation or business other than his judicial duties; but every such judge shall devote himself exclusively to such judicial duties.

Nevertheless, a judge of the sessions may act as president or chairman, or as vice-president or vice-chairman, of a commission, board, bureau or committee instituted under a law of Québec, the members of which are appointed by the Government; he may also act as Public Protector or assistant to the latter and in addition to the foregoing, as a director of the Régie des permis d’alcool du Québec, as a member of the public safety committee of the Communauté urbaine de Montréal, if such body is constituted by an act, or as a member of the Commission de police du Québec if he is appointed under section 10 of the Police Act (chapter P-13). He shall then be deemed to be on leave of absence without salary, but notwithstanding any general law or special act, the remuneration payable to him for the period during which he performs such duties shall be at least equal to the salary which he would be receiving under this act, for the same period, if he were not so on leave. For the purposes of his pension, he shall remain exclusively governed by the legislative provisions respecting the pensions of judges of the sessions and the time that he devotes to his new duties shall be added to that during which he acted as a judge of the sessions.

A judge of the sessions may also, with the written consent of the Chief Judge and the previous authorization of the Minister of Justice, exercise the functions of arbitrator or be a member of an organization performing such functions; he shall also be bound to do so if so required by a writing of the Chief Judge acting with the same authorization; however, in such cases the judge shall not be entitled to any remuneration except his salary as a judge, his actual travelling expenses and the expense allowance contemplated in this act.

A judge of the sessions may also carry out any mandate entrusted to him by the Government with the written consent of the Chief Judge and the previous authorization of the Government; in such case, he shall be entitled to the additional salary or fees fixed, if need be, by the Government.

A judge of the sessions may also execute any mandate entrusted to him by the Governor in Council, with the previous approval of the Government; in such case, he shall be entitled to the salary or fees fixed by the Governor in Council, in agreement with the Government.

A judge of the sessions may also, with the written consent of the Chief Judge, engage in teaching activities against remuneration.

R. S. 1964, c. 20, s. 73; 1965 (1st sess.), c. 16, s. 21; 1968, c. 15, s. 4; 1969, c. 18, s. 2; 1969, c. 19, s. 5; 1970, c. 10, s. 4; 1972, c. 11, s. 8; 1977, c. 5, s. 14; 1979, c. 71, s. 165; 1982, c. 32, s. 123; 1982, c. 18, s. 183.

1980-06-01

82. No judge of the sessions shall, either directly or indirectly, as director or manager of any corporation, company or firm, or in any other manner whatsoever, for himself or others, engage in any occupation or business other than his judicial duties; but every such judge shall devote himself exclusively to such judicial duties.

Nevertheless, a judge of the sessions may act as president or chairman, or as vice-president or vice-chairman, of a commission, board, bureau or committee instituted under a law of Québec, the members of which are appointed by the Government; he may also act as Public Protector or assistant to the latter and in addition to the foregoing, as a director of the Régie des permis d’alcool du Québec, as a member of the Public Security Council of the Communauté urbaine de Montréal, if such body is constituted by an act, or as a member of the Commission de police du Québec if he is appointed under section 10 of the Police Act (chapter P-13). He shall then be deemed to be on leave of absence without salary, but notwithstanding any general law or special act, the remuneration payable to him for the period during which he performs such duties shall be at least equal to the salary which he would be receiving under this act, for the same period, if he were not so on leave. For the purposes of his pension, he shall remain exclusively governed by the legislative provisions respecting the pensions of judges of the sessions and the time that he devotes to his new duties shall be added to that during which he acted as a judge of the sessions.

A judge of the sessions may also, with the written consent of the Chief Judge and the previous authorization of the Minister of Justice, exercise the functions of arbitrator or be a member of an organization performing such functions; he shall also be bound to do so if so required by a writing of the Chief Judge acting with the same authorization; however, in such cases the judge shall not be entitled to any remuneration except his salary as a judge, his actual travelling expenses and the expense allowance contemplated in this act.

A judge of the sessions may also carry out any mandate entrusted to him by the Government with the written consent of the Chief Judge and the previous authorization of the Government; in such case, he shall be entitled to the additional salary or fees fixed, if need be, by the Government.

A judge of the sessions may also execute any mandate entrusted to him by the Governor in Council, with the previous approval of the Government; in such case, he shall be entitled to the salary or fees fixed by the Governor in Council, in agreement with the Government.

R. S. 1964, c. 20, s. 73; 1965 (1st sess.), c. 16, s. 21; 1968, c. 15, s. 4; 1969, c. 18, s. 2; 1969, c. 19, s. 5; 1970, c. 10, s. 4; 1972, c. 11, s. 8; 1977, c. 5, s. 14; 1979, c. 71, s. 165.

1977-12-31

82. No judge of the sessions shall, either directly or indirectly, as director or manager of any corporation, company or firm, or in any other manner whatsoever, for himself or others, engage in any occupation or business other than his judicial duties; but every such judge shall devote himself exclusively to such judicial duties.

Nevertheless, a judge of the sessions may act as president or chairman, or as vice-president or vice-chairman, of a commission, board, bureau or committee instituted under a law of Québec, the members of which are appointed by the Gouvernement; he may also act as Public Protector or assistant to the latter and in addition to the foregoing as a member of the Public Security Council of the Communauté urbaine de Montréal, if such body is constituted by an act, or as a member of the Commission de police du Québec if he is appointed under section 10 of the Police Act (chapter P-13). He shall then be deemed to be on leave of absence without salary, but notwithstanding any general law or special act, the remuneration payable to him for the period during which he performs such duties shall be at least equal to the salary which he would be receiving under this act, for the same period, if he were not so on leave. For the purposes of his pension, he shall remain exclusively governed by the legislative provisions respecting the pensions of judges of the sessions and the time that he devotes to his new duties shall be added to that during which he acted as a judge of the sessions.

A judge of the sessions may also, with the written consent of the Chief Judge and the previous authorization of the Minister of Justice, exercise the functions of arbitrator or be a member of an organization performing such functions; he shall also be bound to do so if so required by a writing of the Chief Judge acting with the same authorization; however, in such cases the judge shall not be entitled to any remuneration except his salary as a judge, his actual travelling expenses and the expense allowance contemplated in this act.

A judge of the sessions may also carry out any mandate entrusted to him by the Gouvernement with the written consent of the Chief Judge and the previous authorization of the Gouvernement; in such case, he shall be entitled to the additional salary or fees fixed, if need be, by the Gouvernement.

A judge of the sessions may also execute any mandate entrusted to him by the Governor in Council, with the previous approval of the Gouvernement; in such case, he shall be entitled to the salary or fees fixed by the Governor in Council, in agreement with the Gouvernement.

R. S. 1964, c. 20, s. 73; 1965 (1st sess.), c. 16, s. 21; 1968, c. 15, s. 4; 1969, c. 18, s. 2; 1969, c. 19, s. 5; 1970, c. 10, s. 4; 1972, c. 11, s. 8; 1977, c. 5, s. 14.