C-25.01 - Code of Civil Procedure

Section 78 Disposition versions

2016-01-01

78. In criminal or penal matters, a notice to the Attorney General of Québec under the second paragraph of article 76 must be served at least 10 days before the date of the trial on the application for reparation. Failing that, the court orders service of the notice and postpones the hearing, unless the Attorney General waives the notice period or the court shortens it because, in its opinion, it is necessary to prevent irreparable prejudice to the initiator of the application or to a third person.

Such a notice is not required if the reparation sought relates to the disclosure or exclusion of evidence or to the period of time elapsed since the accusation, or in the cases determined by order of the Minister of Justice published in the Gazette officielle du Québec.

2014, c. 1, a. 78.