Purpose

An application in the course of a proceeding presented before a judge must be filed on paper and must therefore be in writing.

It cannot exceed 10 pages, which excludes the designation of the parties and the conclusions sought.

A judge may refer an application to the Court.

Examples

• Application for release from custody (s. 679 Cr.C. and s. 33 R.C.A.Q.C.M.)
• Application to suspend the sentence (s. 683(5) Cr.C.)
• Application presented to a judge to seek the assignment of counsel (s. 684(1) Cr.C.)

Notification/Filing

You must notify and file your application in the course of a proceeding addressed to a judge:

• at least two working days prior to its presentation date in the case of an application for interim release from custody or an application to amend the terms of release;

• at least five working days prior to its presentation date in all other cases.

Your application in the course of a proceeding addressed to a judge must be notified to the other parties (i) by technological means or (ii) by delivering one paper copy of the application.

Number of copies of an application in the course of a proceeding

You must file two paper copies of your application, together with:

• one copy of the proof of notification to the other parties;
• an express statement of confidentiality (if applicable) beneath the court file number;
• an affidavit, if necessary;
• a notice of presentation; and
• all the documents required for its adjudication.

Calendars of available dates

Please refer to the page entitled “Calendars of hearing dates of applications” on our website to determine the days on which you can present your application before a judge.

No reservation is required to present an application addressed to a judge.

Notice of presentation

Every application must be accompanied by a notice of presentation stating, in particular, the date and time it is to be presented and the courtroom in which the hearing will take place.

Between the filing date and the presentation date of your application, there must be:

• at least two working days in the case of an application for interim release from custody or an application to amend the terms of release. For more information, please refer to the section entitled “Application for interim release from custody (pending the determination of the appeal)”;

• at least five working days in all other cases.

Such applications are presented from Monday to Friday at 9:30 a.m.

Montreal: Courtroom RC-18 / Quebec City: Courtroom 4.30

Digital Office of the Court of Appeal (DOCA)

Using DOCA, you must transmit the PDF file of your application on the day the paper version is filed, unless you are exempted from doing so.

Exemption: Self-represented parties who are detained or hospitalized are not required to transmit the PDF file of pleadings, briefs, memoranda or any other document they file on paper.

Book of authorities

If you want to file a book of authorities in support of your application, the PDF file must be filed through DOCA and notified to the other parties at least two working days before the presentation date of the application.

Please consult the table published in the subsection Number of copies in paper copy format required for a hearing to determine the number of copies required by the clerk depending on the presentation date of your application and the courtroom in which it will be heard. Please refer to: Book of authorities and hearing.

Decorum

Whether the hearing is held in person or by technological means, sober attire is required.

Guide to best practices

1. Before filing your application, verify that it satisfies all the requirements mentioned in the checklist available on the Court’s website and at the Court office
2. To reduce the risk of errors, use the model pleadings in Word format prepared by the Court and made available on the Court’s website.
3. Before indicating a date in the notice of presentation, consult the available hearing dates at Calendars of hearing dates of applications.
4. Make sure to attach all exhibits necessary to support your application addressed to a judge, including the contested judgment.

Avoid these frequent reasons for refusal

• Your application was not validly notified.
• Your application exceeds the 10-page maximum.
• The number of copies of the application is insufficient.
• Your application was transmitted only by email, by fax or through DOCA without paper copies (except for originating appellate pleadings).

Useful links and resources

Please read the applicable provisions, including:

Sections 8, 9, 13, 20 to 24, 33, 40, 45, 50 to 59, 61, 62 and 82 R.C.A.Q.C.M.

Application for interim release from custody and content of the application

An application for interim release from custody pending the determination of the appeal must be filed on paper and must therefore be in writing.

It is generally presented before a judge.

Your application for release from custody must state:

• the conditions imposed on you in first instance, where applicable; and
• the conditions you consider appropriate on appeal.

You must attach to your application an affidavit certifying:

1. your places of residence in the three years prior to conviction as well as the place you intend to reside if released;
2. if applicable, your employment before conviction, your employer, as well as your intended employment if released;
3. if applicable, your prior convictions, including convictions outside Canada, in a clear and concise manner;
4. if applicable, any charges pending against you, in Canada and elsewhere, at the time of the application; and
5. whether or not you hold a Canadian or foreign passport or have submitted a passport application that is pending.

Your application for release from custody cannot exceed 10 pages, which excludes the designation of the parties and the conclusions sought.

Notification/Filing

If you do not file your application for release from custody at the same time as the originating appellate pleading, you must notify your application for release from custody to the other parties (i) by technological means or (ii) by delivering one paper copy of the application.

You must file two paper copies of your application for release from custody at least two working days before its presentation date together with:

• one copy of the proof of notification to the other parties;
• an express statement of confidentiality (if applicable) beneath the court file number;
• an affidavit (see above);
• a notice of presentation; and
• all the documents required for its adjudication.

In the case of an application for interim release from custody pending an appeal to the Supreme Court of Canada, you must also attach written proof certifying that an application for leave to appeal or a notice of appeal has been filed.

If you want to file a book of authorities in support of your application, the book of authorities must be notified to the other parties and filed with the Court office as soon as possible before the presentation date of the application.

Exemption: Self-represented parties who are detained or hospitalized are not required to transmit the PDF file of pleadings, briefs, memoranda or any other document they file on paper.

Calendars of available dates

Please refer to the page entitled “Calendars of hearing dates of applications” on our website to determine the days on which you can present your application for release from custody before a judge.

No reservation is required to present your application for release from custody before a judge.

Notice of presentation

Every application must be accompanied by a notice of presentation stating, in particular, the date and time it is to be presented and the courtroom in which the hearing will take place.

There must be at least two working days between the filing date and the presentation date of your application for release from custody.

Such applications are presented from Monday to Friday at 9:30 a.m.

Montreal: Courtroom RC-18 / Quebec City: Courtroom 4.30

Decorum

You will appear by videoconference from the place where you are being held in custody.

Whether the hearing is held in person or by technological means, sober attire is required.

Guide to best practices

1. Verify that your application satisfies all the requirements mentioned in the checklist available on the Court’s website and at the Court office.
2. To reduce the risk of errors, use the model pleading in Word format prepared by the Court and made available on the Court’s website.

Avoid these frequent reasons for refusal

• Your application for interim release from custody was sent to the Court office without proof of notification.
• Your application exceeds the 10-page maximum.
• Your application was transmitted only by email, by fax or through DOCA without paper copies (except for originating appellate pleadings).

Useful links and resources

Please read the applicable provisions, including:

Sections 9, 13, 20 to 24, 33, 50 to 59 and 61 R.C.A.Q.C.M.

Purpose

An application in the course of a proceeding presented before the Court (panel of three judges) must be filed on paper and must therefore be in writing.

It cannot exceed 10 pages, which excludes the designation of the parties and the conclusions sought.

Example

• Application presented to the Court to seek the assignment of counsel (s. 684(1) Cr.C.)

Notification/Filing

You must notify and file your application addressed to the Court at least 10 working days before its presentation date.

You must file four paper copies of your application, together with (i) a copy of the proof of notification to the other parties; (ii) an express statement of confidentiality (if applicable) beneath the court file number; (iii) an affidavit, if required; (iv) a notice of presentation; and (v) all the documents required for its adjudication.

Every application in the course of a proceeding addressed to the Court must be notified to the other parties by technological means or by delivering one paper copy of the application.

In the case of an application presented to the Court to seek the assignment of counsel, the application must also be served on the Attorney General.

Book of authorities

If you want to file a book of authorities in support of your application, the PDF file must be filed through DOCA and notified to the other parties at least five working days before the date of presentation of the application before the Court.

Please consult the table published in the subsection Number of copies in paper copy format required for a hearing to determine the number of copies required by the clerk depending on the presentation date of your application and the courtroom in which it will be heard. Please refer to: Book of authorities and hearing.

Notice of presentation

Every application must be accompanied by a notice of presentation stating, in particular, the date and time it is to be presented and the courtroom in which the hearing will take place.

There must be at least 10 working days between the filing date and the presentation date of your application in the course of a proceeding addressed to the Court. 

Such applications are presented at 9:30 a.m.:

Montreal: every Monday, during the weeks when the Court is sitting (Pierre-Basile Mignault Courtroom).

Quebec City: one Monday a month, during the weeks when the Court is sitting (Courtroom 4.33).

Reservation

Please refer to the page entitled “Calendars of hearing dates of applications” on our website to determine the days on which you can present your application before the Court.

If you want to present your application before the Court, you must, prior to filling out your notice of presentation, reserve a date by calling the Court office:

Montreal: 514-393-2022 / Quebec City: 418-649-3401

Digital Office of the Court of Appeal (DOCA)

Using DOCA, you must transmit the PDF file of your application on the day the paper version is filed, unless you are exempted from doing so.

Exemption: Self-represented parties who are detained or hospitalized are not required to transmit the PDF file of pleadings, briefs, memoranda or any other document they file on paper.

Decorum

Whether the hearing is held in person or by technological means, sober attire is required.

Guide to best practices

1. Before filing your application addressed to the Court, verify that it satisfies all the requirements mentioned in the checklist available on the Court’s website and at the Court office
2. To reduce the risk of errors, use the model pleadings in Word format prepared by the Court and made available on the Court’s website.
3. Before indicating a date in the notice of presentation, consult the available hearing dates at Calendars of hearing dates of applications and reserve a presentation date by calling the Court office.
4. Make sure to attach all exhibits necessary to support your application addressed to the Court.

MotifsAvoid these frequent reasons for refusal

• Your application in the course of a proceeding was not validly notified.
• Your application exceeds the 10-page maximum.
• The number of copies of the application is insufficient.
• Your application was transmitted only by email, by fax or through DOCA without paper copies (except for originating appellate pleadings).

Useful links and resources

Please read the applicable provisions, including:

Sections 675(1)(a)(iii), 675(4), 680, 683(1) and 684(1) Cr.C.

Sections 8, 9, 13, 20 to 24, 44 para. 1 and 50 to 62 R.C.A.Q.C.M.

Purpose

An application presented before the clerk must be filed on paper and must therefore be in writing.

It cannot exceed10 pages, which excludes the designation of the parties and the conclusions sought.

The clerk may refer an application to a judge or to the Court (panel of three judges).

Example

• Application to extend the time limit for filing form SJ-980A

Notification/Filing

You must notify your application addressed to the clerk to the other parties, either by technological means or by delivering one paper copy of the notice, and file it at least two working days before its presentation date.

You must file two paper copies of your application, together with:

1. one copy of the proof of notification to the other parties;
2. an express statement of confidentiality (if applicable) beneath the court file number;
3. an affidavit, if required;
4. a notice of presentation; and
5. all the documents required for its adjudication.

Notice of presentation

There must be at least two working days between the filing date and the presentation date of your application addressed to the clerk.

Such applications are presented from Monday to Friday at 9:00 a.m. 

Montreal: Courtroom RC-18 / Quebec City: Courtroom 4.30

Book of authorities

If you want to file a book of authorities in support of your application, you must file and notify it as soon as possible before the presentation date of the application. Please refer to: Book of authorities and hearing.

Digital Office of the Court of Appeal (DOCA)

Using DOCA, you must transmit the PDF file of your application on the day the paper version is filed, unless you are exempted from doing so.

Exemption: Self-represented parties who are detained or hospitalized are not required to transmit the PDF file of the book of authorities, pleadings, briefs, memoranda or any other document they file on paper.

Decorum

Whether the hearing is held in person or by technological means, sober attire is required.

Guide to best practices

1. Before filing your application addressed to the clerk, verify that it satisfies all the requirements mentioned in the checklist available on the Court’s website and at the Court office.
2. Make sure to attach all exhibits necessary to support your application addressed to the clerk.

Avoid these frequent reasons for refusal

• Your application was not validly notified.
• Your application exceeds the 10-page maximum.
• The number of copies of the application is insufficient.
• Your application was transmitted only by email, by fax or through DOCA without paper copies.

Useful links and resources

Please read the applicable provisions, including:

Sections 8, 9, 13, 20 to 24, 50 to 59 and 82 R.C.A.Q.C.M.