Purpose

Your appeal is initiated when the clerk accepts the filing of the notice of appeal, whether such filing is done at the Court office or through the Digital Office of the Court of Appeal (DOCA).

Notice of appeal and content of the notice

Your notice of appeal must contain the following information:

• the offence in question;
• the sentence imposed, if applicable;
• the date of the judgment on guilt and the date of the sentencing judgment, as the case may be;
• in the case of an appeal from the sentence, a statement indicating whether the judgment on guilt has been appealed and, if so, indicating the appeal file number;
• the place and duration of the trial in days;
• the trial court and file number as well as, where applicable, the file number of the Superior Court sitting in appeal;
• the facts and the grounds of appeal stated concisely, in a maximum of 10 pages (the designation of the parties, the confidentiality notices required by s. 9 R.C.A.Q.C.M. and the conclusions sought are excluded from the page count);
• your address and, if available, your email address; and
• the name, address and, if available, email address of the respondent and, if applicable, of the other parties and their counsel at trial.

Your notice of appeal must also include:

• either a statement mentioning that the file contains no confidential information;
• or
  • beneath the trial court file number, an express statement of confidentiality; and
  • in a paragraph, a clear indication of which aspects of the file are confidential and the legal provision or order that is the basis of the confidentiality. In the latter case, you must attach a copy of the confidentiality order. For example, this could be an order made in first instance restricting publication, broadcasting and transmission under s. 486.4 Cr.C.

Time limit for filing

You must file your notice of appeal within 30 days after the contested judgment.

However, specific statutes may prescribe a different time limit (such as an appeal of a decision of the Commission d’examen des troubles mentaux).

If the time limit has expired or you believe you will not be able to file your notice of appeal before the expiry of the time limit, you can seek an extension of the time limit for an appeal from a judge of the Court of Appeal.

Service/Notification

You do not need to serve the originating appellate pleadings, such as your notice of appeal and your application to extend the time limit to appeal. The clerk will send them to the other parties. This notification will constitute service.

Pleadings other than originating appellate pleadings must be notified, unless the Court’s rules provide otherwise or the party chooses to serve its pleadings.

Number of copies

• Notice of appeal: Four paper copies.
• Schedules: Two copies only.

Digital Office of the Court of Appeal (DOCA)

Since the notice of appeal is an originating appellate pleading (i.e., one that initiates the appeal), you can use DOCA to file your notice of appeal and, where required, your application to extend the time limit to appeal.

In such a case, you must deliver the number of paper copies required (see above) to the Court office no later than five working days after the e-filing, indicating on the paper copies the file number assigned by the system. Otherwise, the opening of the Court file may be refused.

Using DOCA, you must transmit the PDF file of your notice of appeal and of all other pleadings, briefs, memoranda and other documents filed.

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.

Unless you are exempted, when you file your notice of appeal and, where applicable, your other applications, at the counter of the Court office, you must also transmit an electronic copy in PDF format through DOCA the same day.

Guide to best practices

1. Before filing your notice of appeal, 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.

Avoid this frequent reason for refusal

Your notice of appeal exceeds the 10-page maximum.

Useful links and resources

Please read the rules for filing an appeal, including:

Sections 9, 13, 20 to 29, 50 to 59 and 61 to 65 R.C.A.Q.C.M.

Purpose

Before appealing certain judgments, you must seek and obtain leave from a judge of the Court of Appeal or from the Court of Appeal itself (panel of three judges).

When granted, an application for leave to appeal serves as the notice of appeal without further formality.

Application for leave to appeal and content of the application

Every application must include a copy of the documents necessary for its adjudication. For an application for leave to appeal, you must include a copy of the judgment you wish to appeal.

If only a handwritten version of the judgment exists (e.g., a judgment rendered on the minutes of the hearing), you must provide a typed transcription of the judgment, failing which your application may not be placed on the roll.

Your application for leave to appeal must contain the following information:

• the offence in question;
• the sentence imposed, if applicable;
• the date of the judgment on guilt and the date of the sentencing judgment, as the case may be;
• in the case of an appeal from the sentence, a statement indicating whether the judgment on guilt has been appealed and, if so, indicating the appeal file number;
• the place and duration of the trial in days;
• the trial court and file number as well as, where applicable, the file number of the Superior Court sitting in appeal;
• the facts and the grounds of appeal stated concisely, in a maximum of 10 pages (the designation of the parties, the confidentiality notices required by s. 9 R.C.A.Q.C.M. and the conclusions sought are excluded from the page count);
• your address and, if available, your email address; and
• the name, address and, if available, email address of the respondent and, if applicable, of the other parties and their counsel at trial.

Your application must also include:

• either a statement mentioning that the file contains no confidential information;
• or
  • beneath the trial court file number, an express statement of confidentiality; and
  • in a paragraph, a clear indication of which aspects of the file are confidential and the legal provision or order that is the basis of the confidentiality. In the latter case, you must attach a copy of the confidentiality order. For example, this could be an order made in first instance restricting publication, broadcasting and transmission under s. 486.4 Cr.C.; and
  • an affidavit, if required.

Examples

• Model in Criminal Matters — Application for leave to appeal from a conviction on a ground that involves questions of law
• Model in Criminal Matters — Application for leave to appeal from a sentence [Motion presentable before a judge]
• Model in Criminal Matters — Application for leave to appeal from a sentence [Motion presentable before the Court]

Time limit for filing

You must file your notice of appeal within 30 days after the judgment you wish to appeal.

However, specific statutes may prescribe a different time limit (such as an appeal from a decision of the Commission d’examen des troubles mentaux). 

If the time limit has expired or you believe you will not be able to file your application for leave to appeal before the expiry of the time limit, you can seek an extension of the time limit for an appeal from a judge of the Court of Appeal or from the Court of Appeal itself (panel of three judges).

We strongly recommend you speak with a lawyer, since the Court office will not comment on appeal deadlines.

Service/Notification

You do not need to serve the originating appellate pleadings, such as your application for leave to appeal and your application to extend the time limit for an appeal. The clerk will send them to the other parties. This notification will constitute service.

Pleadings other than originating appellate pleadings must be notified, unless the Court’s rules provide otherwise or the party chooses to serve its pleadings.

Number of copies (application and schedules)

Before a judge

Five paper copies, including two with schedules, at least five working days before the presentation date of the application.

Before the Court

Seven paper copies, including four with schedules, at least ten working days before the presentation date of the application.

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.

No reservation is required to present your application for leave to appeal before a judge.

However, if you wish to present your application for leave to appeal 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

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.

Before a judge

There must be at least five working days between the filing date and the presentation date of your application.

Monday to Friday at 9:30 a.m.

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

Before the Court

There must be at least ten working days between the filing date and the presentation date of your application.

Monday at 9:30 a.m., during the weeks when the Court is sitting.

Montreal: Pierre-Basile-Mignault Courtroom / Quebec City: Courtroom 4.33

Digital Office of the Court of Appeal (DOCA)

Since the application for leave to appeal is an originating appellate pleading (i.e., one that initiates the appeal) just like a notice of appeal, you can use DOCA to file your application for leave to appeal and, where required, your application to extend the time limit to appeal.

In such a case, you must deliver the number of paper copies required (see above) to the Court office no later than five working days after the e-filing, indicating on the paper copies the court record number assigned by the system. Otherwise, the opening of the Court file may be refused.

Using DOCA, you must transmit the PDF file of your application for leave to appeal and of all other pleadings, briefs, memoranda and other documents filed.

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.

Unless you are exempted, when you file your application for leave to appeal and, where applicable, your other applications, at the counter of the Court office, you must also transmit an electronic copy in PDF format through DOCA the same day.

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:

Before a judge

At least two working days before the presentation date of the application.

Before the Court

At least five 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 for leave to appeal, 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 presentation 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 for leave to appeal, including the judgment you wish to appeal.

Avoid this frequent reason for refusal

Your application exceeds the 10-page maximum.

Useful links and resources

Please read the rules for filing an appeal, including:

Sections 9, 13, 20 to 29, 50 to 59 and 61 to 65 R.C.A.Q.C.M.

As soon as you file your originating appellate pleading (notice of appeal or application for leave to appeal), the clerk will assign a file number in appeal.

You must indicate this file number on all your pleadings and all documents and correspondence addressed to the Court of Appeal.

Purpose

In an appeal by the prosecution, you must notify and file a written appearance, which specifies that you are appearing personally in the case and sets out all your contact information.

Notification/Filing

You must notify your written appearance to the other parties and file it:

• Appeal as of right: within 10 days of the date of service of the notice of appeal.
• Appeal with leave (i.e., permission): within 10 days of the date of the judgment granting leave to appeal or referring the application for leave to appeal to the Court.

When you file your written appearance, it must be accompanied by (i) a copy of the proof of notification to the other parties and (ii) an express statement of confidentiality (if applicable) under the file number.

Purpose

You must file the form entitled “Application for a transcript of the proceedings and the reproduction of exhibits” (SJ-980A) with the office of the trial court, whether or not the exibits are required for purposes of your appeal.

If you have the transcript prepared privately by a stenographer, you must still fill out form SJ-980A (choose the option: “Transcript requested of a stenographer mandated by the appellant”).

You must also notify the office of the trial court when the transcript has been completed by the stenographer, by filling out Appendix C of the form.

Court costs

The clerk of the trial court may require payment in advance of all or part of the transcription costs. You will not be able to take possession of the transcripts until you have paid all amounts owing.

If you are a legal aid recipient, you must indicate this in the space provided for on form SJ-980A and attach a copy of the legal aid mandate obtained for appeal purposes.

If you have not yet obtained a legal aid mandate for your appeal, we strongly recommend that you contact legal aid to take the necessary steps as soon as possible. In such as case, you may need to ask for an extension of the time limit for filing form SJ-980A.

Don’t wait before taking these steps.

Notification/Filing

You must file your application for a transcript of the trial proceedings and the reproduction of exhibits with the office of the trial court:

Appeal as of right

• Within 30 days of the filing of the notice of appeal.
• Within the same period, you must send the office of the Court of Appeal a copy of the duly completed form SJ-980A, together with (i) proof that it was filed with or transmitted to the office of the trial court and (ii) proof of its notification to the other parties.
• If you do not file this form within the prescribed time limit, the clerk of the Court of Appeal may place your case on a special roll.
• If you are unable to file form SJ-980A within the prescribed time limit, you can file an application to extend the time limit with the clerk of the Court of Appeal. Your application to extend the time limit must comply with all the requirements of the Rules of the Court of Appeal of Quebec in Criminal Matters, including being notified to the other parties and being accompanied by a notice of presentation.

Appeal with leave (i.e., permission)

• Within 30 days of the date of (i) the judgment granting leave to appeal or (ii) the judgment referring the application for leave to appeal to the Court.
• This means that if your appeal requires leave, you do not have to complete form SJ-980A before the application for leave to appeal is granted or referred to the Court by a judgment.

Notice to the clerk

The clerk of the trial court must take the necessary steps to obtain the required transcript and exhibits no later than four months after the filing of form SJ-980A.

The clerk of the trial court must inform the parties and the clerk of the Court of Appeal that the appeal file, including the exhibits, is complete. You can then take immediate possession of the file.

As soon as you receive the transcripts, you must make them available to the other parties.

Useful links and resources

Please read the applicable provisions, including:

Sections 31 and 32 R.C.A.Q.C.M.