What is Facilitation Conference in Criminal Matters?
Facilitation conferences in criminal and penal matters allow parties to a penal or criminal appeal to jointly and voluntarily seek the intervention of a judge to help them find a judicial solution that is mutually acceptable to them and that is approved by the Court in order to put an end to the appeal.
When and how does a Facilitation Conference end?
If the conference results in a judicial solution to the dispute, the proposed agreement is submitted to a panel of three judges of the Court. If the panel accepts the proposal, it renders a judgment indicating that a facilitation session in criminal matters was held (all other elements of the file remain confidential) and specifying the outcome accepted by the parties, as well as the reasons why the Court is adopting the outcome.
Confidentiality is essential to facilitation conferences in criminal matters, and the parties must agree that all discussions held within the scope of the conference will remain completely confidential. Confidentiality continues after the process is complete. If the process is unsuccessful, the appeal will proceed as usual and the judge who presided over the facilitation conference will not form part of the panel hearing the appeal.
How can a Facilitation Conference be requested?
The request is made by filing the form entitled “Joint application for facilitation in a criminal matter” with the Office of the Court. The form must be duly completed and signed by counsel for both parties and be accompanied by the required documents listed in the practice direction annexed to the form.
Form to Joint Application for Facilitation Conference in Criminal Matters
(Form updated on March 11, 2024)
For more information, contact the offices of the Court of Appeal (see section: Contact Us).