Marginal note:Waiver of oral hearing
84. (1) If the parties consent, they may request that the appeal be decided on the basis of the factums and without an oral hearing. In such a case, the Court may require the personal consent of the accused.
(2) The Clerk shall notify the parties of the date on which the appeal is taken under advisement and of the names of the judges assigned to the case.
Marginal note:Notice to appear
(3) If the panel assigned to the appeal considers that oral argument is necessary, the parties shall be informed that the case is no longer under advisement and the appeal shall be returned to the general roll.
ROLL FOR HEARING
Marginal note:Placing on the roll
85. The Clerk shall prepare the roll for hearing, observing to the extent possible the date of readiness of the cases, subject to the priorities prescribed by law or that the Chief Justice grants.
Marginal note:Case heard by preference
86. (1) A motion to have a case heard by preference shall be accompanied by a notice for which the Clerk has previously determined the date and time of presentation.
(2) After service, the motion shall be filed at the Office of the Court at least two clear juridical days before its presentation.
(3) The motion shall be presented before the Chief Justice or a Judge the Chief Justice designates.
Marginal note:Time allotted for argument
87. Under the supervision of the Chief Justice or a Judge the Chief Justice designates, the Clerk shall indicate for each case the time each party is allotted for oral argument.
Marginal note:Notice of hearing
88. At least 30 days before the opening of the session, the Clerk shall send a copy of the roll to the parties’ counsel or to any party not represented by counsel. In addition, a copy shall be posted at the Office of the Court and shall be available on the Court’s web site. Those formalities shall constitute notice of the date of hearing.
89. (1) All parties may file a book of authorities, in which the relevant excerpts are highlighted. The pages of this book may be printed on both sides.
(2) The book of authorities may be limited to relevant excerpts only, in which case the pages immediately preceding and immediately following any excerpt shall also be included, as well as the citation and the headnote, if there is one.
(3) The book of authorities may also be accompanied by a CD-ROM or other computer format containing the complete text of the authorities.
(4) The texts used in a book of authorities, whether partial or complete, must be in Word format, when that format is available.
(5) When the book of authorities contains judgments or extracts of judgments rendered by the Supreme Court of Canada, that version must be that published in the Reports of the Supreme Court of Canada, or any computer based version that has the same paragraph numbering as the version published in the Reports of the Supreme Court of Canada.
- Date modified: