C-25.01, r. 9 - Regulation of the Court of Québec

Full text
37. Minutes of hearing. The clerk draws up the minutes of the hearing using the form prescribed for that purpose, on which the clerk enters:
(1)  in all matters,
(a)  the record number;
(b)  the names of the parties;
(c)  the presence or absence of any party;
(d)  the names of the lawyers or notaries, their permanent court number in the case of lawyers, and the party they are representing or, if applicable, the fact that a party has declined to be represented;
(e)  the name of the judge presiding over the hearing;
(f)  the names of the clerk and stenographer, if any;
(g)  the courtroom number, the date and time of the beginning and end of the hearing and the tape position numbers;
(h)  the names of the interpreters;
(i)  the names and addresses of the witnesses, and the name of the party calling them to testify;
(j)  the code and description of all the exhibits produced;
(k)  any admissions;
(l)  objections to evidence;
(m)  the grounds for any decision made on an application for postponement;
(n)  the conclusions of any judgment, decision or measures rendered at the hearing by the judge;
(o)  the different stages of the proceedings with the time and, if applicable, the tape position numbers;
(2)  in the Civil Division, the minutes must also indicate the nature of the case and the amount of the claim, if any;
(3)  in the Criminal and Penal Division, the following information must also be entered:
(a)  in addition to the conclusions of any decision or order rendered at the hearing by the judge, the sentence imposed by the judge;
(b)  any waiver of language rights and the notice concerning language rights;
(4)  in the Youth Division, the minutes of a protection case must also indicate:
(a)  the child’s date of birth;
(b)  a reference to the section of the Youth Protection Act (chapter P-34.1) on which the case is based, and the nature of the case;
(5)  in the Youth Division, the minutes of a youth criminal justice case must also indicate:
(a)  the young person’s date of birth;
(b)  a reference to the statute containing the offence the young person is alleged to have committed;
(c)  a decision by the young person not to be represented, or the counsel appointed for a young person and the filing of a document of appointment;
(d)  the fact that the information or indictment was read or, where applicable, the fact that the represented young person waived the right to a reading;
(e)  the explanations prescribed by law concerning the possibility that the young person will be sentenced to an adult sentence or, where applicable, a statement by the young person’s lawyer that the explanation has been provided;
(f)  the reading of the text prescribed by law concerning the mode of trial, when the option is offered;
(g)  the young person’s election concerning the mode of trial;
(h)  the fact that the prosecutor or young person has requested the holding of a preliminary inquiry;
(i)  a statement as to whether or not an application for an adult sentence has been received;
(j)  a statement as to whether or not the prosecutor has waived the option of applying for an adult sentence;
(k)  the name and quality of a person who consults and, if applicable, the exhibits and pleadings of which the person receives a copy; on request, the clerk issues a certified copy;
(l)  a waiver of language rights and the notice on language rights.
O.C. 1099-2015, s. 37.