C-25, r. 4 - Regulation of the Court of Québec

Section 96 Disposition versions

2012-09-01

96. A pre-hearing conference provided for in section 625.1 (1) of the Criminal Code (R.S.C. 1985, c. C-46) shall be held at the date, time and place set by the judge.

The judge presiding over the pre-hearing conference may inquire about, among other things:

(1)  compliance with obligations in matters of communication of the evidence;

(2)  preliminary questions by the prosecutor;

(3)  preliminary questions by the defence;

(4)  whether the accused is fit to stand trial;

(5)  the admissibility of the evidence, including any question on:

(a)  the out-of-court statement:

— the common law voir-dire;

— voir-dire under the Canadian Charter of Rights and Freedoms;

(b)  the contestations of the searches;

(c)  the contestations as to evidence based on interception of private communications;

(d)  the contestations as to audio or video evidence other than in matters of electronic surveillance;

(e)  the application to reveal the identity of a coded informant;

(f)  another application to exempt evidence under the Canadian Charter of Rights and Freedoms;

(g)  the admissibility of hearsay evidence;

(h)  the admissibility of prior testimony in order to prove the content thereof;

(i)  guilty mind;

(j)  evidence of similar facts;

(k)  the testimony of a child;

(l)  the use of prior testimony or evidence taken by commission;

(m)  solicitor-client privilege;

(n)  evidence of prior sexual behaviour;

(o)  any other question;

(6)  admissions, including any question on:

(a)  the chain of possession of exhibits;

(b)  the identity of the accused;

(c)  any other admission;

(7)  expert opinions by:

(a)  the prosecution;

(b)  the defence;

(8)  the probable duration of the preliminary inquiry or the trial.

O.C. 673-2003, s. 96.