The Court of Québec offers a service of facilitation conferences in criminal and penal matters for the parties in criminal and penal cases.

What is a facilitation conference in criminal and penal matters?

A facilitation conference in criminal and penal matters is a process used to achieve progress in a case by facilitating the search for the judicial solution that is most acceptable to the parties involved.

When can an application be made for a facilitation conference in criminal and penal matters?

An application for a facilitation conference can be made at any point in the judicial process, but preferably before the case is heard in court.

How does a facilitation conference work?

The conference is held behind closed doors, using flexible rules that are designed to facilitate agreement between the parties concerning the points in dispute.

Following a joint request by the attorney for each party, the coordinating judge for the region concerned designates a judge of the criminal and penal division to act as a facilitator and preside at the facilitation conference.

How much does the service cost?

The service itself is provided free of charge. However, a defendant who is not eligible for legal aid must agree with his or her attorney on how much the attorney will be paid for attending.

How and when does the facilitation conference end?

If the conference leads to a judicial solution to at least one of the points in dispute, including the determination of the sentence, the agreement is then submitted to the judge who presided at the conference if the parties so request or to another judge.

If the facilitation conference does not lead to an agreement on at least one of the points in dispute, the judge who presided at the conference cannot hear the case in court. The case is heard by another judge, who cannot be told, without the consent of both parties, that a conference has taken place.

The parties ans their attorneys, as well as the judge who acts as a facilitator, undertake to respect the confidentiality of any information disclosed during the conference.

How to request a facilitation conference?

To obtain a facilitation conference, the attorney for one party must contact the attorney for the other party. Together, they must present a joint request to the coordinating judge for the district where the file originates, using the form Joint Request for a Facilitation Conference in Criminal and Penal Matters , also available on the Court of Québec website, in the Facilitation Conference in Criminal and Penal Matters section.

 

Operating rules

The Criminal and Penal Division of the Court of Québec offers facilitation conferences in criminal and penal matters in all judicial districts.

1. DEFINITION

A facilitation conference in a criminal and penal matter is a process that promotes the progress of a case by facilitating the search for a legal solution that best meets the needs of the parties involved.

2. TERMS OF ACCESS

The parties represented by counsel can ask the coordinating judge in the region where the request is made, or a judge designated by the coordinating judge, to hold a penal facilitation conference and must, to that end, sign the form entitled Joint Request for a Facilitation Conference in Criminal and Penal Matters .

3. CONFIDENTIALITY

a) The conference is held behind closed doors.

b) Only the attorneys participate, unless, with the parties' consent, another person is authorized by the judge to participate.

c) The attorneys undertake in writing to maintain the confidentiality of the discussions.

d) The other people authorized to participate in the conference must also sign the confidentiality agreement, thereby undertaking to maintain the confidentiality of the discussions.

e) The discussions during a facilitation conference are not recorded.

4. OTHER CHARACTERISTICS

a) The presiding judge does not wear a robe.

b) The judge ensures that the conference takes place in a friendly atmosphere conducive to discussions.

c) At the start of the meeting, the presiding judge explains to the parties the process and the established rules, including those they determine together.

d) The presiding judge can meet with the parties separately if they agree to that.

e) If a solution is not found during the conference, the presiding judge cannot then participate in hearing the case.

f) However, with the parties' consent, the judge can convert the facilitation conference into a preparatory conference. The admissions and identification of the issues in dispute are then recorded in minutes signed by the parties and their attorneys.

g) The trial judge is not informed that a penal facilitation conference was held prior the trial.

h) If the attorneys wish to settle the case, another judge hears the arguments, unless, at the attorneys' requests, the judge who held the conference is convinced he or she should hear it.