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Adjournment: adjourning a trial means postponing the
hearing to a later date.
Adjournment sine die: means postponing a trial to an
undetermined date.
Certificate of selection: Certificate issued by the
Ministre des Relations avec les citoyens et de l'Immigration to a foreign
national wishing to settle permanently in Québec, if this person
meets the selection conditions or criteria determined by regulation.
Certificate of acceptance: Certificate issued by the
Ministre des Relations avec les citoyens et de l'Immigration to a foreign
national seeking temporary entry in Québec for the purpose of working,
studying or receiving medical treatment, provided this person meets the
conditions and criteria determined by regulation.
Evidence: What serves to establish the veracity of an
act or a thing or the accuracy of an allegation or fact.
Executory: Quality allowing a decision to be implemented
by legal process.
Hearing: Sitting during which the Tribunal hears the
evidence submitted by the parties as well as their oral arguments.
Instance: A succession of civil processes beginning
with the filing of proceedings to the final decision of the Tribunal.
Management
conference: Procedure by which the Tribunal may, automatically
or at the request of one of the parties, summon the parties to a conference
to determine a schedule for the proceedings or to decide on certain means
for simplifying or accelerating such proceedings, or summon the parties
to a conciliation session.
Notification of the decision: Action by which a decision
is brought to a party’s attention.
Oral arguments: Presentation of a party’s allegations
for the purpose of convincing the Tribunal of their validity.
Order
of unconditional discharge: Decision that a Commission d'examen
des troubles mentaux (Review Board) may render when an accused has been
found not criminally responsible on account of mental disorder, resulting
in the unconditional discharge of the accused when the Commission deems
that the person does not pose a significant threat to public safety.
Pre-hearing
conference: Procedure by which the parties can be summoned
by the Tribunal before the hearing takes place to discuss means of simplifying
or accelerating the proceedings.
Ratify: In the case of an agreement reached following
a conciliation session held by a Tribunal staff member, have this agreement
approved by the Tribunal so that it may produce the same effects as a
Tribunal decision.
Real estate assessment roll: Registry in which the value
of a municipality’s immovables is entered and which determines the
taxes to be paid by all registered persons.
Recess: brief break in a trial following
a decision by the Tribunal or at the request of a party.
Reserved judgement: Step in the proceeding following
the hearing, during which the Tribunal reflects on the decision to be
rendered.
Roll call: Procedure by which, in certain cases, the
Tribunal calls the parties or their solicitors to take part in a conference
call or a meeting to discuss elements specific to the status of the case,
or to set a date and place for a hearing, a preparatory conference or
a conciliation meeting.
Roll of rental values: Registry in which rental values
are entered, notably the rental value of each business establishment (place
of business) of a municipality.
Subpoena: order from the Tribunal instructing an individual
to appear before the Tribunal at a specific date, time and place to testify
about what he knows and/or produce a document.
Trial minutes: document relating what goes on during
the course of a hearing before the Tribunal.
Unfit to stand trial: Inability for the accused, as
a result of mental disorder, to assume his or her own defence or to instruct
a lawyer to that effect at any stage of the proceedings before the verdict
is rendered, especially an inability to:
a) understand the nature or the subject of the proceedings
b) understand the possible consequences of the proceedings
c) communicate with his or her lawyer
Verdict of not criminally responsible on account of mental disorder:
Verdict which means that the accused has committed the act or omission
that led to the charge but that he was mentally impaired so that there
is no criminal responsibility involved.
Withdrawal: An act by which the applicant or the applicant’s
representative gives up the right to exercise the remedy he or she has
brought before the Tribunal.
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