A Few Definitions

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.