File:Backside of La Cour D'Appel du Québec, Vieux-Montréal, Montreal, Quebec (29954633632).jpg

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The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: la Cour d'appel du Québec) is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal.

The Court was created on May 30, 1849, as the Court of Queen's Bench (Cour du Banc de la Reine in French). The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974 it was officially renamed the Quebec Court of Appeal.

Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the Superior Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Civil cases usually must have at least $50,000 in dispute to be heard. The Court of Appeal will overrule a lower court decision if it is "incorrect" on a question of law or "patently unreasonable" on an important factual finding. The Court of Appeal almost never hears witnesses, and lawyers' oral and written submissions are kept to strict maximum lengths. A normal case will take several months from filing of an appeal to a decision by the Court of Appeal, but the Court may hear a case within hours or days in an emergency.

Appeals of Court of Appeal decisions are heard before the Supreme Court of Canada, which is located in the federal capital of Ottawa, Ontario, but only if leave to appeal is granted either by the Supreme Court of Canada or by the Court of Appeal.

The ability of the Supreme Court of Canada, which has six of its nine justices from common law provinces and only three from the civil law province of Quebec, to overrule the Court of Appeal of Quebec has occasionally been raised as a political issue by Quebec nationalists who worry that it erodes Quebec's distinctive legal culture. In practice, issues of civil law are heard at the Supreme Court by its three Quebec members plus two of its common law members.

Perhaps the most significant decision of the Court of Appeal was Morgentaler v R (1974), in which the Court of Appeal overturned a jury decision acquitting Montreal Doctor Henry Morgentaler of performing an abortion, despite Morgentaler publicly admitting that he had done so. This was the first time in Canada that a jury acquittal had been replaced by a conviction, on appeal, rather than a new trial being ordered. The Court of Appeal was overturned by the Supreme Court of Canada in 1975. Subsequently, Parliament amended the Criminal Code removing the ability of provincial courts of appeal to substitute jury acquittals with convictions.

As a "Superior Court" under section 96 of the Constitution Act, 1867, Court of Appeal judges are appointed by the Governor-General of Canada on the advice of the Prime Minister of Canada (in practical terms the advice is always followed). Appointees must be members of the Quebec Bar, but need not have had previous experience as a judge. However, appointees almost always have some experience as a judge, usually on the Superior Court of Quebec. The quorum of the Court of Appeal of Quebec is three judges.

Originally, the Court had four judges, including the Chief Justice. It is currently constituted of 20 judges, including the Chief Justice. By statute, thirteen of the judges must reside in Montreal, while seven must reside in Quebec City.

<a href="https://en.wikipedia.org/wiki/Quebec_Court_of_Appeal" rel="noreferrer nofollow">en.wikipedia.org/wiki/Quebec_Court_of_Appeal</a>

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Source Backside of La Cour D'Appel du Québec, Vieux-Montréal, Montreal, Quebec
Author Ken Lund from Reno, Nevada, USA
Camera location45° 30′ 25.04″ N, 73° 33′ 10.28″ W Kartographer map based on OpenStreetMap.View this and other nearby images on: OpenStreetMapinfo

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This image was originally posted to Flickr by Ken Lund at https://flickr.com/photos/75683070@N00/29954633632. It was reviewed on 20 March 2024 by FlickreviewR 2 and was confirmed to be licensed under the terms of the cc-by-sa-2.0.

20 March 2024

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