Your trial can take place via video conference on the Teams platform. To join the court from a computer, tablet or mobile device, click on the following link. You can download the application or use the platform directly in your web browser.
Please notify the court of your intention to proceed by Teams by sending a message to cour@ville.rosemere.qc.ca. However, you will need to allow approximately 30 minutes of availability from the time of the summons in order for the court to grant you access to the courtroom.
VIDEOS (IN FRENCH)
THE PROSECUTION'S EVIDENCE
a) First, the Prosecution will call, to testify, whatever number of witnesses that it considers necessary in order to submit to the Court the facts that may establish your guilt.
b) When the Prosecution completes the examination of a witness, you may then, if you wish, ask that witness questions (this is called cross-examination). At that point, you must not give your version of the facts during this cross-examination.
c) The purpose of your questions to the Prosecution's witnesses is to verify the reliability, accuracy or truthfulness of their testimony and to bring out any contradictions or new facts that may assist your defence.
d) Once the Prosecution has called all its witnesses and filed all the documents that it intends to use as evidence, you may then present your own evidence (your defence).
YOUR EVIDENCE
a) You may then testify, call your witnesses and produce documents, if you wish.
b) You are not required to present a defence or testify. However, if you choose to do so, you will be able to have your witnesses testify and you will be able to testify yourself and give the judge your version of the facts. If you or your witnesses testify, the Prosecution may ask questions to try to weaken your credibility or that of your witnesses. If you do not testify, the Prosecution will not be able to question you or your witnesses.
c) Of course, if you do not testify and do not have any witnesses testify either, the judge will have only the evidence of the Prosecution to reach his decision.
d) You may choose the order in which you want your witnesses to testify. If you choose to testify yourself, you may do so before or after your witnesses.
ARGUMENTS
a) Once all the evidence has been heard, you and the Prosecution may each present your arguments (plead) and summarize the important points of the evidence.
b) In your arguments (your pleading), you may point out to the judge the pieces of evidence that support your claim that you are not guilty. You must not repeat your testimony or supplement the testimony of your witnesses.
POINTS TO REMEMBER
a) You are presumed to be innocent, and the burden of proof rests on the Prosecution, which has the burden of proving, beyond a reasonable doubt, that you have committed the offence charged.
b) When the evidence is completed, the judge must consider only the evidence presented to him in order to decide whether the Prosecution has proved, beyond a reasonable doubt, that you committed the offence.
c) The credibility of the witnesses is one of the important aspects that the judge must take into consideration. For this reason, the examination of your witnesses and the cross-examination of the Prosecution's witnesses are very important. You may use any written or verbal statement made by a Prosecution witness to contradict the version that he or she gives during his or her testimony during the trial.
d) You may object to any question asked to a witness by the Prosecution, on the basis that the question is not relevant or is illegal.
e) At any time, you have the right to ask the judge for instructions to help you present your case effectively, but he cannot advise you as effectively as a lawyer could, as he must remain neutral.
f) If the Prosecution's evidence is strong enough, you may be found guilty, even if you consider that you are not.
g) If the evidence is insufficient, the complaint will be dismissed and the file closed.
h) If you are found guilty, you may then address the judge to express your views on what the appropriate sentence should be. You may also call witnesses to testify on this issue, if you consider it necessary. The Prosecution will also be able to make suggestions in this regard. At that point, you must not question the conviction (the guilty verdict).
i) Only the judge decides on the appropriate sentence. He is never bound by the parties' common recommendations or suggestions.
j) The Court encourages an atmosphere of serenity and politeness towards everyone, throughout the trial. Lawyers and witnesses must therefore speak to one another respectfully, addressing each another as "vous", if speaking in French.