What happens in court, by area of law

Going before a court when you have never done it is, first and foremost, not knowing “what is going to happen.” Here, in plain language, are the main steps by type of case, the role of testimony and the possible outcomes. This is a general picture: every case has its own rules, deadlines and exceptions.

Family · custody, support, access

Before: Court of Québec (Family Division) or Superior Court.

Custody, support and access issues are often settled by agreement; failing that, a judge decides after a hearing.

1. Originating application. One party files its application; the other is served and responds.
2. Provisional measures (sometimes). Temporary orders can govern custody or support while the judgment is pending.
3. Family mediation. Sessions (often free) to try to reach an agreement on custody and support.
4. Settlement conference / case management. A judge helps the parties agree; otherwise, the case is made ready for the hearing.
5. Hearing. Each party presents its evidence and its witnesses; there are cross-examinations.
6. Judgment. The decision, with reasons, delivered from the bench or in writing.

Afterward: a custody or support judgment can be reviewed if the situation changes significantly; an appeal is possible within the applicable time limits.

Sources: Justice Québec · JuridiQC.

Housing · Tribunal administratif du logement (TAL)

Before: Tribunal administratif du logement (TAL).

Disputes between tenant and landlord (rent, repairs, repossession, termination) are decided by the TAL.

1. Filing the application. At the TAL, with the supporting exhibits.
2. Notice of hearing. The date and time are sent to the parties.
3. Hearing. Informal but under oath: each party testifies and files its evidence.
4. Decision. Often delivered in writing, a few weeks later.

Afterward: depending on the case: retraction (justified absence), review, or leave to appeal to the Court of Québec in the matters and time limits provided.

Source: Tribunal administratif du logement.

Work · CNESST, then TAT

Before: CNESST, then Tribunal administratif du travail (TAT).

For an employment injury, you first contest with the CNESST, then, if needed, at the TAT.

1. CNESST decision. The initial decision on your file.
2. Request for review. To the CNESST’s Administrative Review branch, within the time limit stated on the decision.
3. Decision on review. The CNESST re-examines and issues a new decision.
4. Contestation at the TAT. Within the time limit provided; conciliation is offered to try to reach an agreement.
5. Hearing at the TAT. Evidence, witnesses and medical expert reports, where applicable.
6. TAT decision. Generally final.

Sources: Tribunal administratif du travail · CNESST.

Criminal · charge, trial, sentence

Before: Court of Québec (Criminal and Penal Division) or Superior Court.

A criminal charge follows precise steps. Given the consequences (including a criminal record), consult a criminal defence lawyer or legal aid.

1. First appearance. You are informed of the charges laid against you.
2. Release. With or without conditions (release), or detention pending trial.
3. Disclosure of the evidence. The prosecution (DPCP) must hand over its evidence to you.
4. Plea and mode of trial. Guilty or not guilty; for certain indictable offences, a choice of the mode of trial (judge alone or jury) and sometimes a preliminary inquiry.
5. Trial. The prosecution must prove its case beyond a reasonable doubt; witnesses and cross-examinations.
6. Verdict. Acquittal or a finding of guilt.
7. Sentencing (if found guilty). Submissions from both parties, then the sentence.

The possible outcomes:

• Acquitted: no finding of guilt.
• Discharge (s. 730), absolute or conditional: you are not found guilty · so no criminal record (the discharge is removed from the files after the prescribed period).
• Found guilty: the sentence can be a fine, probation, community work, imprisonment… and a criminal record. A record suspension can sometimes be applied for later.

Sources: Criminal Code · DPCP · Éducaloi.

→ Preparing to meet your defence lawyer

Immigration · IRCC, CISR, Federal Court

Before: IRCC / CISR (Immigration and Refugee Board) / Federal Court.

Immigration cases fall under federal jurisdiction. It is complex and high-stakes · working with an immigration lawyer or a regulated consultant (RCIC) is strongly recommended.

1. IRCC application or decision. You file an application, or you receive a decision (for example, a refusal).
2. Recourse depending on the case. Depending on the matter: a hearing or an appeal at the CISR (refugee protection, refugee appeals, immigration, immigration appeals), or or an application for leave and judicial review at the Federal Court.
3. Preparation and disclosure. Forms, evidence and statements to be submitted according to the rules.
4. Hearing. Before the body that has jurisdiction; testimony is often required.
5. Decision. Issued by the body seized of the case.

Sources: IRCC · CISR.

→ Immigration: recourses and the hearing, in plain language

Statement of offence · contesting it

Before: Municipal Court or Court of Québec.

Contesting a statement of offence leads to a trial if you plead not guilty.

1. Plea. Guilty or not guilty (avoid a trial by default).
2. Disclosure. On request, the prosecution hands over its evidence (report, officer’s notes).
3. Trial. The officer and you testify; the prosecution must prove the offence.
4. Decision. Acquittal or guilt.

Afterward: if found guilty, a fine and, where applicable, demerit points (SAAQ); an appeal is possible in certain cases and within certain time limits.

Sources: Justice Québec · SAAQ.

Small claims

Before: Small Claims Division (Court of Québec).

In small claims, you represent yourself, without a lawyer, under simplified rules.

1. Demand letter. A dated letter claiming compensation, with a deadline to respond.
2. Filing the application. If there is no settlement, with the exhibits (a maximum amount applies).
3. Mediation. Offered free of charge to try to reach an agreement.
4. Hearing. The judge hears both parties, under simplified rules.
5. Judgment. The decision, often final (no appeal).

Source: Justice Québec · small claims.

Testifying well (all areas)

Testifying often worries people more than anything else. A few simple guideposts that apply everywhere:

• Say what you saw or experienced yourself, as facts · not what you assume.
• Answer the question asked, then stop. “I don’t know” or “I don’t remember” are honest answers.
• Rely on your case file: dates, numbered exhibits, timeline.
• Stay calm and respectful, even if you are provoked. Speak to the judge, not to the other party.
• Prepare in advance the 3 or 4 facts you absolutely want to say.