Municipal Court
Jurisdiction of the Municipal Court
The Ste-Adèle Municipal Court has jurisdiction over Morin-Heights. Judges hear cases on the following subjects:
- Infractions to Municipal by-laws within the MRC des Pays-d’en-Haut regarding:
- parking and traffic
- fire prevention
- Town planning by-law
- maintenance of buildings
- public health, cleanliness and nuisances
- maintenance of public spaces, order, tranquillity, etc.
Infractions to Provincial laws regarding: - Highway Safety Code
Criminal procedures: you have received a fine
A fine is a legal document which, when signified, initiates a criminal procedure. The process starts at the time the infraction is served.
Plea
You are obliged to register a plea, guilty or not guilty, within 30 days following the date you were served, as indicated on the fine or on the papers served by the Bailiff.
If the defendant is a corporation or an association, a signature from one of the administrators or directors is required. The signing officer must mention his or her title.
Payment; guilty plea without payment or guilty plea with partial payment
When a defendant pays or submits a guilty plea, he or she is considered having declared themselves guilty of committing the infraction. In the case of a Highway Code infraction, the demerit points prescribed are recorded in his or her driver’s file. The demerit points written on the infraction are there just as an indication. The demerit points in a driver’s file are under the responsibility of the Société d’assurance automobile du Québec.
If no amount is paid with the filing of a guilty plea or if the amount remitted is not the full amount due including costs, these additional costs will be added.
The payment can be mailed to the address indicated on the fine.
Not submitting a plea or paying the fine
The defendant who does not submit a plea or the full amount of the fine and costs could be judge by default, without further notice while he or she is absent. Additional costs will be added to the original amount.
A not guilty plea
You can submit a not guilty plea for an infraction and return the form to the address as indicated on the fine, within 30 days of being served. The Court clerk will advise you at a later date, of the date and time fixed for the trial.
Change of plea
As per Article 166.2 of Code of Criminal Procedure, you can change your plea from not guilty to guilty, in which case, you have the obligation to advise the Court in writing.
Hearing, proof and testimonials
You must show up at the Municipal Court at the date and time indicated on the hearing notice. At the hearing, please bring the fine as well as any other or all documents you which to submit a proof.
During the hearing, you must respect the following rules:
- Maintain a respectful behaviour use « Mr. judge » or « Madame judge » when addressing the tribunal. Always rise when you are talking to the judge, lawyers, clerks, witnesses
- Court access is refused to :
- individuals with camera or recording device
- individuals wearing a hat or a cap, etc.
- individuals wearing, among other things; an open blouse or shirt, a tank top, Bermuda shorts; shorts or bathing suit, sun glasses
- Anyone doing the following can be thrown out of court:
- smoking, chewing or drinking
- talking, reading or writing
- adopting a relaxed posture (for ex.: elbows on the back of the chair, arms behind the head, etc.)
Judgment
A defendant found guilty of an infraction has 30 days from the date of the judgment to pay the fine and fees as imposed by the Court, unless the Judge has granted the defendant a different time limit.
Collection
Payment agreement
A defendant who cannot pay the fine in the prescribed delay can make an appointment with the fine collector in the prescribed time limit to pay the fine and the costs. The fine collector will analyse the financial situation to reach an agreement.
If this agreement is not respected and the payment is not made, you must advise the fine collector to avoid the cancellation of the agreement and the suspension of your driver’s licence.
Enforcement of a judgment
Driver’s licence suspension
Your driver’s licence was suspended by the Société de l’assurance automobile du Québec or is going to become suspended due to the non payment of a fine.
You must pay the sums duly owed to the Municipal Court by certified cheque, bank draft, money order, cash or debit card to lift the suspension or avoid its enforcement.
If you conclude an agreement of payment with the fine collector regarding a fine affecting your driver’s licence, the suspension will only be lifted from the moment the full amount due is paid.
Enforcement of an order to offender
If an order to offender was executed against you, you must meet with the fine collector at the date and time as agreed at the time of the encumbrance with the police officer, with a proof of revenue, to conclude an arrangement for payment.
You can at all times be relieved by paying the entire amount due to the Municipal Court, in cash, by certified cheque, money order, bank draft or debit card.
Notice of seizure and enforcement process (seizure)
You have received a notice of seizure for a judgment pronounced against you.
You must without further delay make an appointment with the fine collector to make arrangements for the payment. You will avoid the issuance of an enforcement of seizure being given to a bailiff and additional costs. Once the enforcement is issued and given to a bailiff, only he can collect your payment.
Community work
When you receive an offer to do community work, you must make an appointment with the fine clerk and bring along all the requested documents.
Once the fine clerk has granted you the option to do community work, you’ll have 3 working days to make an appointment with the community Help Service in your region so that work can be assigned to you. You have to contact the community organization. Their phone number will be written on the form for compensatory work assignment.
Compensatory work must be completed within 12 months following the signature of the engagement with the fine clerk.
The defendant can pay in full or in part the amounts due at all times even after starting to do community work. In which case, the amount due is then reduced according to the dispositions of the Penal Code.