Saskatchewan Review of Parole Ineligibility Rules (SOR/2005-99)

Regulations are current to 2017-11-20

Saskatchewan Review of Parole Ineligibility Rules

SOR/2005-99

CRIMINAL CODE

Registration 2005-04-06

Saskatchewan Review of Parole Ineligibility Rules

The Chief Justice of the Court of Queen’s Bench for Saskatchewan, pursuant to subsection 745.64(1)Footnote a of the Criminal Code, hereby makes the annexed Saskatchewan Review of Parole Ineligibility Rules.

Regina, Saskatchewan, March 31, 2005

The Honourable W.F. Gerein
Chief Justice of the Court of Queen’s Bench for Saskatchewan

Interpretation

 The following definitions apply in these Rules.

Act

Act means the Criminal Code. (Loi)

applicant

applicant means a person who makes an application and includes, according to the context, counsel acting for that person. (requérant)

application

application means an application for a reduction of the number of years of imprisonment without eligibility for parole made pursuant to subsection 745.6(1) of the Act. (demande)

Attorney General

Attorney General means the Attorney General of Saskatchewan and includes counsel acting for the Attorney General. (procureur général)

Chief Justice

Chief Justice means the Chief Justice of the Court of Queen’s Bench for Saskatchewan and includes, according to the context, a judge designated pursuant to subsection 745.61(1) of the Act to determine whether there is a reasonable prospect that an application will succeed. (juge en chef)

judge

judge means a judge of the Court of Queen’s Bench for Saskatchewan. (juge)

local registrar

local registrar means a local registrar of the Court of Queen’s Bench for Saskatchewan. (greffier local)

presiding judge

presiding judge means the judge designated by the Chief Justice pursuant to subsection 745.61(5) of the Act to empanel a jury. (juge qui préside)

Application

  •  (1) An application shall be in writing in Form A set out in the schedule and shall contain a statement of

    • (a) the applicant’s given names and surname, any other names that the applicant may have used and the date of birth of the applicant;

    • (b) the name and location of the institution in which the applicant is detained;

    • (c) the offence that is the subject of the application, the sentence imposed, the dates of conviction, sentencing and imprisonment and the place of the trial;

    • (d) the number of years of imprisonment without eligibility for parole imposed on the applicant;

    • (e) the length of time served by the applicant for the offence that is the subject of the application;

    • (f) the name and location of each institution in which the applicant has been detained since the date of the arrest for the offence that is the subject of the application and the date of entry into each of those institutions;

    • (g) the applicant’s criminal record;

    • (h) the reasons to be relied on in support of the application;

    • (i) an outline of the evidence that the applicant intends to rely on in support of the application; and

    • (j) the applicant’s address for service and the name of applicant’s counsel, if any.

  • (2) An application shall be supported by an affidavit of the applicant in Form B set out in the schedule.

Service and Filing of Application

  •  (1) The application and supporting affidavit shall be filed with a local registrar.

  • (2) On receipt of an application, the local registrar shall serve a copy of it on, or cause a copy of it to be served on,

    • (a) the Solicitor General of Canada;

    • (b) the Attorney General; and

    • (c) the officer in charge of the institution in which the applicant is detained.

  • (3) Service of an application may be effected by registered mail, in which case it is deemed to have been effected on the tenth day after the day on which the application was mailed.

  • (4) Proof of service of an application may be established by filing with the local registrar an affidavit of the person who effected the service or by any other means satisfactory to the Chief Justice.

  • (5) On receipt by the local registrar of proof of service of the application in accordance with subrule (4), the local registrar shall deliver the application accompanied by the proof of service to the Chief Justice.

  • (6) Where written materials are filed with the local registrar for a determination of whether there is a reasonable prospect that the application will succeed, the local registrar shall forward a copy of those materials to the parties.

Judicial Screening

  •  (1) The Chief Justice may hear oral argument on a determination of whether there is a reasonable prospect that the application will succeed.

  • (2) Where the Chief Justice determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice shall designate a judge under subsection 745.61(5) of the Act to empanel a jury.

  • (3) The designation of that presiding judge shall be in writing and shall be filed with the local registrar.

  • (4) All materials filed in relation to the application shall be forwarded to that presiding judge.

Notice of Preliminary Conference

  •  (1) On receipt of the application, the presiding judge shall determine the date and place of the preliminary conference to be held in connection with the application.

  • (2) The local registrar for the place where the preliminary conference is to be held shall notify the following of the date and place of the preliminary conference:

    • (a) the applicant;

    • (b) the Solicitor General of Canada; and

    • (c) the Attorney General;

    • (d) the officer in charge of the institution in which the applicant is detained.

  • (3) The presiding judge may order the Attorney General to take steps to ensure that the applicant be present on the day and at the place determined for the preliminary conference.

Reference to Chief Justice

  •  (1) If the presiding judge considers that subsection 745.6(1) of the Act does not apply to an applicant, the presiding judge shall

    • (a) refer the application back to the Chief Justice; and

    • (b) adjourn the preliminary conference, or the hearing referred to in rule 10, pending a determination by the Chief Justice.

  • (2) If, on a reference pursuant to subrule (1), the Chief Justice determines that subsection 745.6(1) of the Act does not apply to an applicant, the Chief Justice shall dismiss the application.

  • (3) If a jury has been empanelled but the application is dismissed, the presiding judge shall discharge the jury.

Disclosure

 Each party is under a continuing obligation to make full and timely disclosure to the other party of all the evidence on which that party intends to rely at the hearing of the application, including

  • (a) the identity of all proposed witnesses;

  • (b) a witness statement or, where a witness statement is not available, a written summary of the anticipated evidence of each proposed witness;

  • (c) how the evidence of each proposed witness is intended to be presented, whether by oral testimony, written affidavit or otherwise;

  • (d) a copy of each document to which any witness intends to refer;

  • (e) a summary of the qualifications of any expert witness;

  • (f) any expert reports to be produced; and

  • (g) any other evidence on which that party intends to rely at the hearing of the application.

Conduct of Preliminary Conference

  •  (1) Preliminary motions or applications intended to be brought by any party may be brought as part of the preliminary conference.

  • (2) At a preliminary conference, the applicant and the Attorney General shall inform the presiding judge of any evidence that they intend to present and of the manner in which they propose to present it.

  • (3) At a preliminary conference, the presiding judge may make any orders and give any directions necessary for the fair and expeditious hearing of the application.

  • (4) The presiding judge may adjourn a preliminary conference as the judge considers appropriate in the interest of justice and resume the preliminary conference on a date and at a place determined by the presiding judge.

  • (5) At a preliminary conference, the presiding judge shall determine the date and place for the hearing of the application.

Parole Eligibility Report

  •  (1) At a preliminary conference, the presiding judge shall order that a parole eligibility report be prepared in respect of the applicant with regard to the criteria set out in paragraphs 745.63(1)(a) to (e) of the Act.

  • (2) A parole eligibility report shall be prepared by a person designated by the Solicitor General of Canada and shall contain

    • (a) a summary of the applicant’s social and family background;

    • (b) a summary of the applicant’s classification and discipline evaluations;

    • (c) a summary of the regular reports on the applicant’s conduct;

    • (d) a summary of any psychological and psychiatric assessments that have been made of the applicant;

    • (e) any other information relevant to a complete description of the applicant’s character and conduct; and

    • (f) any other information relevant to the issue of the parole eligibility of the applicant.

  • (3) The parole eligibility report shall be filed without delay after its completion with the local registrar for the place where the preliminary conference is held.

  • (4) On receipt of the parole eligibility report, the local registrar shall deliver a copy of it to the presiding judge, the applicant and the Attorney General.

  • (5) On receipt of the parole eligibility report, the presiding judge shall

    • (a) set a date for the resumption of the preliminary conference; and

    • (b) direct the local registrar to notify the applicant and the Attorney General of the date set.

  • (6) The presiding judge may require the author of the parole eligibility report to attend the preliminary conference in order to clarify the report.

  • (7) The presiding judge at a preliminary conference may decide what parts of the parole eligibility report are to be submitted to the jury.

The Hearing of the Application

  •  (1) The hearing of the application shall be conducted and the jury shall be empanelled in accordance with Part XX of the Act, with the modification set out in subrule (2) and any other modifications that the circumstances require.

  • (2) At the hearing of the application, the applicant and the Attorney General are entitled to the same number of peremptory challenges as they would be entitled to if the applicant were being tried for the offence that is the subject of the application.

  • (3) Before either party presents evidence, the parole eligibility report shall be marked as a court exhibit and distributed to the jury.

  • (4) Where the presiding judge orders that the author of the parole eligibility report be called as a witness at the hearing of the application, the author

    • (a) is subject to cross-examination by any party; and

    • (b) is deemed not to be a witness of any party.

  • (5) The presiding judge may at any time during the hearing of the application make any orders and give any directions that the presiding judge considers necessary for the due hearing and disposition of the application.

  • (6) At the hearing of the application, a duly certified transcript of the proceedings at the trial and the sentencing of the applicant for the offence that is the subject of the application is admissible as evidence.

  • (7) At the hearing of the application, the applicant shall present evidence first and may, if the presiding judge so permits, present rebuttal evidence after the evidence of the Attorney General is presented.

  • (8) After the evidence has been presented at the hearing of the application, the applicant, followed by the Attorney General, shall address the jury, and the applicant may reply after the Attorney General has addressed the jury, if the presiding judge so permits.

Repeal

 [Repeal]

Coming into Force

 These Rules come into force on the day on which they are registered.

SCHEDULE(Rule 2)

FORM A(Subrule 2(1))Application

In the Matter of (Give Full Name of Applicant), an Application Made Pursuant to Section 745.6 of the Criminal Code for a Reduction in the Number of Years of Imprisonment Without Eligibility for Parole

  • TO: The Honourable Chief Justice of the Court of Queen’s Bench for Saskatchewan

  • 1 I, (given names, surname and any other names used by the applicant), born on (applicant’s date of birth) and currently detained at (name and place of the institution where the applicant is imprisoned), hereby apply, pursuant to section 745.6 of the Criminal Code, for a reduction in the number of years of imprisonment during which I will not be eligible for parole with respect to the sentence imposed on me on (date of sentencing) at (place of trial).

  • 2 The sentence referred to in paragraph 1 was imposed on me for the following offence: (specify the offence for which the applicant was convicted, including the Criminal Code section, and give the date of conviction)

  • 3 The sentence imposed on me was (give a description of the sentence) and the number of years of imprisonment without eligibility for parole was set at (give number of years). (Indicate whether the sentence has been commuted and, if so, give the date of commutation.)

  • 4 For the offence referred to in paragraph 2, I have been imprisoned for a period of years, which period includes the time that I spent in custody between the day on which I was arrested and taken into custody for that offence and the day on which the sentence was imposed.

  • 5 Since my arrest for the offence referred to in paragraph 2, I have been detained in the following institutions: (give a COMPLETE list of the names and places of each institution in which the applicant has been detained since the date of the arrest for the offence that is the subject of the application and specify the date of entry into each of those institutions).

  • 6 My criminal record is as follows: (give a COMPLETE list of convictions and sentences and indicate the date of each).

  • 7 In support of my application I am relying on the following reasons: (specify ALL reasons PRECISELY and CONCISELY).

  • 8 The evidence that I intend to rely on in support of my application includes: (list the types of evidence that the applicant intends to present: for example, affidavit evidence, testimony of witnesses or oral evidence of the applicant, and list the names of any deponents and witnesses).

  • 9 My address for service is: (insert complete mailing address).

  • 10 The name and address of my counsel is (insert complete name and address of counsel, if applicable).

DATED at (insert place) in the Province of

(insert province), (insert date), 2

(Signature of Applicant)

FORM B(Subrule 2(2))Affidavit

In the Matter of (Give Full Name of Applicant), an Application Made Pursuant to Section 745.6 of the Criminal Code for a Reduction in the Number of Years of Imprisonment Without Eligibility for Parole

I, the undersigned, (given names and surname of the applicant), currently detained at (name and place of the institution where the applicant is imprisoned), in the Province of , make oath and say (or affirm) as follows:

  • 1 I am the applicant.

  • 2 The facts set out in paragraphs 1 to 6 of the attached application are true.

  • 3 (Include here any additional facts that you wish to bring to the attention of the Chief Justice on the determination whether there is a reasonable prospect that the application will succeed.)

(Signature of Applicant)

Sworn (or Affirmed) before me

on (date), 2,

at (place)

Commissioner for Oaths
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