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.

 
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