Quebec Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole

SOR/2002-75

CRIMINAL CODE

Registration 2002-02-12

Quebec Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole

Pursuant to subsection 745.64(1)Footnote a of the Criminal Code, I hereby make the annexed Quebec Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole.

Montreal, Quebec, February 11, 2002

The Honourable Lyse Lemieux
Chief Justice
Superior Court of Quebec

A. THE APPLICATION

 The application referred to in subsection 745.6(1) of the Criminal Code shall be drafted in accordance with Form A and shall be filed with the Clerk of the Superior Court of Quebec, Criminal Division, in the Courthouse, in the Judicial District of Montreal.

 The application shall include the following information:

  • (a) the given names, surname and date of birth of the applicant;

  • (b) the name and place of the institution where the applicant is currently being detained;

  • (c) the name and place of each institution in which the applicant has been detained from the date of arrest for the offence that the application is in respect of to the date of the application, as well as the date of entry and transfer into each institution;

  • (d) the offence for which the applicant was convicted and the sentence imposed, the dates of conviction and sentencing and the place of trial;

  • (e) the number of years of imprisonment without eligibility for parole imposed upon the applicant;

  • (f) the applicant’s criminal record;

  • (g) a list of any other outstanding charges for which the applicant is awaiting trial or sentencing;

  • (h) all grounds relied upon in support of the application, stated precisely and concisely;

  • (i) a statement of the relief sought;

  • (j) the address for service of the applicant.

  •  (1) The application shall be supported by the affidavit of the applicant in accordance with Form B.

  • (2) The affidavit shall be appended to the application and filed with it.

  •  (1) After the application has been filed with the Clerk, but before it is referred to the Chief Justice, the applicant shall cause it to be served on the following persons:

    • (a) the Solicitor General of Canada;

    • (b) the Attorney General of Quebec;

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

  • (2) The service referred to in subsection (1) may be effected by bailiff, facsimile or priority post or any other means that a judge of the Superior Court may authorize. In the case of service by priority post, it shall be deemed to have been effected on the seventh day following the day on which it was mailed.

  • (3) Proof of the service referred to in subsection (1) shall be established by filing with the Clerk

    • (a) an affidavit of the person who effected the service;

    • (b) the postal receipt; or

    • (c) the fax transmission record.

B. JUDICIAL SCREENING

 The judge who is responsible for making the determination under subsection 745.61(1) of the Criminal Code shall decide if the presence of the applicant is necessary.

 The judge shall decide whether to hold a preparatory conference.

 The Attorney General’s representative and the applicant shall inform the judge of the evidence they intend to tender and the manner in which they intend to adduce it.

 The judge shall determine the relevance and admissibility of the proposed evidence and its means of presentation and may also order that this evidence be disclosed to the other party.

  •  (1) The judge may order that a comprehensive parole eligibility report on each of the factors referred to in subsection 745.63(1) of the Criminal Code be prepared and presented.

  • (2) The comprehensive parole eligibility report shall include the following information:

    • (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 the psychological and psychiatric assessments that have been made of the applicant;

    • (e) any other information deemed relevant to the issue of parole eligibility.

  • (3) Three copies of the comprehensive parole eligibility report shall be filed in a sealed envelope with the Clerk of the Court.

 As soon as the judge is informed that the comprehensive parole eligibility report has been filed, the judge shall review it and forward a copy to the parties.

 Where the Attorney General’s representative or the applicant disputes any part of the comprehensive parole eligibility report, they may, with leave of the judge, require the attendance of the author of the report for cross-examination.

C. HEARING OF THE APPLICATION BY JURY

  •  (1) If the Chief Justice designates a judge to empanel a jury under subsection 745.61(5) of the Criminal Code to hear an application, rules 5 to 11 continue to apply, with any modifications that the circumstances require, in respect of the application.

  • (2) If the judge designated to empanel a jury allows evidence other than testimonial evidence (affidavits, documentary evidence or other forms of evidence), the judge shall determine the nature and the extent of any cross-examination permitted.

 The jury shall be empanelled in accordance with Part XX of the Criminal Code, with any modifications that the circumstances require. The Attorney General’s representative and the applicant are entitled to the same number of peremptory challenges to which they would be entitled if the accused were being tried for the offence for which the accused was convicted.

 At the hearing of the application, the judge may allow the presentation of any evidence that the judge considers credible or trustworthy in the circumstances and order any investigations that the judge considers necessary.

 After the evidence has been presented, the applicant shall address the jury first, and may reply, if the judge so permits, after the Attorney General’s representative has addressed the jury.

D. RULES OF GENERAL APPLICATION

 The judge may at any time make any orders that the judge considers necessary in the interests of justice.

 All proceedings in connection with an application shall be taken down in writing and filed with the Clerk.

E. TRANSITIONAL PROVISIONS

  •  (1) These rules come into force 15 days after their date of publication in the Canada Gazette and, subject to subsection (2), supersede the Rules of Practice published in the Canada Gazette, Part I, page 2010 on March 30, 1985.

  • (2) The Rules of Practice published in the Canada Gazette, Part I, page 2010 on March 30, 1985 continue to apply to all applications filed prior to the coming into force of these rules.

FORM A

CanadaQuebec Superior Court
Province of Quebec(Criminal Division)
(given names and surname of applicant)
Application 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 Quebec Superior Court:
1.I, the undersigned, (given names and surname of applicant) born on (applicant’s date of birth) and currently detained at (name and place of institution of detention), hereby request that, pursuant to section 745.6 of the Criminal Code, the number of years of imprisonment during which I would not be eligible for parole with respect to the sentence imposed on me on the day of the month of , at (place of trial), Quebec, be reduced to years.
2.Since my arrest for the offence referred to in paragraph 3, I have been detained in the following institutions: (Give a COMPLETE list of the institutions, places of the institutions and specify the date of entry and transfer in EACH case).
3.The sentence referred to in paragraph 1 was imposed on me for the following offence: (Indicate the offence for which the applicant was convicted and give the date of conviction).
4.The sentence that was imposed on me is as follows: (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).
5.My criminal record is as follows: (Give a complete list of convictions, sentences and the dates of each one).
6.I am awaiting trial or sentencing with respect to the following offences: (Give a complete list of all outstanding charges and the date fixed for the next hearing).
7.In support of my application I am relying on the following grounds: (Specify ALL grounds PRECISELY and CONCISELY).
8.My address for purposes of service is: (Give COMPLETE address).
Filed with the Clerk of the Superior Court of Quebec, Criminal Division, Courthouse, Judicial District of Montreal, this day of the month of , 200
(Signature of applicant)

FORM B

CanadaQuebec Superior Court
Province of Quebec(Criminal Division)
Application of (given names and surname of applicant) made pursuant to section 745.6 of the Criminal Code
AFFIDAVIT
I, the undersigned, (given names and surname of applicant), detained at (name and place of institution of detention), Province of , make oath and say as follows:
1.I am the applicant.
2.The facts set out in the attached application are true.
(Signature of applicant)
Sworn before me this day of the month of , 200, at , Province of
Commissioner for oaths