Affidavit

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

Filing of Application

 An application, together with an affidavit referred to in section 3, shall be filed with the prothonotary.

Service

  •  (1) Immediately after an application is filed with the prothonotary, the applicant shall cause the application 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.

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

  • (3) Proof of the service of an application may be established by filing with the prothonotary an affidavit of the person who effected the service.

  • (4) Proof of service of an application shall be filed with the prothonotary no later than seven days after the day on which the service was effected.

Delivery of Application

 An application shall be delivered by the prothonotary to the Chief Justice on receipt by the prothonotary of proof of service of the application in accordance with section 5.

Preliminary Assessment

  •  (1) On receipt of an application, the Chief Justice shall determine whether subsection 745.6(1) of the Act applies to the applicant.

  • (2) Where the Chief Justice determines that subsection 745.6(1) of the Act does not apply to the applicant, the Chief Justice shall dismiss the application.

  • (3) Where the Chief Justice determines that subsection 745.6(1) of the Act applies to the applicant, the Chief Justice shall determine, or shall designate a judge to determine, pursuant to subsection 745.61(1) of the Act, whether the applicant has shown that there is a reasonable prospect that the application will succeed.

  • (4) Where the Chief Justice or judge determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge shall give reasons for that determination, shall designate a judge, under paragraph 745.61(5) of the Act, to empanel a jury and shall forward the application and proof of service to that judge.

Designation of Judge

 The designation of the presiding judge shall be in writing and shall be filed with the prothonotary.

Notice

  •  (1) On receipt of the application, the presiding judge shall

    • (a) determine the date and place of the pre-hearing conference to be held in connection with the application;

    • (b) send a written notice of the date and place of the pre-hearing conference to the Attorney General; and

    • (c) instruct the Attorney General to take the necessary steps to ensure that the applicant is present on the day and at the place determined for the pre-hearing conference.

  • (2) On receipt of a notice referred to in paragraph (1)(b), the Attorney General shall cause a written notice of the date and place of the pre-hearing conference to be sent by registered mail or any other accepted means of service to

    • (a) the applicant;

    • (b) the Solicitor General of Canada; and

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

  • (3) A copy of each notice referred to in paragraph (1)(b) and subsection (2) shall be filed with the prothonotary.