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

Regulations are current to 2016-04-12

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.

 
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