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

Regulations are current to 2014-08-05

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.