Saskatchewan Review of Parole Ineligibility Rules (SOR/2005-99)
Full Document:
Regulations are current to 2013-05-20
DISCLOSURE
7. 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
8. (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.
PAROLE ELIGIBILITY REPORT
9. (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.
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