Ontario Review of Parole Ineligibility Rules (Rule 50) (SOR/2013-249)

Regulations are current to 2017-09-27

Ontario Review of Parole Ineligibility Rules (Rule 50)

SOR/2013-249

CRIMINAL CODE

Registration 2013-12-20

Ontario Review of Parole Ineligibility Rules (Rule 50)

The Chief Justice of the Superior Court of Justice (Ontario), pursuant to subsection 745.64(1)Footnote a of the Criminal CodeFootnote b, makes the annexed Ontario Review of Parole Ineligibility Rules (Rule 50).

December 17, 2013

H. J. SMITH
Chief Justice

Interpretation

Marginal note:Interpretation

 The following definitions apply in these Rules.

applicant

requérant

applicant means a person who makes an application and includes counsel acting for that person. (requérant)

application

demande

application means an application for the reduction in the number of years of imprisonment without eligibility for parole made under subsection 745.6(1) of the Code. (demande)

Attorney General

procureur général

Attorney General means the Attorney General of Ontario and includes counsel acting for the Attorney General. (procureur général)

case management hearing

audience sur la gestion de l’instance

case management hearing means a hearing held before the jury is empanelled to hear the application. (audience sur la gestion de l’instance)

Chief Justice

juge en chef

Chief Justice means the Chief Justice of the Superior Court of Justice (Ontario). (juge en chef)

Code

Code

Code means the Criminal Code. (Code)

Commissioner

commissaire

Commissioner means the Commissioner as defined in section 2 of the Corrections and Conditional Release Act. (commissaire)

institutional head

Version anglaise seulement

institutional head has the same meaning as in section 2 of the Corrections and Conditional Release Act. (Version anglaise seulement)

judge

juge

judge means a judge of the Superior Court of Justice (Ontario). (juge)

local registrar

greffier local

local registrar means the registrar of the Superior Court of Justice (Ontario) in the jurisdiction in which the application is proceeding. (greffier local)

presiding judge

juge qui préside

presiding judge means the judge who is designated by the Chief Justice under subsection 745.61(5) of the Code to empanel a jury. (juge qui préside)

Application

Filing

Marginal note:Contents of application
  •  (1) The application shall be in Form 20 of the schedule and shall include the following information:

    • (a) the applicant’s full name and date of birth;

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

    • (c) the offence for which the applicant was convicted, the date of the offence, the date that the applicant was convicted of the offence, the place of trial where the applicant was convicted of the offence, the sentence and the date of sentencing;

    • (d) if the applicant was convicted of more than one murder, the reasons why subsection 745.6(2) of the Code does not apply to the application;

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

    • (f) the number of years of imprisonment served by the applicant on the date of the application;

    • (g) all relevant information, including judicial orders and reasons, pertaining to any previous application made by the applicant;

    • (h) a statement specifying how the applicant complies with the time limits set out in subsections 745.6(2.1) to (2.7) of the Code as well as any reasons for any extension of the time limits being sought;

    • (i) the name and address of each institution in which the applicant has been detained since the day of the arrest for the offence for which the applicant was convicted, as well as the date of entry and transfer into each institution;

    • (j) the applicant’s criminal record;

    • (k) if they are reported, the reasons for trial judgment, sentence and any appeal, or the citations for the trial judgment, sentence and any appeal. If reasons are not reported, a summary of the offence for which the applicant was convicted;

    • (l) all grounds relied upon in support of the application and an outline of the evidence the applicant intends to seek to introduce at the hearing before the jury, stated precisely and concisely;

    • (m) a statement of the relief sought; and

    • (n) the name and address of counsel for the applicant, if represented, and the applicant’s address for service.

  • Marginal note:Affidavit

    (2) The application shall be accompanied by an affidavit of the applicant in Form 21 of the schedule.

  • Marginal note:Other written evidence

    (3) The application may include any other written evidence, including any report made available to the applicant by Correctional Service Canada or other correctional authorities.

Service And Filing Of Notice Of Application

Marginal note:Service to Chief Justice
  •  (1) The applicant shall serve an application on the Chief Justice at Osgoode Hall, 130 Queen Street West, Toronto, Ontario M5H 2N5.

  • Marginal note:Service to other persons

    (2) The applicant shall also serve a copy of the application on

    • (a) the Crown Attorney in the location where the applicant’s trial took place, who shall receive it on behalf of the Attorney General;

    • (b) the Commissioner, at Correctional Service of Canada, 340 Laurier Avenue West, 9B-18, Ottawa, Ontario K1A 0P9; and

    • (c) the institutional head of the penitentiary where the applicant is detained.

  • Marginal note:Manner of service

    (3) The application shall be served by registered mail, and it is deemed to be effective on the fifth day after the day on which it is mailed.

  • Marginal note:Proof of service

    (4) Proof of service of an application may be established by the person who effected the service by mailing a copy of Form 7 (Affidavit of Service) in the schedule to the Criminal Proceedings Rules for the Superior Court of Justice (Ontario) to the Chief Justice.

Judicial Screening Under Section 745.61 of the Code

Marginal note:Designation of judge
  •  (1) On receipt of an application, the Chief Justice shall notify the following persons of his or her determination as to whether he or she will conduct a judicial screening under subsection 745.61(1) of the Code or designate a judge in writing to do so:

    • (a) the applicant;

    • (b) the Crown Attorney in the location where the applicant’s trial took place, who shall receive notice on behalf of the Attorney General;

    • (c) the Commissioner at Correctional Service of Canada, 340 Laurier Avenue West, 9B-18, Ottawa, Ontario K1A 0P9; and

    • (d) the institutional head of the penitentiary where the applicant is detained.

  • Marginal note:Eligibility

    (2) The Chief Justice or the judge conducting the judicial screening shall determine whether the applicant is eligible to apply for judicial review, in accordance with the criteria  set out in section 745.6 of the Code.

  • Marginal note:Submission of written evidence by Attorney General

    (3) The Attorney General may, within 120 days after the day on which the notification referred to in subrule (1) is received, submit any written evidence under paragraph 745.61(1)(c) of the Code to be considered at the judicial screening.

  • Marginal note:Report

    (4) The material of the Attorney General may include any report made available to the Attorney General by Correctional Service of Canada or any other correctional authorities.

  • Marginal note:Service of evidence

    (5) The material referred to in subrules (3) and (4) shall be served on the following persons, in accordance with subrule 50.03(3):

    • (a) the Chief Justice or the judge;

    • (b) the applicant;

    • (c) the Commissioner at Correctional Service of Canada, 340 Laurier Avenue West, 9B-18, Ottawa, Ontario K1A 0P9; and

    • (d) the institutional head of the penitentiary where the applicant is detained.

  • Marginal note:Deadline for report

    (6) Correctional Service of Canada or other correctional authorities may, within 120 days after the day on which the notification referred to in subrule (1) is received, submit any report under paragraph 745.61(1)(b) of the Code to be considered at the judicial screening.

  • Marginal note:Service of report

    (7) The report referred to in subrule (6) shall be served, in accordance with subrule 50.03(3), on the following persons:

    • (a) the Chief Justice or the judge;

    • (b) the applicant; and

    • (c) the Crown Attorney in the location where the applicant’s trial took place, who shall receive it on behalf of the Attorney General.

  • Marginal note:Judicial screening to be on the basis of written material unless otherwise ordered

    (8) Unless otherwise ordered by the Chief Justice or the judge conducting the judicial screening, the decision on the judicial screening of the application will be based entirely on the written material submitted by the applicant, the Attorney General and Correctional Service Canada or other correctional authorities.

  • Marginal note:Granting judicial screening application

    (9) If the Chief Justice or the judge determines that the applicant has established his or her eligibility to apply for judicial review and that there is, in accordance with subsection 745.61(2) of the Code, a substantial likelihood that the application will succeed, the Chief Justice or the judge conducting the judicial screening shall grant the application for judicial screening and may issue reasons for his or her decision.

  • Marginal note:Dismissal of application

    (10) If the Chief Justice or the judge determines that the applicant has not established his or her eligibility to apply for judicial review or that there is, in accordance with subsection 745.61(2) of the Code, no substantial likelihood that the application will succeed, the Chief Justice or the judge conducting the judicial screening shall dismiss the application with reasons and may render a decision under subsection 745.61(3) of the Code.

  • Marginal note:Notification of decision

    (11) The Chief Justice or the judge shall notify the following persons of his or her decision to grant or dismiss the application:

    • (a) the applicant;

    • (b) the Crown Attorney in the location where the applicant’s trial took place, who shall receive it on behalf of the Attorney General;

    • (c) the Commissioner at Correctional Service of Canada, 340 Laurier Avenue West, 9B-18, Ottawa, Ontario K1A 0P9; and

    • (d) the institutional head of the penitentiary where the applicant is in custody.

  • Marginal note:Notification to Chief Justice

    (12) If the decision has been made by a judge conducting the judicial screening, he or she shall notify the Chief Justice of his or her decision.

  • Marginal note:Order for parole eligibility report

    (13) If the Chief Justice or the judge grants the application for judicial screening, he or she shall make an order that a parole eligibility report be prepared in respect of the applicant, containing the information set out in subrule 50.07(2) and having regard to the criteria referred to in subsection 745.63(1) of the Code.

 
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