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

Regulations are current to 2017-09-27

Marginal note:Designation of presiding judge
  •  (1) If the Chief Justice grants the application for judicial screening in accordance with subrule 50.04(9), the Chief Justice shall designate, in writing, a presiding judge who will empanel a jury to hear the application under subsection 745.61(5) of the Code.

  • Marginal note:Presiding judge

    (2) If the judge grants the application for judicial screening in accordance with subrule 50.04(9), he or she shall be designated by the Chief Justice as the presiding judge who will empanel a jury to hear the application under subsection 745.61(5) of the Code.

  • Marginal note:Assignment of another judge

    (3) The Chief Justice may decide to assign another presiding judge to empanel a jury under subsection 745.61(5) of the Code to hear the application. The Chief Justice shall provide notice in writing of the assignment to the applicant and the Attorney General.

  • Marginal note:Place of hearing

    (4) The hearing of the application shall be held in the jurisdiction in which the applicant’s trial was held, unless the Chief Justice or the presiding judge orders otherwise.

Case Management Hearings

Marginal note:Case Management Hearing
  •  (1) The presiding judge shall hold a case management hearing or hearings in connection with the application, and the local registrar shall give written notice of the date and time of the hearing to the applicant and the Attorney General.

  • Marginal note:Place of hearing

    (2) A case management hearing shall be held in the jurisdiction in which the jury will be empanelled, unless the presiding judge orders otherwise.

  • Marginal note:Applicant’s obligation to attend

    (3) If evidentiary or other rulings will be made at a case management hearing, the applicant shall attend the hearing either in person or, if the necessary facilities are available and the applicant is able to communicate privately with his or her counsel during the case management hearing, by video conference.

  • Marginal note:Optional attendance

    (4) If evidentiary or other rulings will not be made at a case management hearing, the applicant is not required to attend the hearing but may, at the discretion of the presiding judge, attend the hearing in person or by video conference in accordance with subrule (3).

  • Marginal note:Information to be provided

    (5) At a case management hearing, the applicant and the Attorney General shall inform the presiding judge of

    • (a) any evidence that they intend to present at the hearing of the application and the manner in which they intend to present it; and

    • (b) the names of witnesses, if any, to be called by the parties.

  • Marginal note:Powers of presiding judge

    (6) At a case management hearing, the presiding judge may

    • (a) determine the date and place for the hearing of the application;

    • (b) permit the proof of facts by affidavit;

    • (c) make rulings regarding the admissibility of any evidence, including on any information that a victim may wish to provide at the hearing, having regard to paragraph 745.63(1)(d) and subsection 745.63(1.1) of the Code;

    • (d) determine any matter or give any directions necessary that may promote a fair and expeditious hearing of the application; and

    • (e) adjourn the hearing, if the presiding judge considers it appropriate, and resume the hearing at a time and place determined by the presiding judge.

  • Marginal note:Deponents’ attendance at hearing

    (7) If the presiding judge makes an order under paragraph (6)(b), the judge may require the attendance of the deponent at a case management hearing or at the hearing of the application, for the purpose of cross-examination on the affidavit.

Parole Eligibility Report

Marginal note:Adjournment
  •  (1) The presiding judge may adjourn a case management hearing until he or she receives the parole eligibility report ordered by the Chief Justice or by the judge conducting the judicial screening under subrule 50.04(13).

  • Marginal note:Author and contents of parole eligibility report

    (2) The parole eligibility report shall be prepared by a person designated by the institutional head of the penitentiary where the applicant is detained 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 applicant’s parole eligibility.

  • Marginal note:Filing and delivery of parole eligibility report

    (3) Upon completion, the parole eligibility report shall be filed without delay with the local registrar at the place where the management hearing is held, and the local registrar shall deliver a copy of the report to the presiding judge, the applicant and the Attorney General.

  • Marginal note:Resumption of case management hearing

    (4) On receipt of the parole eligibility report, the presiding judge may set a date for the resumption of the case management hearing which shall be at least 30 days after the day on which he or she receives the parole eligibility report and direct the local registrar to notify the applicant and the Attorney General of the date set.

  • Marginal note:Dispute of parole eligibility report

    (5) If the applicant or the Attorney General disputes any part of the parole eligibility report, they may require that the author of the report attend at a case management hearing for the purpose of cross-examination.

  • Marginal note:Determination by presiding judge

    (6) The presiding judge may determine the admissibility of any part of the parole eligibility report.

Hearing of Applications

Marginal note:Disclosure
  •  (1) The applicant and the Attorney General shall ensure that full disclosure of all documents has been made to the other party in accordance with any instructions given by the presiding judge.

  • Marginal note:Empaneling jury

    (2) A jury referred to in subsection 745.61(5) of the Code shall be empanelled in accordance with Part XX of the Code.

  • Marginal note:Peremptory challenges

    (3) 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 for which he or she was convicted.

  • Marginal note:Challenges for cause

    (4) The provisions of sections 638 and 639 of the Code with respect to challenges for cause apply to the jury selection with any modifications that the circumstances require.

  • Marginal note:Record of proceedings

    (5) The hearing shall be recorded in the same manner as trials in the Superior Court of Justice (Ontario).

  • Marginal note:In-camera hearings

    (6) On application by either party or if the presiding judge is of the opinion that it is necessary to do so in the maintenance of order or the proper administration of justice, the presiding judge may, on notice to the media, order that any part of a proceeding in relation to an application be held in camera or order a total or partial publication ban of any evidence presented at any such proceeding.

  • Marginal note:Conduct of hearing

    (7) At the hearing of an application or during a case management hearing, the presiding judge may hold a voir dire on the admissibility of any proposed evidence, including the parole eligibility report.

  • Marginal note:Additional orders

    (8) The presiding judge may, at any time, make any order or give any direction that he or she considers necessary in the interests of justice, including

    • (a) an order setting time limits on the presentation of evidence, submissions and closing arguments; and

    • (b) an order requiring that the applicant be brought before the court.

  • Marginal note:Application of section 527 of the Code

    (9) If the presiding judge makes an order under paragraph 8(b), section 527 of the Code applies with any modifications that the circumstances require.

  • Marginal note:Evidence of the applicant

    (10) Unless the presiding judge orders otherwise, at the hearing of an application, the applicant shall present evidence first and may, if the presiding judge permits, present rebuttal evidence after the evidence of the Attorney General is presented.

  • Marginal note:Evidence of Attorney General

    (11) In presenting the evidence of the Attorney General, the Crown Attorney shall have regard to paragraph 745.63(1)(d) and subsection 745.63(1.1) of the Code.

  • Marginal note:Address to jury

    (12) Unless the presiding judge orders otherwise, after all of the evidence has been presented, the applicant shall address the jury first.

  • Marginal note:Instructions by presiding judge

    (13) After the address to the jury by the applicant and the Attorney General, the presiding judge shall give instructions to the jury on the applicable law and evidence.

 
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