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

Regulations are current to 2017-09-27

SCHEDULE(Rule 50.02)

Form 20 / Application for Review of Parole Ineligibility

COURT OF ONTARIO

(Superior Court of Justice)

((specify) Region)

BETWEEN:

HER MAJESTY THE QUEEN

— and —

(specify name of accused)

Application for Review of Parole Ineligibility(Criminal Code, s. 745.6(1))

(Ontario Review of Parole Ineligibility Rules (Rule 50), Subrule 50.02(1), Form 20)

Application for a reduction in the number of years of imprisonment without eligibility for parole, made under subsection 745.6(1) of the Criminal Code.

To the Honourable Chief Justice of the Superior Court of Justice:

  • 1 I, (full name of the applicant), born on (applicant’s date of birth) and currently detained at (name and place of the institution), apply, under subsection 745.6(1) of the Criminal Code, for a reduction in the number of years of imprisonment during which I will not be eligible for parole with respect to the sentence imposed on me on (give date of sentencing) by (specify name of judge) at (specify place of trial).

  • 2 The sentence referred to in paragraph 1 was imposed on me for (specify the offence for which the applicant was convicted, including the section of the Criminal Code, the date that the offence was committed and give the date of conviction. If the applicant has been convicted of more than one murder, specify why subsection 745.6(2) of the Criminal Code does not apply to the applicant).

  • 3 The sentence imposed on me was (give a description of the sentence) and the number of years of imprisonment without eligibility for parole was set at (give number of years).

  • 4 For the offence referred to in paragraph 2, I have been imprisoned for a period of (insert total amount of time served by the applicant under this sentence on the date of application). In accordance with section 746 of the Criminal Code, this period includes the time that I spent in custody between the day that I was arrested and taken into custody for the offence on (give date of arrest) and the day that the sentence was imposed on (give date of sentencing).

  • 5 I have/have not (delete as appropriate) previously made an application for a reduction in the number of years of imprisonment without eligibility for parole (insert all relevant information about any previous application(s), including the date(s) of any application(s), the date(s) that the Chief Justice/a judge/a jury determined any previous application and the outcome of any previous application).

  • 6 In order to comply with the statutory time limits in the Criminal Code, I am making this application in accordance with (insert the relevant subsection (745.6 (2.1) – (2.6)) under which the applicant is making this application and specify how the application complies with the time limit. If the applicant is seeking to extend the time limit for making this application, under subsection 745.6 (2.7) of the Criminal Code, specify the circumstances beyond the control of the applicant that has meant that she/he is unable to make an application within the 90-day time limit).

  • 7 Since my arrest for the offence referred to in paragraph 2, I have been detained in the following institutions: (give a complete list of the names and places of each institution in which the applicant has been detained since the date of the arrest for the offence that is the subject of the application and specify the date of entry into each of those institutions).

  • 8 My criminal record is as follows: (give a complete list of convictions and sentences and indicate the date of each).

  • 9 In support of my application, I am relying on the following grounds: (specify all grounds relied upon in support of the application and an outline of the evidence the applicant would seek to introduce at the hearing before the jury, stated precisely and concisely, and the reduction in the number of years of imprisonment without eligibility for parole sought by the applicant. The applicant must include, if they are reported, the reasons for the trial judgment, sentence and any appeal, or the citations for the trial judgment, sentence and any appeal. If no reasons have been reported, the applicant should also provide a summary of the offence for which he or she was convicted).

  • 10 The name and address of my counsel is (insert full name and address of counsel, if applicable) and my address for service is (insert complete mailing address).

  • 11 I have completed an affidavit in support of my application (Form 21) and have attached that form to my application.

(Date of Application)(Signature of Applicant)

Form 21 / Affidavit in Support of Application for Review of Parole Ineligibility

COURT OF ONTARIO

(Superior Court of Justice)

((specify) Region)

BETWEEN:

HER MAJESTY THE QUEEN

— and —

(specify name of accused)

Affidavit in Support of Application for Review of Parole Ineligibility(Criminal Code, s. 745.6(1))

(Ontario Review of Parole Ineligibility Rules (Rule 50), Subrule 50.02(2), Form 21)

Application of (full name of the applicant) made under subsection 745.6(1) of the Criminal Code.

I, the undersigned, (full name of the applicant), currently detained at (name and place of the institution), in the Province of , make oath and say as follows:

  • 1 I am the applicant.

  • 2 The facts set out in the attached application are true.

(Date of Application)(Signature of Applicant)

Sworn (or affirmed) before me on , 2, at .

Commissioner of Oaths

 
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