Alberta Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole

SOR/88-599

CRIMINAL CODE

Registration 1988-12-05

Alberta Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment Without Eligibility for Parole

The Chief Justice of the Court of Queen’s Bench of Alberta, pursuant to subsection 672(5)Footnote * of the Criminal Code, hereby makes the annexed Alberta Rules of Practice respecting applications and hearings concerning a reduction in the number of years of imprisonment without eligibility for parole.

Calgary, Alberta, November 28, 1988

THE HONOURABLE W. KENNETH MOORE
Chief Justice of the Court of Queen’s Bench of Alberta

Short Title

 These Rules may be cited as the Alberta Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole.

Interpretation

 In these Rules,

applicant

applicant means a person who makes an application and includes, according to the context, counsel acting for that person; (demandeur)

application

application means an application made by an applicant pursuant to subsection 672(1) of the Criminal Code; (demande)

Attorney General

Attorney General means the Attorney General of Alberta and includes counsel acting for the Attorney General; (procureur général)

Chief Justice

Chief Justice means the Chief Justice of the Court of Queen’s Bench of Alberta; (juge en chef)

clerk

clerk means, in respect of an application, the clerk of the Court of Queen’s Bench of Alberta for the judicial district in which the sentence that is the subject of the application was imposed; (greffier)

judge

judge means the judge of the Court of Queen’s Bench of Alberta designated by the Chief Justice to empanel a jury pursuant to subsection 672(2) of the Criminal Code in respect of an application. (juge)

Application

 An application shall be in writing and shall contain

  • (a) the applicant’s given names, surname and any other names the applicant may have used and the applicant’s date of birth;

  • (b) the name and place of the institution in which the applicant is detained;

  • (c) the offence that is the subject of the application, the date of conviction and the sentence imposed;

  • (d) the length of time the applicant has been imprisoned for the offence that is the subject of the application;

  • (e) the grounds to be relied on in support of the application;

  • (f) a statement of the relief sought;

  • (g) the applicant’s address for service; and

  • (h) an outline of any evidence that the applicant intends to present at the hearing of the application.

 An application shall be filed with the clerk.

  •  (1) An applicant shall cause the applicant’s application to be served on

    • (a) the Attorney General;

    • (b) the Solicitor General of Canada; and

    • (c) the officer in charge of the institution in which the applicant is detained.

  • (2) Service of an application may be effected by registered mail, in which case it shall be deemed to have been effected on the tenth day after the day on which it was mailed.

  • (3) Proof of service of an application may be established by filing with the clerk an affidavit of the person who effected the service or by any other means satisfactory to the clerk.

  • (4) The Solicitor General of Canada and the officer in charge of the institution in which an applicant is detained shall not be parties to the application.

 Where a clerk receives proof of service of an application in accordance with section 5, the clerk shall deliver the application and the proof of service of the application to the Chief Justice who shall forward the application and the proof of service of the application to the judge.

 On receipt of an application, the judge may, on the judge’s own initiative or on the request of the Attorney General, dismiss the application where the judge determines that subsection 672(1) of the Criminal Code does not apply to the applicant.

 In respect of an application, the judge shall make all necessary arrangements with the applicant and the Attorney General for the conduct of the hearing, including the fixing of the date for the empanelling of a jury and the hearing of the application.

Orders

  •  (1) In addition to any other order that a judge may make, the judge may make an order

    • (a) requiring the Attorney General to file a general outline of the evidence that the Attorney General intends to present at the hearing of an application;

    • (b) permitting the proof of facts by affidavit; or

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

  • (2) Where a judge makes an order pursuant to paragraph (1)(b), the judge may, on application, require the attendance of the deponent at or prior to the hearing of the application for the purpose of cross-examination on the affidavit.

  • (3) Where a judge makes an order pursuant to paragraph (1)(c), section 460 of the Criminal Code applies with such modifications as the circumstances require.

Hearing of Applications

 A jury referred to in subsection 672(2) of the Criminal Code shall be empanelled in accordance with Part XVII of that Code with such modifications as the circumstances require.

 No person other than the applicant and the Attorney General may present evidence at the hearing of an application.

 At the hearing of an application, the applicant shall present evidence first and may, if the judge so permits, present rebuttal evidence after the evidence of the Attorney General is presented.

  •  (1) A duly certified transcript of the proceedings at the trial and sentencing of the applicant shall be admissible in evidence at the hearing of an application.

  • (2) At the hearing of an application, the judge shall rule on the admissibility of any evidence.

 Where, at any time before or after the commencement of the hearing of an application, the judge determines that subsection 672(1) of the Criminal Code does not apply to the applicant, the judge shall dismiss the application and discharge the jury.

 After the evidence is presented at the hearing of an application, the applicant, followed by the Attorney General, shall address the jury.

 The judge, at the hearing of an application, shall address the jury after the address to the jury, if any, by the applicant and the Attorney General.

Orders and Directions

 A judge may make any orders or give any directions that the judge considers necessary for the due hearing and disposition of an application, including, without restricting the generality of the foregoing, orders or directions with respect to

  • (a) the extension or the abridgement of a time period;

  • (b) the sufficiency of an application or any affidavit relating to an application;

  • (c) the service and the proof of service of any document in relation to an application; and

  • (d) the adjournment of the hearing of an application.

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