Newfoundland Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole (SOR/89-297)

Regulations are current to 2013-04-29

Newfoundland Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole

SOR/89-297

CRIMINAL CODE

Registration 1989-06-02

Newfoundland 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 Supreme Court of Newfoundland, Trial Division, pursuant to subsection 745(5) of the Criminal Code, hereby makes the annexed Newfoundland Rules of Practice respecting applications and hearings concerning a reduction in the number of years of imprisonment without eligibility for parole.

St. John’s, Newfoundland, May 31, 1989

T. ALEXANDER HICKMAN
Chief Justice of the Supreme Court of Newfoundland

SHORT TITLE

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

INTERPRETATION

2. In these Rules,

“applicant”

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

“application”

“application” means an application made by an applicant pursuant to subsection 745(1) of the Criminal Code; (demande)

“Attorney General”

“Attorney General” means the Attorney General of Newfoundland and includes counsel acting for the Attorney General; (procureur général)

“Chief Justice”

“Chief Justice” means the Chief Justice of the Supreme Court of Newfoundland, Trial Division; (juge en chef)

“clerk”

“clerk” means, in respect of an application, the clerk of the Registry of the Supreme Court of Newfoundland, Trial Division, for the judicial district in which the sentence that is the subject of the application was imposed; (greffier)

“judge”

“judge” means, in respect of an application, the judge of the Supreme Court of Newfoundland, Trial Division, designated by the Chief Justice, pursuant to subsection 745(2) of the Criminal Code, to empanel a jury. (juge)

APPLICATION

3. An application shall be in writing and shall indicate

  • (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 served by the applicant for the offence that is the subject of the application;

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

  • (f) 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.

4. An application shall be filed with the clerk.

  • 5. (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 the application 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 service of an application on the Solicitor General of Canada or on the officer in charge of the institution in which an applicant is detained shall be for information purposes only and shall not be considered to make the Solicitor General of Canada or the officer a party to the application.