Where a clerk receives proof of service of an application in accordance with subsection 5(3), the clerk shall deliver the application accompanied by the proof of service to the Chief Justice who shall forward 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 745(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 the judge may make, the judge may make an order

    • (a) requiring the applicant to file, in addition to the outline filed with the applicant’s application, a more detailed outline of the evidence that the applicant intends to present at the hearing of an application;

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

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

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

  • (2) Where the 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 in respect of the affidavit.

  • (3) Where the judge makes an order pursuant to paragraph (1)(d), section 527 of the Criminal Code applies with such modifications as the circumstances require.

HEARING OF APPLICATIONS

 A jury referred to in subsection 745(2) of the Criminal Code shall be empanelled in accordance with Part XX 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.

 A duly certified transcript of the proceedings at the trial and sentencing of the applicant for the offence that is the subject of the application shall be admissible in evidence at the hearing of the application.

 At the hearing of an application, the judge shall rule on the admissibility of evidence.

 Where, at any time before or after the commencement of the hearing of an application, the judge determines that subsection 745(1) of the Criminal Code does not apply to the applicant, the judge shall dismiss the application and discharge the jury.