Hearing of Applications

Jury

  •  (1) A jury referred to in subsection 745(2) of the Criminal Code shall be empanelled in accordance with Part XX of that Act with the modification set out in subsection (2) and with such other modifications as the circumstances require.

  • (2) For the purposes of subsection (1), 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 that is the subject of the application.

Powers of Judge

  •  (1) At the hearing of an application, the judge may

    • (a) hold a voir dire on the admissibility of the parole eligibility report referred to in subsection 79.15(1) in respect of the applicant;

    • (b) subject to the rules of evidence applicable in respect of a sentencing hearing, admit any evidence that the judge considers credible and trustworthy; and

    • (c) order any investigations that the judge considers necessary.

  • (2) The judge at the hearing of an application may adjourn the hearing as the judge considers appropriate.

Standing

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

Order of Presentation of Evidence

 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.

Determination by Chief Justice

  •  (1) Where, after the evidence is presented at the hearing of an application, the judge considers that subsection 745(1) of the Criminal Code does not apply to the applicant, the judge shall refer the application back to the Chief Justice and adjourn the hearing pending a determination by the Chief Justice.

  • (2) Where an application is referred back to the Chief Justice pursuant to subsection (1) and the Chief Justice determines that subsection 745(1) of the Criminal Code does not apply to the applicant, the Chief Justice shall dismiss the application and the judge shall discharge the jury.

Address to the Jury

 Where, after the evidence is presented at the hearing of an application, the judge considers that subsection 745(1) of the Criminal Code applies to the applicant, the applicant, followed by the Attorney General, shall address the jury.

Address by Judge

 After the applicant and the Attorney General have addressed the jury pursuant to section 79.25, the judge shall address the jury on the applicable law and evidence.

Decision of Jury

 The jury at the hearing of an application shall base its decision exclusively on the evidence presented to it at the hearing.

General Provisions

General Powers of Judge

  •  (1) The judge may at any time make

    • (a) an order setting time limits;

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

    • (c) any further orders in relation to an application that the judge considers necessary in the interest of justice.

  • (2) Where the judge is of the opinion that it is necessary to do so in the interest of public morals, the maintenance of order or the proper administration of justice, the judge may, at any time, order that any proceeding in relation to an application be held in camera or may order a total or partial ban on the publication of any evidence presented at any such proceeding.

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

Transcript

 A transcript of all proceedings in connection with an application shall be prepared and filed with the registrar.

Effective Date

 This Rule comes into force on the 1st day of September, 1992.

 
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