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.

 An applicant, but not counsel acting for the applicant, is a competent and compellable witness at the hearing of the application of the applicant.

  •  (1) Certified transcripts of the proceedings at the trial and sentencing of the applicant, including all victim statements, shall be admissible in evidence at the hearing of an application.

  • (2) Any information provided by a victim as defined in subsection 722(4) of the Criminal Code shall be admissible in evidence at the hearing of an application.

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

 Where, at any time after the commencement of the hearing of an application, the judge determines that subsection 745.6(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 addresses, if any, to the jury by the applicant and the Attorney General.

Orders and Directions

 The judge may make any orders or give any directions that the judge considers necessary in the circumstances 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.

Coming into Force

 These Rules come into force on September 1, 1998.

 
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