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  1. New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole - SOR/2004-264 (Section 11)
    New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole

    • [...]

    • (3) Except as otherwise provided in these Rules, Part XX of the Act applies with such modifications as the circumstances require to the empanelling of the jury referred to in subsection 745.61(5) of the Act and to the hearing of an application.

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    • (6) A certified copy of the transcript of the proceedings at the trial and sentencing of the applicant is admissible as evidence at the hearing of an application.

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    • (8) Where, at any time before the commencement of the hearing of an application, the presiding judge determines as a matter of law that subsection 745.6(1) of the Act does not apply to the applicant, the presiding judge shall dismiss the application with reasons.

    • (9) Where, at any time after the commencement of the hearing of an application, the presiding judge determines as a matter of law that subsection 745.6(1) of the Act does not apply to the applicant, the presiding judge shall dismiss the application with reasons and discharge the jury.


  2. New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole - SOR/2004-264 (Section 4)
    New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole

    • 4 (1) Immediately after the application and any additional material have been filed with the clerk, the applicant shall serve them on

      • (a) the Solicitor General of Canada for notice only and not as a party;

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      • (c) the officer in charge of the institution in which the applicant is being detained for notice only and not as a party; and

      • (d) any other person or institution as directed by the Chief Justice.


  3. New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole - SOR/2004-264 (Section 12)
    New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole

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    • (2) In addition to any other order that the Chief Justice, judge designated under subsection 745.61(1) of the Act or presiding judge may make, he or she may make any or any combination of the following orders:

      • [...]

      • (c) an order excluding an applicant from any proceeding under these Rules where the Chief Justice, judge or presiding judge is of the opinion that the applicant's conduct at the proceeding is such as to disrupt the proceeding.

    • (3) Section 527 of the Act applies with such modifications as the circumstances require for the purpose of any order made under paragraph (2)(c).


  4. New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole - SOR/2004-264 (Section 10)
    New Brunswick Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole

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    • (2) A certified copy of the transcript of the proceedings at the trial and sentencing of the applicant is admissible as evidence at a pre-hearing conference.

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    • (7) The presiding judge may adjourn a pre-hearing conference as the presiding judge considers appropriate and resume the pre-hearing conference on a day and at a place determined by the presiding judge, except that the place must be within the judicial district in which the sentence in respect of which the application is made was imposed.


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