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  1. Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole - SOR/2005-10 (SCHEDULE)

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    IN THE MATTER OF an application for a reduction in the number of years of imprisonment without eligibility for parole pursuant to subsection 745.6(1) of the Criminal Code

    To the Honourable Chief Justice of the Supreme Court of Nova Scotia:

    • 1 I, (given names and surname of the applicant), born on (applicant’s date of birth) and detained at (name and place of the institution), hereby request, pursuant to section 745.6 of the Criminal Code, that the number of years of imprisonment during which I will not be eligible for parole with respect to the sentence imposed on me on (give date of sentencing) at (give place of trial) be reduced to (give number of years).

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    IN THE APPLICATION OF (Full name of applicant) made pursuant to section 745.6 of the Criminal Code

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  2. Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole - SOR/2005-10 (Section 1)

    1 The following definitions apply in these Rules.

    Act

    Act means the Criminal Code. (Loi)

    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 for a reduction in the number of years of imprisonment without eligibility for parole made by an applicant pursuant to subsection 745.6(1) of the Act. (demande)

    Attorney General

    Attorney General means the Attorney General of Nova Scotia and includes counsel acting for the Attorney General. (procureur général)

    presiding judge

    presiding judge means the judge designated by the Chief Justice pursuant to subsection 745.61(5) of the Act to empanel a jury. (juge qui préside)


  3. Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole - SOR/2005-10

    The Chief Justice of the Supreme Court of Nova Scotia, pursuant to subsection 745.64(1)Footnote a of the Criminal Code, hereby makes the annexed Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole.

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  4. Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole - SOR/2005-10 (Section 7)

    • 7 (1) On receipt of an application, the Chief Justice shall determine whether subsection 745.6(1) of the Act applies to the applicant.

    • (2) Where the Chief Justice determines that subsection 745.6(1) of the Act does not apply to the applicant, the Chief Justice shall dismiss the application.

    • (3) Where the Chief Justice determines that subsection 745.6(1) of the Act applies to the applicant, the Chief Justice shall determine, or shall designate a judge to determine, pursuant to subsection 745.61(1) of the Act, whether the applicant has shown that there is a reasonable prospect that the application will succeed.

    • (4) Where the Chief Justice or judge determines that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge shall give reasons for that determination, shall designate a judge, under paragraph 745.61(5) of the Act, to empanel a jury and shall forward the application and proof of service to that judge.


  5. Nova Scotia Rules of Practice Respecting Applications and Hearings Concerning a Reduction in the Number of Years of Imprisonment without Eligibility for Parole - SOR/2005-10 (Section 6)

    6 An application shall be delivered by the prothonotary to the Chief Justice on receipt by the prothonotary of proof of service of the application in accordance with section 5.


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