Quebec Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole
Pursuant to subsection 745.64(1)Footnote a of the Criminal Code, I hereby make the annexed Quebec Rules of Practice Respecting Reduction in the Number of Years of Imprisonment without Eligibility for Parole.
Return to footnote aS.C. 1996, c. 34, s. 2(2)
Montreal, Quebec, February 11, 2002
A. the Application
1 The application referred to in subsection 745.6(1) of the Criminal Code shall be drafted in accordance with Form A and shall be filed with the Clerk of the Superior Court of Quebec, Criminal Division, in the Courthouse, in the Judicial District of Montreal.
2 The application shall include the following information:
(a) the given names, surname and date of birth of the applicant;
(b) the name and place of the institution where the applicant is currently being detained;
(c) the name and place of each institution in which the applicant has been detained from the date of arrest for the offence that the application is in respect of to the date of the application, as well as the date of entry and transfer into each institution;
(d) the offence for which the applicant was convicted and the sentence imposed, the dates of conviction and sentencing and the place of trial;
(e) the number of years of imprisonment without eligibility for parole imposed upon the applicant;
(f) the applicant’s criminal record;
(g) a list of any other outstanding charges for which the applicant is awaiting trial or sentencing;
(h) all grounds relied upon in support of the application, stated precisely and concisely;
(i) a statement of the relief sought;
(j) the address for service of the applicant.
(2) The affidavit shall be appended to the application and filed with it.
(2) The service referred to in subsection (1) may be effected by bailiff, facsimile or priority post or any other means that a judge of the Superior Court may authorize. In the case of service by priority post, it shall be deemed to have been effected on the seventh day following the day on which it was mailed.
(3) Proof of the service referred to in subsection (1) shall be established by filing with the Clerk
B. Judicial Screening
6 The judge shall decide whether to hold a preparatory conference.
7 The Attorney General’s representative and the applicant shall inform the judge of the evidence they intend to tender and the manner in which they intend to adduce it.
8 The judge shall determine the relevance and admissibility of the proposed evidence and its means of presentation and may also order that this evidence be disclosed to the other party.
(2) The comprehensive parole eligibility report shall include the following information:
(a) a summary of the applicant’s social and family background;
(b) a summary of the applicant’s classification and discipline evaluations;
(c) a summary of the regular reports on the applicant’s conduct;
(d) a summary of the psychological and psychiatric assessments that have been made of the applicant;
(e) any other information deemed relevant to the issue of parole eligibility.
(3) Three copies of the comprehensive parole eligibility report shall be filed in a sealed envelope with the Clerk of the Court.
10 As soon as the judge is informed that the comprehensive parole eligibility report has been filed, the judge shall review it and forward a copy to the parties.
11 Where the Attorney General’s representative or the applicant disputes any part of the comprehensive parole eligibility report, they may, with leave of the judge, require the attendance of the author of the report for cross-examination.
C. Hearing of the Application by Jury
12 (1) If the Chief Justice designates a judge to empanel a jury under subsection 745.61(5) of the Criminal Code to hear an application, rules 5 to 11 continue to apply, with any modifications that the circumstances require, in respect of the application.
(2) If the judge designated to empanel a jury allows evidence other than testimonial evidence (affidavits, documentary evidence or other forms of evidence), the judge shall determine the nature and the extent of any cross-examination permitted.
13 The jury shall be empanelled in accordance with Part XX of the Criminal Code, with any modifications that the circumstances require. The Attorney General’s representative and the applicant are entitled to the same number of peremptory challenges to which they would be entitled if the accused were being tried for the offence for which the accused was convicted.
14 At the hearing of the application, the judge may allow the presentation of any evidence that the judge considers credible or trustworthy in the circumstances and order any investigations that the judge considers necessary.
15 After the evidence has been presented, the applicant shall address the jury first, and may reply, if the judge so permits, after the Attorney General’s representative has addressed the jury.
D. Rules of General Application
16 The judge may at any time make any orders that the judge considers necessary in the interests of justice.
17 All proceedings in connection with an application shall be taken down in writing and filed with the Clerk.
E. Transitional Provisions
18 (1) These rules come into force 15 days after their date of publication in the Canada Gazette and, subject to subsection (2), supersede the Rules of Practice published in the Canada Gazette, Part I, page 2010 on March 30, 1985.
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