Saskatchewan Review of Parole Ineligibility Rules (SOR/2005-99)

Regulations are current to 2013-04-29

Saskatchewan Review of Parole Ineligibility Rules

SOR/2005-99

CRIMINAL CODE

Registration 2005-04-06

Saskatchewan Review of Parole Ineligibility Rules

The Chief Justice of the Court of Queen’s Bench for Saskatchewan, pursuant to subsection 745.64(1)Footnote a of the Criminal Code, hereby makes the annexed Saskatchewan Review of Parole Ineligibility Rules.

Regina, Saskatchewan, March 31, 2005

The Honourable W.F. Gerein
Chief Justice of the Court of Queen’s Bench for Saskatchewan

INTERPRETATION

 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 of the number of years of imprisonment without eligibility for parole made pursuant to subsection 745.6(1) of the Act. (demande)

“Attorney General”

“Attorney General” means the Attorney General of Saskatchewan and includes counsel acting for the Attorney General. (procureur général)

“Chief Justice”

“Chief Justice” means the Chief Justice of the Court of Queen’s Bench for Saskatchewan and includes, according to the context, a judge designated pursuant to subsection 745.61(1) of the Act to determine whether there is a reasonable prospect that an application will succeed. (juge en chef)

“judge”

“judge” means a judge of the Court of Queen’s Bench for Saskatchewan. (juge)

“local registrar”

“local registrar” means a local registrar of the Court of Queen’s Bench for Saskatchewan. (greffier local)

“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)

APPLICATION

  •  (1) An application shall be in writing in Form A set out in the schedule and shall contain a statement of

    • (a) the applicant’s given names and surname, any other names that the applicant may have used and the date of birth of the applicant;

    • (b) the name and location of the institution in which the applicant is detained;

    • (c) the offence that is the subject of the application, the sentence imposed, the dates of conviction, sentencing and imprisonment and the place of the trial;

    • (d) the number of years of imprisonment without eligibility for parole imposed on the applicant;

    • (e) the length of time served by the applicant for the offence that is the subject of the application;

    • (f) the name and location of each institution in which the applicant has been detained since the date of the arrest for the offence that is the subject of the application and the date of entry into each of those institutions;

    • (g) the applicant’s criminal record;

    • (h) the reasons to be relied on in support of the application;

    • (i) an outline of the evidence that the applicant intends to rely on in support of the application; and

    • (j) the applicant’s address for service and the name of applicant’s counsel, if any.

  • (2) An application shall be supported by an affidavit of the applicant in Form B set out in the schedule.