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Ontario Review of Parole Ineligibility Rules (Rule 50) (SOR/2013-249)

Regulations are current to 2024-03-06

Application (continued)

Hearing of Applications

Marginal note:Disclosure

  •  (1) The applicant and the Attorney General shall ensure that full disclosure of all documents has been made to the other party in accordance with any instructions given by the presiding judge.

  • Marginal note:Empaneling jury

    (2) A jury referred to in subsection 745.61(5) of the Code shall be empanelled in accordance with Part XX of the Code.

  • Marginal note:Peremptory challenges

    (3) The applicant and the Attorney General are entitled to the same number of peremptory challenges as they would be entitled to if the applicant were being tried for the offence for which he or she was convicted.

  • Marginal note:Challenges for cause

    (4) The provisions of sections 638 and 639 of the Code with respect to challenges for cause apply to the jury selection with any modifications that the circumstances require.

  • Marginal note:Record of proceedings

    (5) The hearing shall be recorded in the same manner as trials in the Superior Court of Justice (Ontario).

  • Marginal note:In-camera hearings

    (6) On application by either party or if the presiding judge is of the opinion that it is necessary to do so in the maintenance of order or the proper administration of justice, the presiding judge may, on notice to the media, order that any part of a proceeding in relation to an application be held in camera or order a total or partial publication ban of any evidence presented at any such proceeding.

  • Marginal note:Conduct of hearing

    (7) At the hearing of an application or during a case management hearing, the presiding judge may hold a voir dire on the admissibility of any proposed evidence, including the parole eligibility report.

  • Marginal note:Additional orders

    (8) The presiding judge may, at any time, make any order or give any direction that he or she considers necessary in the interests of justice, including

    • (a) an order setting time limits on the presentation of evidence, submissions and closing arguments; and

    • (b) an order requiring that the applicant be brought before the court.

  • Marginal note:Application of section 527 of the Code

    (9) If the presiding judge makes an order under paragraph 8(b), section 527 of the Code applies with any modifications that the circumstances require.

  • Marginal note:Evidence of the applicant

    (10) Unless the presiding judge orders otherwise, at the hearing of an application, the applicant shall present evidence first and may, if the presiding judge permits, present rebuttal evidence after the evidence of the Attorney General is presented.

  • Marginal note:Evidence of Attorney General

    (11) In presenting the evidence of the Attorney General, the Crown Attorney shall have regard to paragraph 745.63(1)(d) and subsection 745.63(1.1) of the Code.

  • Marginal note:Address to jury

    (12) Unless the presiding judge orders otherwise, after all of the evidence has been presented, the applicant shall address the jury first.

  • Marginal note:Instructions by presiding judge

    (13) After the address to the jury by the applicant and the Attorney General, the presiding judge shall give instructions to the jury on the applicable law and evidence.

Coming into Force

Marginal note:Registration date

 These Rules come into force on the day on which they are registered and they shall apply to all applications, whether commenced before or after these rules come into force.

 

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