Interpretation

1 The definitions in this section apply in these Rules.

applicant

applicant means a person who makes an application and includes counsel acting for that person. (demandeur)

application

application means an application made by a person pursuant to subsection 745.6(1) of the Criminal Code. (demande)

Attorney General

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

Chief Justice

Chief Justice means the Chief Justice of the Court of Appeal of the Northwest Territories. (juge en chef)

Clerk

Clerk means the Clerk of the Supreme Court of the Northwest Territories. (greffier)

judge

judge means the judge of the Supreme Court or Court of Appeal of the Northwest Territories designated by the Chief Justice for the purpose of a judicial screening under subsection 745.61(1) of the Criminal Code or to empanel a jury pursuant to subsection 745.61(5) of the Criminal Code as the circumstances require in respect of an application. (juge)

Application

2 An application shall be in writing and shall contain

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

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

• (c) a certificate from the court that convicted the applicant, setting out the sentence that is the subject of the application and the offence in respect of which it was imposed;

• (d) the applicant’s version of the facts of the offence that led to the sentence that is the subject of the application;

• (e) the grounds to be relied on in support of the application;

• (f) a statement of the relief sought;

• (g) the applicant’s address for service; and

• (h) an outline of any evidence, in addition to the applicant’s own testimony, that the applicant intends to present at the hearing of the application.

• 3 (1) An application shall be supported by an affidavit of the applicant as set out in Form A of the schedule.

• (2) An affidavit of an applicant shall be accompanied by a document, verified by the Solicitor General of Canada, that contains

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

  • (b) the applicant’s criminal record; and

  • (c) a description of any outstanding charges for which the applicant is awaiting trial or sentencing.

• (3) An application, together with an affidavit referred to in subsection (1), shall be filed with the Clerk.

• 4 (1) An applicant shall cause the application to be served on

  • (a) the Attorney General;

  • (b) the Solicitor General of Canada; and

  • (c) the officer in charge of the institution in which the applicant is detained.

• (2) Service of an application may be effected by registered mail, in which case it shall be deemed to have been effected on the tenth day after the day on which it was mailed.

• (3) Proof of service of an application may be established by filing with the Clerk an affidavit of the person who effected the service or by any other means satisfactory to the Chief Justice or judge according to the circumstances.

• (4) The service of an application on the Solicitor General of Canada and on the officer in charge of the institution in which an applicant is detained shall be for information purposes only and shall not be considered to make the Solicitor General of Canada or the officer a party to the application.

5 Where the Clerk receives proof of service of an application in accordance with section 4, the Clerk shall forward the application and the proof of service of the application to the Chief Justice.

6 A designation made pursuant to subsection 745.61(1) or 745.61(5) of the Criminal Code shall be in writing and shall be filed with the Clerk.

7 On receipt of an application, the Chief Justice or judge may, on their own initiative or on the request of the Attorney General, dismiss the application where the Chief Justice or judge determines that subsection 745.6(1) of the Criminal Code does not apply to the applicant.

8 If the Chief Justice or judge determines, under subsection 745.61(1) of the Criminal Code, that the applicant has shown that there is a reasonable prospect that the application will succeed, the Chief Justice or judge shall forward the application and the proof of service of the application to the judge designated under subsection 745.61(5) of the Criminal Code to empanel a jury to hear the application.

9 The judge designated under subsection 745.61(5) of the Criminal Code shall make all necessary arrangements with the applicant and the Attorney General for the conduct of the hearing, including the fixing of the date and place for the empanelling of a jury and the hearing of the application.

Orders

• 10 (1) In addition to any other order that a judge may make, the judge may make an order

  • (a) requiring the Attorney General to file a general outline of the evidence that the Attorney General intends to present at the hearing of an application;

  • (b) permitting the proof of facts by affidavit;

  • (c) requiring that an applicant be brought before the court; or

  • (d) requiring that, having regard to the matters referred to in subsection 745.63(1) of the Criminal Code, a parole eligibility report in respect of an applicant be prepared.

• (2) Where a judge makes an order pursuant to paragraph (1)(b), the judge may, on application, require the attendance of the deponent at or prior to the hearing of the application for the purpose of cross-examination on the affidavit.

• (3) Where a judge makes an order pursuant to paragraph (1)(c), section 527 of the Criminal Code applies with such modifications as the circumstances require.

• (4) Where a judge makes an order pursuant to paragraph (1)(d),

  • (a) the parole eligibility report in respect of an applicant shall be prepared by a person designated by the Solicitor General of Canada and shall contain

    • (i) a summary of the applicant’s social and family background,

    • (ii) a summary of the applicant’s classification and discipline evaluations,

    • (iii) a summary of the regular reports on the applicant’s conduct,

    • (iv) a summary of any psychological and psychiatric assessments that have been made of the applicant, and

    • (v) any other information relevant to a complete description of the applicant’s character and conduct;

  • (b) a copy of the parole eligibility report shall be delivered to the applicant, the Attorney General and the Clerk;

  • (c) the judge may make an order fixing the date by which the copy of the parole eligibility report must be delivered to the persons referred to in paragraph (b); and

  • (d) the judge may, on application within thirty days after the delivery of the parole eligibility report, make an order requiring the attendance of the author of that report at the hearing of the application for the purposes of cross-examination.

Hearing of Applications

• 11 (1) A jury referred to in subsection 745.61(5) of the Criminal Code shall be empanelled in accordance with Part XVII of that Act with such modifications as the circumstances require.

• (2) For the purposes of subsection (1), 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 that is the subject of the application.

12 At the hearing of an application, the applicant shall present evidence first and may, if the judge so permits, present rebuttal evidence after the evidence of the Attorney General is presented.

13 An applicant, but not counsel acting for the applicant, is a competent and compellable witness at the hearing of the application of the applicant.

• 14 (1) Certified transcripts of the proceedings at the trial and sentencing of the applicant, including all victim statements, shall be admissible in evidence at the hearing of an application.

• (2) Any information provided by a victim as defined in subsection 722(4) of the Criminal Code shall be admissible in evidence at the hearing of an application.

• (3) At the hearing of an application, the judge shall rule on the admissibility of evidence.

15 Where, at any time after the commencement of the hearing of an application, the judge determines that subsection 745.6(1) of the Criminal Code does not apply to the applicant, the judge shall dismiss the application and discharge the jury.

16 After the evidence is presented at the hearing of an application, the applicant, followed by the Attorney General, shall address the jury.

17 The judge, at the hearing of an application, shall address the jury after the addresses, if any, to the jury by the applicant and the Attorney General.

Orders and Directions

18 The judge may make any orders or give any directions that the judge considers necessary in the circumstances for the due hearing and disposition of an application, including, without restricting the generality of the foregoing, orders or directions with respect to

• (a) the extension or the abridgement of a time period;

• (b) the sufficiency of an application or any affidavit relating to an application;

• (c) the service and the proof of service of any document in relation to an application; and

• (d) the adjournment of the hearing of an application.

Coming into Force

19 These Rules come into force on September 1, 1998.