Short Title

1 These Rules may be cited as the Manitoba Rules of Practice Respecting Reduction in the Number of Years of Imprisonment Without Eligibility for Parole.

Interpretation

2 In these Rules,

applicant

applicant means a person who makes an application and includes, according to the context, counsel acting for that person; (demandeur)

application

application means an application made by an applicant pursuant to subsection 672(1) of the Criminal Code; (demande)

Attorney General

Attorney General means the Attorney General of Manitoba 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 Manitoba; (juge en chef)

judge

judge means the judge of the Court of Queen’s Bench for Manitoba designated by the Chief Justice to empanel a jury pursuant to subsection 672(2) of the Criminal Code in respect of an application; (juge)

Registrar

Registrar means, in respect of an application, the Registrar of the Court of Queen’s Bench for Manitoba for the judicial centre in which the sentence that is the subject of the application was imposed. (registraire)

Application

3 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 place of the institution in which the applicant is detained;

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

• (d) the applicant’s version of the facts of the offence 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.

• 4 (1) An application shall be supported by an affidavit of the applicant in Form A.

• (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 place of each institution in which the applicant has been detained since the time of the applicant’s arrest for the offence that is the subject of the application and the date of 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 Registrar.

• 5 (1) An applicant shall cause the applicant’s 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 Registrar an affidavit of the person who effected the service or by any other means satisfactory to the Chief Justice.

6 Where a Registrar receives proof of service of an application in accordance with section 5, the Registrar shall deliver the application and the proof of service of the application to the Chief Justice who shall forward the application and the proof of service of the application to the judge.

7 On receipt of an application, the judge may, on the judge’s own initiative or on the request of a person served pursuant to subsection 5(1), dismiss the application where the judge determines that subsection 672(1) of the Criminal Code does not apply to the applicant.

8 In respect of an application, the judge shall make all necessary arrangements with the applicant and the Attorney General for the conduct of the hearing, including the fixing of the date for the empanelling of a jury and the hearing of the application.

Orders

• 9 (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 a parole eligibility report in respect of an applicant and having regard to the matters referred to in subsection 672(2) of the Criminal Code 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 460 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 Registrar;

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

  • (d) the judge may, on application within 21 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

10 A jury referred to in subsection 672(2) of the Criminal Code shall be empanelled in accordance with Part XVII of that Code with such modifications as the circumstances require.

11 No person other than the applicant and the Attorney General may present evidence at the hearing of an 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 is a competent and compellable witness at the hearing of the application of the applicant.

• 14 (1) A duly certified transcript of the proceedings at the trial and sentencing of the applicant shall be admissible in evidence at the hearing of an application.

• (2) At the hearing of an application, the judge may allow the presentation of any evidence that the judge considers credible or trustworthy in the circumstances.

15 Where, at any time after the commencement of the hearing of an application, the judge determines that subsection 672(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 address to the jury, if any, by the applicant and the Attorney General.

Orders and Directions

18 A judge may make any orders or give any directions that the judge considers necessary 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 prelation to an application; and

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

  FORM A
  

  CANADA

  PROVINCE OF

  

  Application of (given names and surname of the applicant) made pursuant to section 672 of the Criminal Code

  

  AFFIDAVIT

  I, the undersigned, (given names and surname of the applicant), currently detained at (name and place of the institution), in the Province of , make oath and say as follows:

  1. I am the applicant.

  2. The facts set out in the attached application are true.

  (Signature of applicant)

  Sworn before me on , 19, at in the Province of

  Commissioner for Oaths