BACK PREVIOUS SECTION NEXT SECTION BACK PREVIOUS SECTION NEXT SECTION | 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)
|
the offence that is the subject of the application, the date of conviction and the sentence imposed; | |
|
(d)
|
the length of time the applicant has been imprisoned for the offence that is the subject of the application; | |
|
(e)
|
the grounds to be relied on in support of the application; | |
|
(f)
|
the relief sought; | |
|
(g)
|
the applicant's address for service; and | |
|
(h)
|
an outline of any evidence that the applicant intends to present at the hearing of the application. | |
| 4. An application shall be filed with the clerk. | ||
| 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 clerk an affidavit of the person who effected the service or by any other means satisfactory to the clerk. | ||
| (4) The service of an application on the Solicitor General of Canada or 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. | ||
| 6. Where a clerk receives proof of service of an application in accordance with subsection 5(3), the clerk shall deliver the application accompanied by the proof of service to the Chief Justice who shall forward 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 the Attorney General, dismiss the application where the judge determines that subsection 745(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. | ||
|
TOP
| ||