| 8. On receipt of an application, the Chief Justice shall determine whether subsection 745(1) of the Criminal Code applies to the applicant and | ||
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(a)
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where the Chief Justice determines that the provision applies to the applicant, shall designate a judge of the Supreme Court of Nova Scotia, Trial Division, to empanel a jury to hear the application; or | |
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(b)
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where the Chief Justice determines that the provision does not apply to the applicant, shall dismiss the application. | |