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Determination

8. On receipt of an application, the Chief Justice shall determine whether subsection 745(1) of the Criminal Code applies to the applicant and
 (a)
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
 (b)
where the Chief Justice determines that the provision does not apply to the applicant, shall dismiss the application.