BACK

Note -The Revised Statutes of Canada 1985 renumbered the sections of the Criminal Code. Section 672(5) is now 5745(5).

1. An application under section 672(1) of the Criminal Code shall be made in writing to the Chief Justice of the Supreme Court of Prince Edward Island by filing the same with the Prothonotary of the Court at Charlottetown, Prince Edward Island, together with proof of service on all persons by these rules required to be served.
2. The application shall state:
(a)	The full name and date of birth and address for service of the applicant;
(b)	The date and place of his conviction and sentence to imprisonment for life without eligibility for parole until he has served more than 15 years of his sentence;
(c)	A complete statement of the applicant's criminal record at the time of the application for review;
(d)	The name of the institution in which the applicant is held at the time of the application and the names of all other institutions, if any, in which he has been confined since the date of imposition of sentence in respect of which the application is made together with the dates of such confinement;
(e)	The grounds on which the applicant relies in support of his application.
3. The application shall be supported by an affidavit of the applicant which verifies the facts set forth in the application, and the affidavit shall be filed with the application.
4. At least 30 days before the date of filing with the Prothonotary a copy of the application and supporting material shall be served on the following by registered mail:
(a)	The Solicitor General of Canada;
(b)	The officer in charge of the institution in which the applicant is confined.
5. Upon receipt of the application, the Chief Justice, if the application in writing appears to be in order, shall designate a judge of the Supreme Court to hear all interested parties to determine whether or not the applicant is a person to whom section 672(1) applies. If the applicant is found to be a person to whom section 672(1) applies, the designated judge shall order the empanelling of a jury to hear the application at the next regular statutory sittings of the court for the trial of criminal matters by judge and jury in the judicial district in which the applicant was convicted and sentenced to a term of imprisonment for life without eligibility for parole until he or she has served more than 15 years of the sentence.
6. The hearing of the application under rule 5 shall be held at least 30 days after the filing thereof, but the application before the jury for reduction in the parole eligibility period shall be heard at the time and place determined as provided for in rule 5.
7. Upon an application before a jury to determine whether the applicant's number of years of imprisonment without eligibility for parole ought to be reduced, the following procedures apply:
(a)	The applicant or counsel acting on his behalf shall be called on first to open the case and to call evidence in support of the application. After the close of the case for the applicant, counsel for each of the persons who have received notice in accordance with paragraph 4 these rules shall be entitled to open the case in opposition to the applicant's case and to call evidence in rebuttal.
(b)	At the close of the evidence counsel for the applicant shall address the jury first followed by counsel for any of the persons mentioned in paragraph 4 of these rules. Counsel for the applicant shall have the right to reply.
(c)	Upon the hearing of the application the judge may allow such inquiries to be made of and concerning the applicant as he considered necessary and desirable and the jury may base its decision upon evidence considered relevant by the judge.
(d)	Any documents forming part of the record of the proceedings at which the applicant was convicted and sentenced may be produced to the jury hearing the application.
(e)	The judge presiding at the hearing of the application shall instruct the jury on all matters of law relating to their duty and in particular on the provisions of section 672(2) of the Criminal Code.
8. The service of any documents required to be served by these rules may be effected by prepaid registered mail and in such case shall be deemed to have been served on the 5th day following the date of mailing.
9. All orders may be made and directions given as may be necessary for the due hearing and disposition of an application including orders or directions with respect to:
(a)	The enlargement or abridgment of time;
(b)	The sufficiency of an application and supporting material;
(c)	Any other matters not provided for in these rules.
10. Applications shall be in accordance with Form A appended to these rules or in similar form.
This rule is made pursuant to section 672 of the Criminal Code of Canada the__________ day of___________1985, by The Honourable John P. Nicholson, Chief Justice of Prince Edward Island, and is effective immediately upon proclamation in the Canada Gazette and the Royal Gazette of Prince Edward Island.
TOP