Civil Procedure Rules of Nova Scotia  
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Part 14 - Appeal and Judicial Review (Criminal Code)

Rule 65 - Application to Reduce Parole Ineligibility

Scope of Rule 65
65.01 (1) This Rule is made under subsection 745.64(1) of the Criminal Code.
  (2) A prisoner who is entitled under the Criminal Code to apply for a reduction in years of imprisonment without eligibility for parole, may make the application in accordance with this Rule.
       
Other Rules apply
65.02   All Rules outside this Rule apply to the extent that they provide procedures suitable to an application for reduction of parole ineligibility and are not inconsistent with the Criminal Code or this Rule.
       
Heading
65.03 (1) A document filed under this Rule must contain a standard heading in Form 65.03.
  (2) The year to be stated in the heading must be the year in which the application for a reduction is filed, and the registry number must be left blank for assignment by the prothonotary.
       
Starting application
65.04 (1) A person may start an application under section 745.6 of the Criminal Code by filing an application with the prothonotary at Halifax for reduction of parole ineligibility.
  (2) The application must name the Attorney General of Nova Scotia as the respondent, contain a standard heading written in accordance with Rule 65.03, be entitled “Application for Reduction of Parole Ineligibility”, be dated and signed, and include all of the following:
   
(a)
the applicant’s full name and date of birth;
   
(b)
a notice to the Chief Justice that the applicant applies for a reduction of parole ineligibility;
   
(c)
a description of the offence and the sentence that are the subjects of the application, including the place of the trial or guilty plea, the date of conviction, and the date of sentencing, and the period of parole ineligibility;
   
(d)
the name and place of each institution in which the person has been detained since the time the applicant was charged with the offence that is the subject of the application and the date of the applicant’s entry into each of those institutions;
   
(e)
information about any sentence, in addition to the sentence that is the subject of the application, that the applicant is serving including the date and place of the imposition of the sentence and details of the offence for which the sentence was imposed;
   
(f)
the reduction the applicant seeks;
   
(g)
a concise statement of the grounds relied on in support of the application;
   
(h)
an address for delivery.
  (3) The application for reduction of parole ineligibility may be in Form 65.04.
       
Affidavit
65.05 (1) The applicant must file with the prothonotary at Halifax an affidavit entitled “Affidavit Supporting Application”, in which the applicant swears or affirms that the facts stated in the application are true to the best of the applicant’s personal knowledge, or information and belief.
  (2) The affidavit may be in Form 65.05.
       
Notice
65.06 (1) The person who files an application for a reduction in parole ineligibility must immediately notify the following persons of the application:
   
(a)
the respondent, the Attorney General of Nova Scotia;
   
(b)
the Solicitor General of Canada;
   
(c)
the person in charge of the penitentiary or other institution in which the person making the application is held.
  (2) The notice must be given by one of the following methods:
   
(a)
delivery of a certified copy of the application for reduction of parole ineligibility, and a copy of the affidavit, to the respondent and the Solicitor General by registered mail to the offices of each in Halifax and to the person in charge of the penitentiary or other institution by registered mail to the address of the penitentiary or other institution;
   
(b)
making delivery, or otherwise providing notice, in accordance with the provisions of Rule 31 - Notice, for giving notice of a proceeding to a party.
  (3) The applicant must file an affidavit proving notice not more than five days after the day the application is filed.
       
Review for compliance with s.745.6 of Code
65.07 (1) The Chief Justice, after receipt of the application and before it is determined whether there is a reasonable prospect that the application will succeed, may conduct a preliminary review of the application.
  (2) The Chief Justice, after completing a preliminary review, may dismiss the application in either of the following circumstances:
   
(a)
the applicant is not permitted under subsection 745.6(2) of the Criminal Code to make the application, because the applicant has been convicted of more than one murder;
   
(b)
the applicant does not meet all of the conditions for entitlement to make the application in subsection 745.6(1) of the Criminal Code.
       
Review for reasonable prospect of success
65.08   The Chief Justice, or a judge designated by the Chief Justice under subsection 745.61(1), who determines whether there is a reasonable prospect of success in accordance with section 745.61 must notify the parties of the determination.
       
Order after review
65.09 (1) An application that does not comply with section 745.6 or does not have a reasonable prospect of success may be dismissed by order, and the order may include terms for a new application in accordance with subsection 745.61(3).
  (2) An application that is not dismissed under sections 745.6 or 745.61 may be continued by order of the Chief Justice designating a presiding judge in accordance with subsection 745.61(5).
       
Place of hearing, motion, and proceeding
65.10 (1) A jury must be empanelled at the place where the conviction was entered, unless the presiding judge directs otherwise.
  (2) The presiding judge may give directions about the place at which motions may be made.
  (3) The court record must be maintained at the office of the prothonotary in charge at the place where the jury is to be empanelled and, if that is not Halifax, the prothonotary at Halifax must deliver the records to the prothonotary in charge.
       
Notice and attendance of applicant
65.11 (1) Notice of the time, date, and place for selection of a jury and hearing of the application must be given by the prothonotary in writing.
  (2) The written notice may be delivered to the following parties, at the following addresses:
   
(a)
the Attorney General, at the Halifax office of the Public Prosecution Service or an address designated in writing by the Director of Public Prosecutions;
   
(b)
the Solicitor General, at the Halifax office or an address designated in writing by counsel for the Solicitor General;
   
(c)
the applicant, at the address of the officer in charge of the institution where the applicant is detained, an address designated by counsel for the applicant in a notice or other document referred to in Rule 33.02(1), of Rule 33 - Counsel, or, if counsel requires, both addresses.
  (3) The presiding judge may make an order under Rule 50.06, of Rule 50 - Subpoena, to secure the attendance of the applicant at a pre-hearing conference, the hearing of a motion on the application, or the selection of a jury and hearing of the application.
       
Parole eligibility report
65.12 (1) The presiding judge may order the Solicitor General to provide a new parole eligibility report for use on the hearing of the application before a jury.
  (2) The order may provide that the report is to be prepared by a person who the Solicitor General is satisfied has the necessary knowledge and skill.
  (3) The report must contain summaries of all of the following kinds of information about the applicant:
   
(a)
social and family background;
   
(b)
classification and discipline evaluations;
   
(c)
regular reports on conduct;
   
(d)
psychological or psychiatric assessments;
   
(e)
other relevant information about character, conduct, and parole eligibility.
  (4) The report must be delivered to the prothonotary, and the prothonotary must deliver copies to the parties.
  (5) The presiding judge must set a time, date, and place to hear objections to the admissibility of parts of the report.
  (6) The person who prepares the report must be available for cross-examination when the objection is heard, unless the presiding judge orders otherwise.
  (7) The presiding judge must decide whether an objected part is to be excluded from the hearing before the jury.
  (8) The judge may order that a person who is a source of information stated in a parole eligibility report be present for cross-examination at the hearing before the jury.
       
Pre-hearing conference
65.13 (1) The presiding judge must set a time, date, and place for a conference to prepare for the hearing of the application.
  (2) The judge may delay setting a time, date, and place until after a parole eligibility report is delivered and an objection to the report is determined.
  (3) The judge may give directions on any of the following subjects:
   
(a)
obtaining compliance with these Rules;
   
(b)
means of presenting evidence;
   
(c)
disclosure by each party;
   
(d)
the time, date, and place when and where the jury is to be empanelled and the hearing is to start.
       
Empanelling jury
65.14   A jury may be empanelled as a jury is empanelled for an indictment under Part XX of the Criminal Code and the Juries Act (Nova Scotia), with the applicant and the Attorney General having the number of peremptory challenges they would have on a trial of an indictment for the offence for which the applicant was sentenced.
       
Documents without sponsor
65.15   Each of the following documents may be admitted on proof, or admission, that the document is authentic:
   
(a)
the parts of a parole eligibility report not excluded;
   
(b)
a transcript of parts, or all, of the trial of the indictment or sentencing hearing that led to the sentence about which the application is made;
   
(c)
a victim’s statement entered at the sentencing hearing or submitted for the application in accordance with section 745.63.
       
Order of presentation
65.16 (1) The order of presentations at the hearing must be as follows, unless the presiding judge directs otherwise:
   
(a)
the applicant opens the applicant’s case with a brief speech;
   
(b)
the applicant calls witnesses and closes the applicant’s case without a speech;
   
(c)
the Attorney General opens the case for the Attorney General with a brief speech, if the Attorney General chooses to present evidence;
   
(d)
the Attorney General calls witnesses and closes the Attorney General’s case;
   
(e)
the parties tender the exhibits proved by each;
   
(f)
the Attorney General speaks to the jury first, unless the Attorney General does not call a witness;
   
(g)
the applicant speaks second, or first if the Attorney General does not call a witness.
  (2) The presiding judge may give directions for the conduct of the hearing, and the directions prevail over directions given under Rule 65.13(3).
       

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