Constitutional Questions Regulations, C-29.01 Reg 1

1 CONSTITUTIONAL QUESTIONS C-29.01 REG 1 The Constitutional Questions Regulations being Chapter C-29.01 Reg 1 (effective February 1, 2021). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 C-29.01 REG 1 CONSTITUTIONAL QUESTIONS Table of Contents 1 Title Appendix 2 Definitions Form A Notice of Application for a Court-appointed Lawyer 3 Application for court-appointed lawyer Form B Waiver 4 Coming into force 3 CONSTITUTIONAL QUESTIONS C-29.01 REG 1 CHAPTER C-29.01 REG 1 The Constitutional Questions Act, 2012 Title 1 These regulations may be cited as The Constitutional Questions Regulations. Definitions 2 In these regulations: “Act” means The Constitutional Questions Act, 2012; (« Loi ») “Form” means a form set out in the Appendix. (« formule ») 22 Jan 2021 c C-29.01 Reg 1 s2. Application for court-appointed lawyer 3(1) An application made pursuant to section 15.3 of the Act for a court-appointed lawyer must be: (a) made in Form A; and (b) accompanied by: (i) a letter from Legal Aid Saskatchewan stating that the applicant is not eligible for legal aid; or (ii) a completed waiver in Form B. (2) Subject to subsections 17(1) and (2) of the Act, notice of the application must be served in one of the following manners: (a) by ordinary mail; (b) by registered mail; (c) by facsimile transmission; (d) by any other manner of electronic messaging that produces a written record. 22 Jan 2021 c C-29.01 Reg 1 s3. Coming into force 4(1) Subject to subsection (2), these regulations come into force on the day on which section 9 of The Queen’s Bench Amendment Act, 2016 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 9 of The Queen’s Bench Amendment Act, 2016 comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 22 Jan 2021 c C-29.01 Reg 1 s4. 4 C-29.01 REG 1 CONSTITUTIONAL QUESTIONS Appendix FORM A [Clause 3(1)(a)] PART 1 Notice of Application for a Court-appointed Lawyer This notice is given pursuant to section 15.3 of The Constitutional Questions Act, 2012 (Saskatchewan). _______________________________________________________________________________ (Print your Full Name including middle name) Contact Information: Address ______________________________________________________________ Telephone ______________________________________________________________ Email (optional) ______________________________________________________________ Date of Birth ______________________________________________________________ Take notice that I make application to obtain a remedy pursuant to section 24(1) of the Canadian Charter of Rights and Freedoms and ask that this application be heard on my next appearance before the Court on ____________________________ at ___________ in _________________, Saskatchewan, (Month/Day/Year) (Time) (City/Town) at (check which Court you will be attending): Provincial Court Court of Queen’s Bench Below, I have listed all of the charges and/or information numbers for which I seek a lawyer to represent me: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 1. Will Legal Aid Saskatchewan assign a lawyer for you? YES NO If you answered “Yes”, please note that the Court may decide that you do not qualify for a court-appointed lawyer if Legal Aid Saskatchewan is available to represent you. 2. Attached to my application is a copy of: (Check one.) Notice of Ineligibility from Legal Aid Saskatchewan. Notice of Termination from Legal Aid Saskatchewan. Notice of Denial from Legal Aid Saskatchewan. Other (please explain) _________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Please ensure that a copy of the letter you received from Legal Aid Saskatchewan is attached to your application. 5 CONSTITUTIONAL QUESTIONS C-29.01 REG 1 3. Why do you believe that you need a lawyer to represent you? (Check all that apply.) I have no money to hire a lawyer. I do not feel capable of representing myself. The Crown has said that it may seek a jail sentence if I am found guilty. I believe this is a complex matter. Other (please explain) _________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Date (Sign above the line) ________________________________________ (Print your name) 6 C-29.01 REG 1 CONSTITUTIONAL QUESTIONS PART 2 Financial Information Are you currently in a correctional centre? YES NO If you are currently in a correctional centre and do not earn any income, you may not need to provide detailed financial information. Number and Ages of Dependants: ____________________________________________ Income Do you receive social assistance? YES NO Do you receive Band assistance? YES NO If you receive social assistance or Band assistance, you do not need to complete the remainder of this Form. Amount ($) Monthly Salary after deductions ____________________ (Please bring pay stubs to prove these amounts) Total Household Income ____________________ Other Sources of Income (Other sources of financial support, including family.) ____________________ Total Income: _ ___________________ Expenses Amount ($) Rent / Mortgage ____________________ Utilities ____________________ Child Care ____________________ Food ____________________ Clothing ____________________ Transportation ____________________ Debts or Debt Payments ____________________ Child / Spousal Support you pay ____________________ Other (Specify) ____________________________________________ ____________________ Other (Specify) ____________________________________________ ____________________ Other (Specify) ____________________________________________ ____________________ Total Expenses: _ ___________________ 7 CONSTITUTIONAL QUESTIONS C-29.01 REG 1 Assets Value ($) Cash / Savings ____________________ Stocks / Shares / Bonds / RRSP / etc. ____________________ Accounts Receivable (Money owed to you) ____________________ Property / Real Estate ____________________ Vehicles (Specify) ____________________ _______________________________________________ Farm Assets ____________________ Business Assets ____________________ Child / Spousal Support you pay ____________________ Other (Specify) ____________________________________________ ____________________ Other (Specify) ____________________________________________ ____________________ Other (Specify) ____________________________________________ ____________________ Total Assets: _ ___________________ 8 C-29.01 REG 1 CONSTITUTIONAL QUESTIONS FORM B [Clause 3(1)(b)] Waiver (Complete this waiver if you do not have a letter from Legal Aid Saskatchewan or if you have not included the letter with your application for a court-appointed lawyer.) I, ___________________________________ of _____________________ , Saskatchewan, (Print Name) (City / Town) hereby authorize and direct Legal Aid Saskatchewan and its lawyers involved in my representation to release to: (a) the Court dealing with my charges; (b) the Attorney General of Canada; (c) the Attorney General for Saskatchewan (Court Services); and (d) _________________________________________ ; any written notices outlining my status with Legal Aid Saskatchewan, including: (1) any Notice of Ineligibility; (2) any Notice of Termination; and (3) any Notice of Denial; for my application for a court-appointed lawyer on ________________________________ (Month/Day/Year) at ____________________________________ at ___________________ , Saskatchewan. (Address of Courthouse) (City/Town) Date (Sign above the line) ________________________________________ (Print your name) 22 Jan 2021 c C-29.01 Reg 1. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2021