Form 20 (CSR-20) – Application for Review of Parole Ineligibility

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 20 (CSR-20) – Application for Review of Parole Ineligibility?

Form 20 (CSR-20) is the standard court form you use to ask the Superior Court of Justice in Ontario to review the period you must serve before you can apply for parole. It is part of the Criminal Proceedings Rules that govern criminal applications in the Superior Court. In plain terms, you use this form to start what is often called a “faint hope” application.

You file Form 20 when you want a judge, and possibly a jury, to consider shortening the years of parole ineligibility attached to your life sentence. The form triggers a two-stage court process set out in the Criminal Code. First, a judge decides if your application has a reasonable prospect of success. If it does, a jury may be empanelled to decide whether to reduce your parole ineligibility and, if so, to what new number of years.

Who typically uses this form?

People serving life sentences for murder or high treason who meet statutory criteria. Most applicants are individuals convicted and sentenced in Ontario. Counsel often prepares and files the form for the applicant. Self-represented applicants can file it themselves from custody.

Why would you need this form? Because your parole eligibility date is fixed by law and the sentencing court’s order. You cannot ask the Parole Board to hear your case before that date unless the Superior Court first reduces your ineligibility period. This form is the mandatory first step to ask for that reduction.

Common usage scenarios

• You were convicted of first-degree murder before December 2, 2011. You have now served at least 15 years. You seek leave to apply to a jury to reduce your 25-year parole ineligibility.
• You were convicted of second-degree murder before December 2, 2011. The sentencing judge set your parole ineligibility at more than 15 years. You have now served at least 15 years and want a review to lower that number.
• You received consecutive parole ineligibility periods for multiple murders, and you qualify under the law to seek a reduction after serving a set minimum. You want the court to consider reducing the stacked ineligibility.
• You filed a prior review application and were refused. The waiting period set by law or by the earlier decision has now passed. You want to try again.

This application does not grant parole. It does not decide release. It only asks the court to reduce the time before you can ask the Parole Board to consider parole. If the court reduces your ineligibility, you still must satisfy the Parole Board that you can be safely managed in the community.

Form 20 is a formal court document. It uses your original criminal case style (R. v. [Your Name]) and court file number. It lists your conviction, sentence, parole ineligibility, the legal basis for review, and the orders you seek. You attach affidavits and exhibits that show your conduct in custody, efforts at rehabilitation, plans in the community, and any other material that supports your case.

When Would You Use a Form 20 (CSR-20) – Application for Review of Parole Ineligibility?

You use this form only in narrow circumstances. The Criminal Code sets strict eligibility rules. In general, the faint hope process applies to people who committed murder or high treason before December 2, 2011. If you committed your offence after that date, you cannot use this process. If you were convicted before that date, but the offence happened after, you cannot use it either. The key date is when the offence occurred.

Timing matters. For first-degree murder and high treason, you can apply after you have served 15 years. For second-degree murder, you can apply after you have served 15 years if the sentencing judge set your parole ineligibility at more than 15 years. If your ineligibility is 15 years or less, there is nothing to reduce. For multiple murders with consecutive ineligibility periods, you can apply after the minimum set by the Criminal Code for that situation.

You also use Form 20 when you have already applied and been refused, but you are now allowed to reapply. The law sets waiting periods after a refusal. A judge who screens your application can set a new waiting period. A jury that refuses to reduce can also set a waiting period before you can try again. When that period is over, you can file a new Form 20.

Where you file matters. You generally file in the Superior Court of Justice for the region where you were convicted and sentenced. If you were convicted in Ontario but are now incarcerated in another province, your venue usually remains Ontario. If you were convicted in another province, you do not use Ontario’s Form 20. You must use the process in the province of conviction.

Typical users include

• Incarcerated individuals serving life sentences who qualify under the faint hope rules.
• Criminal defence counsel acting for those individuals.
• Duty counsel or clinic lawyers assisting self-represented applicants to complete and file the form.

Victims, family members, and the Crown do not file this form. They receive notice and may participate in the process. The Parole Board does not use this form. The Board has no role until the court process is complete.

Practical Examples

• You were convicted of first-degree murder in 2006 in Toronto and received life with 25 years of parole ineligibility. You have served 17 years with strong institutional conduct and programs. You prepare Form 20 to seek leave for a jury review.
• You were convicted of second-degree murder in 2003 in Ottawa. The sentencing judge set parole ineligibility at 20 years. You have served 16 years. You file Form 20 to ask the court to reduce the 20-year period.
• You applied in 2019, and the screening judge refused leave and set a four-year waiting period. It is now 2024. You file a new Form 20 to restart the process with updated evidence.

Legal Characteristics of the Form 20 (CSR-20) – Application for Review of Parole Ineligibility

This is a formal criminal court application. It is legally binding because it is made under the Criminal Code and the Criminal Proceedings Rules of the Superior Court of Justice. When you file and serve it properly, the court has jurisdiction to consider your request. If the court reduces your parole ineligibility, that order binds the Correctional Service and the Parole Board in calculating your eligibility date. The order changes the legal framework that governs when the Parole Board may hear your case.

The process has two stages. First is judicial screening. A judge reviews your materials and decides whether there is a reasonable prospect of success if a jury hears your case. If the judge refuses leave, your application ends for now. The judge can set a waiting period before you may re-apply. If the judge grants leave, a jury is empanelled to hear your application. The jury hears evidence and submissions. The jury decides whether to reduce your parole ineligibility. If it decides to reduce, it sets a new number of years. If it decides not to reduce, the original ineligibility stands.

Several features ensure enforceability

• Jurisdiction: You file in the correct court with the correct style of cause and file number. The court’s authority flows from statute and its rules.
• Procedure: You comply with the Rules on form, content, filing, and service. You give proper notice to the Crown. The court may also direct other notices.
• Evidence: You support your application with sworn evidence and exhibits. Affidavits are signed before a commissioner or notary. You identify and attach your record of conviction and sentencing.
• Orders: The court issues formal orders. These orders are entered on the court record. Corrections and parole authorities rely on those orders when administering your sentence.

General legal considerations

• Parole ineligibility is part of your sentence. Only the statutory review mechanism allows a change. Nothing else can shorten the ineligibility period.
• A reduction does not guarantee parole. It only permits the Parole Board to consider you earlier. You still must meet the Board’s risk-based standard.
• Victims may be notified and may participate under the law. Victim impact information can be considered.
• Some proceedings may be subject to publication limits or protections for juror identity. Respect court directions on confidentiality.
• If you are in custody, you will receive assistance to swear affidavits and file documents through institutional channels. Plan for mail and processing time.

Finally, the faint hope process does not apply to offences committed on or after the cut-off date. If your offence occurred after that date, the court has no jurisdiction to reduce your parole ineligibility under this mechanism.

How to Fill Out a Form 20 (CSR-20) – Application for Review of Parole Ineligibility

Approach this like any formal court filing. Be clear, complete, and accurate. Keep your sentences factual. Avoid argument in the form itself; save it for your supporting affidavit and brief.

Before you start

• Confirm eligibility. Ensure your offence date qualifies. Confirm you have served the required minimum. Check if any waiting period from a prior refusal has expired.
• Identify the right court location. Use the Superior Court of Justice region where you were tried and sentenced.
• Gather your record. Collect your indictment, conviction, and sentencing documents. Get your institutional record, certificates, work reports, and any psychological or psychiatric assessments you intend to rely on. Prepare a release plan with community supports.

Step 1: Complete the heading (Style of cause and file number)

• Court: Write “Superior Court of Justice.”
• Judicial region and location: Insert the region and courthouse where you were convicted.
• Court file number: Use your original criminal file number if available. If you do not have it, contact the court office to confirm.
• Style of cause: Use your original case style, usually “R. v. [Your Full Name].”
• Parties: Identify yourself as “Applicant.” The Crown is “Respondent.”

Accuracy in the heading helps the court link your application to the original criminal record.

Step 2: Identify the applicant

• Full legal name and any aliases used in the criminal proceedings.
• Current place of custody, including institution name and address.
• Date of birth and correctional services number (if applicable). This helps the court and Crown match your records.
• Contact information for you or your lawyer. If you have counsel, include firm address, phone, and email. If you are self-represented, provide the institution’s mailing details as your address for service.

Step 3: State the conviction and sentence

• Offence(s) of conviction. Specify the count(s), the offence name (e.g., first-degree murder), and the Criminal Code section if known.
• Date of conviction and date of sentence.
• Court location and presiding judge at sentencing.
• Sentence imposed. State “life imprisonment” and the period of parole ineligibility (e.g., 25 years).
• If there were multiple murders with consecutive ineligibility, state each period and the total.

Attach as an exhibit a certified copy of the Information or Indictment, the Jury Verdict (if any), and the Sentencing Endorsement or Reasons for Sentence. Label each exhibit clearly.

Step 4: Set out the statutory basis and relief sought

• Cite the statutory authority for a review of parole ineligibility for your offence and sentence. Write that you are applying for a review of parole ineligibility under the Criminal Code.
• State the orders you seek. For example:
• An order granting leave to proceed to a jury hearing to review parole ineligibility.
• If leave is granted, an order empanelling a jury to consider reducing the period of parole ineligibility.
• Any ancillary directions, such as scheduling, production of records, or publication protections required by law.
• If you seek a specific new ineligibility period, state it clearly. For example, “A reduction of the period of parole ineligibility from 25 years to 17 years.”

Step 5: Provide grounds for the application

Keep the grounds concise in the form. You will provide details in your affidavit and supporting brief. Appropriate grounds often include:

• Your conduct in custody, including program completion, employment, and discipline record.
• Insight into the offence, remorse, and steps taken to address the causes of the offence.
• Psychological or psychiatric assessments that address your risk and progress.
• A detailed and realistic release plan, including housing, employment, treatment, supervision, and community supports.
• Letters of support from family, mentors, employers, or community organizations.
• Any material change since sentencing or since a prior application.

State that you rely on your affidavit and attached exhibits, and any further materials the court may permit.

Step 6: Attach supporting materials as schedules or exhibits

Your affidavit is the backbone of your application. Draft it carefully. It should:

• Tell your personal history relevant to risk and rehabilitation.
• Describe your conduct in custody and programs completed.
• Explain your insight and remorse without re-trying the case.
• Outline your release plan.
• Attach exhibits that prove your statements.

Common exhibits include

• Certified court records: indictment, conviction, sentencing reasons, and endorsements.
• Correctional records: case management reports, program completion certificates, work evaluations, and discipline logs.
• Psychological or psychiatric reports, if available.
• Education and training certificates.
• Employment letters or conditional job offers.
• Housing commitments or letters from prospective sponsors.
• Letters of support from family and community.
• Any other material you want the jury to see.

Label each exhibit (e.g., “Exhibit A: Certified Copy of Sentencing Endorsement”). Paginate your materials. Include an index so the court and Crown can navigate your record.

Step 7: Signatures and commissioning

• Sign the Form 20 where it asks for the applicant’s signature and date.
• If counsel signs on your behalf, counsel includes their name, address, phone, and email.
• Swear or affirm your affidavit before a commissioner for taking affidavits or a notary. If you are incarcerated, the institution can arrange this. The commissioner signs and stamps each jurat.
• If you include third-party affidavits, each deponent must swear or affirm before a commissioner, with exhibits attached.

Step 8: Filing and service

• File the completed Form 20 and your supporting affidavit(s) and exhibits with the criminal office of the Superior Court of Justice at the correct courthouse.
• File enough copies. Keep a stamped copy for your records.
• Serve the Crown. Deliver a full copy to the Crown Attorney’s office for the region of conviction. If your case involved federal prosecution interests, also serve the appropriate federal Crown. Follow any service directions in the Rules or given by the court.
• If the court directs, serve Correctional Service authorities. The court may also order other notices, such as to victims through the Crown.
• Prepare and file proof of service (an affidavit of service) for each party you served.

There is typically no filing fee for criminal applications. Confirm local filing practices with the court office. If you are in custody, build in time for institutional mail.

Step 9: After filing

• The court assigns a judge to screen your application. The Crown may file responding materials. You may be asked to provide more information.
• The judge decides whether your materials show a reasonable prospect of success. If leave is refused, the judge may set a waiting period before you can re-apply. If leave is granted, the court will schedule steps to empanel a jury.
• For the jury hearing, be ready to present your evidence. Witnesses can testify. Your affidavit and exhibits form part of the record. The Crown may call evidence, and victims may present information as allowed by law.
• The jury decides whether to reduce your parole ineligibility. If it reduces, it sets a new number of years. The court issues an order reflecting the jury’s decision. That order changes your eligibility date. If there is no reduction, the original ineligibility remains.

Practical tips for completing the form

• Be precise. Dates, locations, and sentence details must match the court record.
• Keep the form itself clear and lean. Put your narrative in your affidavit.
• Use typed text if possible. If you must write by hand, print clearly in dark ink.
• Use consistent names. Match the spelling in your indictment and judgment.
• Protect privacy. Do not include sensitive third-party information unless necessary and permitted. Ask the court for directions if you must file confidential material.
• Plan your record. A well-organized brief helps the judge and jury follow your progress and plan.

What not to include

• Do not re-argue your trial. The jury is not re-deciding guilt.
• Do not minimize the harm or the offence. Acknowledge the seriousness.
• Do not include unsworn letters or reports without context. If you rely on them, attach them as exhibits to a supporting affidavit from someone who can explain them.

If you need to amend

• If you discover an error or want to add exhibits, prepare an amended Form 20 or a supplementary affidavit. File and serve the amendment promptly. Ask the court for leave to file late material if required.

If you have counsel, they will manage these steps. If you are self-represented, the court office can tell you about filing mechanics, but cannot give legal advice. Focus your materials on your progress, your insight, and a safe, realistic plan for the community.

Legal Terms You Might Encounter

• You will see the term parole ineligibility throughout Form 20 (CSR-20) — Application for Review of Parole Ineligibility. This means the part of your sentence you must serve before you can seek parole. On the form, you identify the ineligibility period you want the court to review.
• Judicial review is the court process you start with this form. You ask a judge to review the parole ineligibility period that applies to your sentence. In the form, you state the relief you want and the grounds for asking.
• Applicant means you, the person filing the application. If you have a lawyer, they sign and file on your behalf. If you represent yourself, you remain the applicant and handle the steps listed on the form.
• Respondent is the party who responds to your application. In this type of case, the respondent is typically the prosecution side of the state. On the form, you must correctly name and list the respondent’s contact details for service.
• Relief sought is what you are asking the court to order. In Form 20 (CSR-20), you will state the specific change you want to your parole ineligibility. Keep it clear and measurable so the order can reflect it.
• Grounds are the reasons that support your request. They are not your full evidence. They are the main points that show why the court should grant the relief you seek. You list those grounds in the form and provide details in your supporting materials.
• Supporting materials are documents you file with the form. They can include affidavits, exhibits, case history, correctional records, programming records, and any risk or treatment assessments you rely on. The form prompts you to identify what you will file with it.
• An affidavit is a sworn statement of facts. If you include affidavits, you attach them as part of your application record. The person swearing the affidavit must sign it before a commissioner for taking affidavits.
• Service means delivering your filed materials to every required party. The form includes space for addresses and service details. You must follow the service rules and keep proof of service.
• Filing means submitting your documents to the court. You file the original signed Form 20 (CSR-20) with supporting materials. You keep copies for service and for your own records. The court will assign or confirm a file number.
• A hearing is the court date where a judge considers your application. The form asks for scheduling details or gives instructions on how the court will set the time and place. You must attend the hearing or have your lawyer attend.
• An order is the judge’s written decision. If the court reduces your parole ineligibility, the order confirms the new terms. You or the court office may need to serve the signed order on the required parties.

FAQs

Do you need a lawyer to file Form 20 (CSR-20)?

You do not need a lawyer, but this process can be complex. You must prepare evidence, meet service rules, and present your case clearly. If you do not have counsel, follow the form’s instructions with care and keep a checklist.

Do you need an affidavit with your application?

Yes, you typically need sworn evidence. Your affidavit supports the grounds you list in the form. Use it to explain your history, progress, plans, and any risk-reduction steps you have taken. Attach relevant records as exhibits.

Do you have to include a parole plan?

A clear plan helps the court understand your support and structure. Include housing, employment or training, supervision, and community programs. Attach letters of support where possible. This shows how you will manage risk and comply with conditions.

Do you have to serve the application on the prosecution?

Yes. You must serve the respondent and any other required parties listed in the rules. Use reliable service methods and keep proof of service. If you are unsure who to serve, review the last court order and the rules before filing.

Can you file Form 20 (CSR-20) electronically?

Filing methods can vary by court location. Some court offices accept electronic filings, while others require in-person or mail. Confirm the local filing practice before you finalize your materials. Leave extra time if mailing.

What if you are transferred to a different institution after filing?

Update your address for service right away. Notify the court office and the respondent in writing. Keep proof of your notice. If a hearing date is set, confirm that you can attend and arrange transport with the institution.

Can you amend your application after filing?

You can often amend before the hearing if you follow the rules for amendments and service. File the amended form and serve it on the required parties. Mark the changes clearly and include any new evidence you rely on.

How long does this process take?

Timelines depend on court scheduling, service, and the volume of evidence. Build in time for collecting records, preparing affidavits, and arranging a hearing. Keep a calendar of all key dates, including filing and service milestones.

Checklist: Before, During, and After the Form 20 (CSR-20) – Application for Review of Parole Ineligibility

Before signing

• Confirm your sentence details and parole ineligibility period.
• Collect certified or reliable copies of prior orders and endorsements.
• Gather correctional records you will rely on.
• Obtain program completion records and certificates.
• Request risk assessments, if available.
• Draft your parole plan with housing and supervision details.
• Get letters of support from family, community, or employers.
• Prepare your affidavit. Attach exhibits with clear tabs and labels.
• Confirm the correct court location and file number.
• Identify all parties to be served and their proper addresses.
• Check whether filing fees apply, and how to pay them.
• Arrange access to a commissioner for affidavits for swearing.

During signing

• Verify the court file number is correct on every page.
• Confirm your full legal name and date of birth are accurate.
• Ensure the style of the cause lists all parties correctly.
• Review the relief sought. Make it specific and consistent.
• Check that the grounds match your supporting affidavit.
• Confirm your contact details for service are current.
• Make sure all exhibit stamps and labels are readable.
• Number your pages and exhibits in order.
• Sign and date the form in ink. Initial any corrections.
• Have affidavits properly commissioned with full jurat details.
• Ensure your lawyer’s information is correct, if represented.

After signing

• Make complete sets: original for filing, copies for service, and your records.
• File Form 20 (CSR-20) and your supporting materials with the court office.
• Pay any filing fees, if required, and keep the receipt.
• Serve all required parties using approved methods.
• Prepare and file proof of service (e.g., affidavit of service).
• Calendar any return dates, scheduling calls, or case conferences.
• Organize your hearing brief with a table of contents.
• Arrange for your attendance at the hearing, including transport if in custody.
• Keep an indexed binder of filed materials and confirmations.
• Monitor mail or email for court notices or endorsements.
• Update your address for service if you move institutions or change counsel.

Common Mistakes to Avoid Form 20 (CSR-20) – Application for Review of Parole Ineligibility

• Don’t forget to identify the order you want. Vague relief slows the case and risks refusal. State the specific change to parole ineligibility you seek.
• Don’t submit unorganized evidence. Scattered exhibits frustrate the court and the respondent. Use tabs, consistent exhibit labels, and a contents page.
• Don’t miss the service at a required party. Improper service can delay the hearing or void scheduling. Confirm all parties and keep proof of service.
• Don’t rely on assertions without proof. Bare claims carry little weight. Support key facts with records, assessments, and sworn affidavits.
• Don’t ignore your parole plan. Without a plan, the court lacks a path forward. Provide housing, supervision, and support details with letters or confirmations.

What to Do After Filling Out the Form 20 (CSR-20) – Application for Review of Parole Ineligibility

1. File your materials promptly. Bring or submit the original signed Form 20 (CSR-20) with your affidavits and exhibits. Keep a stamped copy or filing confirmation for your records.
2. Serve the required parties. Deliver filed materials to the respondent and any other required parties. Follow the permitted service methods. Record date, time, and method for each service.
3. File proof of service. Prepare an affidavit of service for each party served. File the affidavits with the court office. Keep copies for your hearing brief.
4. Prepare for scheduling. The court may set a hearing date or require a scheduling appearance. Track all dates. If you need interpreter services or special arrangements, raise them early.
5. Organize your hearing record. Build a clean, indexed brief. Include the application, affidavits, exhibits, and any prior relevant orders. Add a concise outline of your submissions.
6. Address gaps early. If you discover missing records, request them at once. If you need to amend your grounds or add exhibits, follow the amendment and service rules and file promptly.
7. Maintain communication. Update your address for service if you move institutions or change contact details. Confirm the respondent’s receipt of any late materials.
8. Attend the hearing prepared. Bring two extra copies of your key documents. Arrive early. Be ready to summarize your grounds, walk through your evidence, and answer questions.
9. Obtain and distribute the order. If the court grants relief, ensure the order is issued and signed. Serve the order on the required parties and place a copy in your file.
10. Follow up on implementation. If the order affects correctional records or parole processing, confirm that the relevant authorities have the order. Keep notes of your follow-up.
11. Store your file securely. Keep all originals, endorsements, and orders together. Maintain a checklist of what was filed and when. This helps if you need to respond to any post-hearing issues.
12. Consider next steps if denied. Review the reasons. Seek advice on appeal timelines and requirements, if available. Act quickly if you intend to pursue further review.