Important parts of the Alberta Rules of Court may be more than the Rules of practice and procedure which the lieutenant-governor-in-council is not empowered to make. The Rules relating to garnishees and service ex juris are in some jeopardy. So are some Rules relating to costs, Rules relating to the jurisdiction of the court, and Rules relating to rights of appeal, and Rules imposing time limitations on substantive rights. Rules relating to evidence, including those about the use of examinations for discovery, disclosure of privilege materials, submission to blood and other tests should also be reconsidered. The ingenuity of counsel is likely to find arguments to raise against many others.

This report recommends amendments and new Rules are needed. The lieutenant-governor-in-council should be empowered to amend the Alberta Rules of Court and to make new Rules of Court whether or not substantive rights are affected. It is proposed that amendments and Rules be tabled in the Legislature and that provision be made for revocation if it so resolves. This recommendation leaves untouched the existing provision for the delegation of the rule-making power to the judges.