Rules: Charter Applications in Criminal Cases, Consultation Memorandum 12.19

This memorandum addresses procedures for Charter applications in criminal cases tried in the Court of Queen's Bench of Alberta. The Committee addressed some background issues bearing on the development of Rules of Court for Charter application procedures, including the need for Rules to follow established legal principles, to provide for "fair notice" of applications, and to preserve judicial discretion. Charter applications outside of the Court of Queen's Bench of Alberta are also reviewed. The current state of Charter application regulation in the Court [...]

By |2021-02-09T12:02:02-07:00June 4th, 2006|Uncategorized|0 Comments

Rules: Criminal Jury Trials: Challenge for Cause Procedures, Consultation Memorandum 12.20

This memorandum addresses procedures in challenges for cause in criminal jury trials in the Court of Queen's Bench of Alberta. It provides background of the process to jury selection in criminal cases. Accuseds have both statutory and constitutional rights to jury trials. Both the Crown and the accused are entitled to trials before fair and impartial jury members. The Criminal Code has established a number of procedures, including challenges for cause on the grounds that [...]

By |2021-02-09T12:02:11-07:00April 4th, 2007|Uncategorized|0 Comments

Rules: Civil Appeals, Consultation Memorandum 12.21

This memorandum addresses issues relating to civil appeals. It outlines a set of working principles that guide the policy decisions behind several proposals. It reviews the many sources of procedural provisions that govern appeals. It identifies factors that contribute to delay in the early stages of an appeal and makes proposals for reducing this delay, simplifying procedure, and reducing the need for court intervention to ensure the timely progress of an appeal. It addresses the [...]

By |2021-02-09T12:02:20-07:00April 4th, 2007|Uncategorized|0 Comments

Rules: Criminal Appeal Procedures: Court of Queen’s Bench and Court of Appeal of Alberta, Consultation Memorandum 12.22

The objective of Consultation Memorandum 12.22 is to facilitate development of a criminal appeal system that is clear, simple, accessible, effective and timely. To this end, a single process, with adaptations as necessary, is proposed for conducting criminal appeals before both the Court of Queen's Bench and the Court of Appeal. Issues and proposals related to each part of the core process and procedures for obtaining court assistance are described.

By |2021-02-09T12:02:33-07:00December 4th, 2010|Uncategorized|0 Comments

Powers and Procedures of Administrative Tribunals, Consultation Memorandum 13

Administrative tribunals have had an important role to play in interpretation and application of the law through their adjudicative functions. In their adjudicative role of government, they are also a primary contact for a proportion of the population, and they make decisions affecting the rights and interest of individuals and businesses. While the Administrative Procedures and Jurisdiction Act provides a set of Rules to guide tribunals in their decision making function, its provisions do not reflect the [...]

By |2021-02-09T11:32:25-07:00September 4th, 2008|Uncategorized|0 Comments

Statute of Frauds and Related Legislation, Research Paper 12

This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in [...]

By |2021-02-08T13:53:52-07:00March 4th, 1979|Uncategorized|0 Comments

Report on Referees, Research Paper 18

A referee is a person appointed to decide a specific, circumscribed question of fact. This person submits a report to the judge, who may decide to either accept or reject that report. In Alberta (at the time of publication), Masters in Chambers were official referees in all courts, and clerks and deputy clerks are official referees in the Provincial court, and could act as referees when required by the Court of Queen's Bench. Outside of [...]

By |2020-08-05T12:17:45-06:00February 3rd, 1990|Uncategorized|0 Comments

Dispute Resolution: A Directory of Methods, Projects and Resources, Research Paper 19

This paper was written in order to investigate improvements in the law and the administration of justice, and also as a response to the increased public interest in alternate dispute resolution (at the time of publication). The paper itself is a survey of: the nature of the Alternative Dispute Resolution (ADR) movement; possible ADR methods; and various ADR projects and resources. This report does not come to any specific conclusions about alternative dispute resolution, but [...]

By |2020-08-05T12:17:58-06:00July 3rd, 1990|Uncategorized|0 Comments

Court-Connected Family Mediation Programs in Canada, Research Paper 20

This paper addresses the use of (non-litigated) mediation as an adjunct to litigation within the court system. The paper surveys: the mediation process (as it was at the time of publication), with a discussion of its advantages and disadvantages compared to litigation; the different mediation programs available (at the time of publication); descriptions of child-protection mediation programs released immediately prior to publication in British Columbia and Nova Scotia; and the empirical effectiveness of mediation programs [...]

By |2021-02-08T13:55:14-07:00May 3rd, 1994|Uncategorized|0 Comments

Arbitration Act: Stay and Appeal Issues, Report for Discussion 24

Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so [...]

By |2020-08-05T12:18:32-06:00August 2nd, 2012|Uncategorized|0 Comments
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