This memorandum addresses a group of Rules and forms concerned with enforcement of judgments or orders of court. The committee is primarily concerned with Parts 28 (Enforcement of Judgments and Orders), 36 (Extraordinary Remedies) and 57 (Rules and Orders Promulgated under the Winding-Up Act). The committee also comments on Rules 82-83, 151, 155, 331, 333, Part 37 and some general issues. This report discusses 160 rules and 7 forms, and makes proposals on 67 issues. The [...]

code of Rules for judicial review, and to strive for specialized Rules, where necessary, built on the existing foundation of the general rules. It concluded that the overall scheme under Part 56.1 is appropriate and that changes are needed only in a few areas. It is proposed that the Rules be reformed to clarify that they cover statutory rights of appeal, stated cases, and controverted elections. The time for delivery of judicial review materials in [...]

This memorandum addresses application procedures for "non-disclosure orders" in the Court of Queen's Bench and the Court of Appeal - including publication ban orders, certain sealing orders, and in camera orders made under discretionary common law or statutory authority. It describes the authority to make Rules of Court for criminal litigation, and the nature of federal involvement in establishing criminal Rules of Court. It also discusses the general substantive and procedural doctrine that must be [...]

This memorandum deals with the Trial and Trial Evidence Rules, which are currently found in Part 25 (Rules 245-260), which deal exclusively with Trial Rules and Part 26 (Rules 261-265 and 292-296.1), which deal with Evidence both in and out of Court. The Rules in issue fall into one of three broad categories dealing with either procedural, evidential or substantive matters. The committee felt that the substantive Rules were useful, but that several of them [...]

This memorandum seeks comments on a large number of issues arising in connection with "party and party costs" -- which are the amounts that one party to litigation must pay to the other party for expenses incurred by the latter in the course of the litigation. It explores the principles on which costs should be awarded and how the amounts awarded should be determined, as well as the associated topics of security for costs, fees [...]

This memorandum raises questions about the operation of The Rules in cases involving self-represented litigants. The Committee's position is that the same procedural requirements should apply to all persons who turn to the civil justice system for the resolution of legal issued. Self-represented litigants must understand that they are responsible for performing the tasks and carrying out the functions ordinarily required of professionally trained lawyers. Self-represented litigants will benefit from some of the Rules changes [...]

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 [...]

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 [...]