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Oaths and Affirmations, Final Report 105


A person who gives evidence by spoken testimony or by written affidavit must promise to tell the truth before giving that evidence. Currently, the Alberta Evidence Act requires people to swear a religious oath unless they take the initiative to actively object to doing so. The judge or official must at that point conduct a short inquiry and be satisfied that the objection is justified on certain specified grounds. Only then may the person be allowed to […]

AREA OF LAW Administration of Justice Courts
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FORMAT Publications
FILE FR105.pdf

September 1, 2014

Arbitration Act: Stay and Appeal Issues, Final Report 103


The Alberta Law Reform Institute has published Final Report 103 – Arbitration Act: Stay and Appeal Issues. Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. Over the years, certain issues have arisen which affect the ideal functioning of the arbitration system. Following public consultation, the Alberta Law Reform Institute has now released Final Report 103 – Arbitration Act: Stay and Appeal Issues.

AREA OF LAW Administration of Justice Alternate Dispute Resolution
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FORMAT Publications
FILE FR103.pdf

January 1, 2014

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 […]

AREA OF LAW Administration of Justice Constitutional and Public Law Corporate and Commercial
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FORMAT Publications
FILE RFD24_hyperlinks.pdf

August 2, 2012

Criminal Trial Proceedings, Final Report 100


The process for conducting a criminal trial may be complicated by differing processes and rules in different locations. Part of the difficulty is attributable to a complex system of rule-making authority for criminal matters. Some provisions are prescribed by the Criminal Code while other processes may be set by the court in question. The Alberta Law Reform Institute identified three specific areas in which non-standardized matters were particularly problematic: Charter Issues “ The content of […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE FR100.pdf

August 1, 2012

Criminal Appeal Procedures, Final Report 101


The criminal appeal process is complex and not well understood. It derives from a number of sources, which are not always consistent and not always clear. Personal freedom and liberty are crucial. The stakes are high for anyone convicted of an offense. Prompt access to an appeal system that is clear and comprehensive is critical. The challenge accepted by the Alberta Law Reform Institute, and taken up by its working group of judges, prosecutors, defense […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts
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FORMAT Publications
FILE FR101.pdf

Rules: Criminal Appeal Procedures: Court of Queen’s Bench and Court of Appeal of Alberta


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.

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01222.pdf

December 4, 2010

Rules of Court Project, Appendices H, I, J


This report sets out the process by which ALRI has proposed Rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in […]

AREA OF LAW Administration of Justice Courts
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FORMAT Publications
FILE fr095hij.pdf

October 29, 2008

Rules of Court Project, Final Report 95


This report sets out the process by which ALRI has proposed Rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in […]

AREA OF LAW Administration of Justice Courts
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FORMAT Publications
FILE fr095.pdf

Enforcement of Judgments, Final Report 94


This report examines the current law on enforcement of judgments outside of Alberta. Since 1925, Alberta has had a legislative regime whereby money judgments from other specified jurisdictions could be registered with the Alberta courts. Therefore, these judgments are recognized and enforceable in Alberta. This regime has been relatively unchanged since that time. In 1990, the Attorneys General and the Ministers of Justice requested that the Uniform Law Conference of Canada (ULCC) develop uniform legislation […]

AREA OF LAW Administration of Justice Corporate and Commercial
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FORMAT Publications
FILE fr094.pdf

September 29, 2008

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 […]

AREA OF LAW Administration of Justice Constitutional and Public Law Courts
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FORMAT Publications
FILE cm013.pdf

September 4, 2008