Publications

  • Filter by:

Police Record Checks


A police record check is a search of police databases to determine if they contain any entries (information) relating to an individual. Many employers, volunteer organizations and others use police record checks as a screening tool. That is, they use police record checks to assess applicants’ suitability for opportunities. Determining what information should be disclosed in the results of a police record check involves balancing public safety interests with an applicant’s privacy and human rights. […]

AREA OF LAW Constitutional and Public Law Landlord and Tenant
TAGS , , , , , , ,
FORMAT Publications
FILE Police-Record-Checks-Prelim-Research.pdf

May 28, 2020

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
TAGS , ,
FORMAT Publications
FILE RFD24_hyperlinks.pdf

August 2, 2012

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
TAGS , , , , , , , ,
FORMAT Publications
FILE cm013.pdf

September 4, 2008

Powers and Procedures of Administrative Tribunals


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 […]

AREA OF LAW Administrative Law Constitutional and Public Law
TAGS , , , , , , , ,
FORMAT Publications
FILE cm013.pdf

September 1, 2008

Rules: Charter Applications in Criminal Cases


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 […]

AREA OF LAW Constitutional and Public Law
TAGS , , , , , , , ,
FORMAT Publications
FILE cm01219.pdf

June 1, 2006

Rules: Non-disclosure Order Application Procedures in Criminal Cases


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 […]

AREA OF LAW Constitutional and Public Law
TAGS , , , , , , , ,
FORMAT Publications
FILE cm01215.pdf

November 2, 2004

Rules: Judicial Review


This memorandum looks at Parts 56 and 56.1 of the Rules to avoid a self contained 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 […]

AREA OF LAW Constitutional and Public Law
TAGS , , , , , , , ,
FORMAT Publications
FILE cm01213.pdf

August 3, 2004

Order of Application of Assets in Satisfaction of Debts and Liabilities, Report for Discussion 19


This report considers the payment of a person’s debts out of their estate after their death (at the time of publication). Over hundreds of years, a common law “order of application” had developed, that determined the order in which certain kinds of assets could be applied to pay off a debt, so that, for example, assets that were not given over as a gift to someone would be applied to pay off debts before those […]

AREA OF LAW Wills and Succession Constitutional and Public Law
TAGS , , , , , , ,
FORMAT Publications
FILE rfd19.pdf

September 2, 2001

Class Actions


This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation […]

AREA OF LAW Administration of Justice Administrative Law Constitutional and Public Law Corporate and Commercial Court Rules & Procedure Courts Limitation of Actions Procedure
TAGS , , , , ,
FORMAT Publications
FILE CM9.pdf

December 4, 2000

Powers & Procedures for Administrative Agencies: MODEL CODE


The final product that arises from this consultation will be a comprehensive Model Code of Powers and Procedures, and an accompanying Annotation that sets out important case law that supplements or clarifies the rules. The Code will clarify the powers that already exist under the common law, and provide for additional powers necessary to the efficient and effective functioning of agencies. The code will not be a rigid set of rules that apply to every […]

AREA OF LAW Constitutional and Public Law
TAGS , , , , , , ,
FORMAT Publications
FILE cm006.pdf

April 1, 1999