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Dower Act, Final Report 118


The Alberta Law Reform Institute (ALRI) is recommending replacing the Dower Act with new legislation. The Dower Act protects a spouse if the couple’s home is solely owned by the other spouse. It has two features that prevent a non-owner spouse from losing their home unexpectedly: Consent to disposition: The owner cannot sell, lease, mortgage, or otherwise transfer the homestead without the non-owner’s consent. Life estate: After the owner’s death, the non-owner can keep the homestead for […]

AREA OF LAW Wills and Succession Family Law Property
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FORMAT Publications
FILE FR118.pdf

September 26, 2022

Alberta Dower Act Consultation Summary


This document summarizes the results of consultations ALRI conducted for the it’s law reform project on the Alberta Dower Act. ALRI ran two online surveys. Both surveys were open from 3 December 2021 to 7 March 2022. One survey was aimed at the general public – the general survey. Another survey was aimed at professionals who use the Dower Act in their work, including lawyers, real estate brokers and agents, landmen, and estate planners or administrators […]

AREA OF LAW Wills and Succession Family Law Property Real Property
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FORMAT Publications
FILE Dower_consultation_summary.pdf

September 9, 2022

Dower Act: Life Estate, Report for Discussion 37


The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]

AREA OF LAW Wills and Succession Family Law Property
TAGS , , , , , , , , , , , , , , , , , , , , , ,
FORMAT Publications
FILE RFD37.pdf

November 24, 2021

Dower Act: Consent to Disposition, Report for Discussion 36


The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]

AREA OF LAW Wills and Succession Family Law Property
TAGS , , , , , , , , , , , , , , , , , , , , , ,
FORMAT Publications
FILE RFD36.pdf

November 23, 2021

Advance Directives and Substitute Decision-Making in Personal Health Care, Final Report 64


Present law relating to substitute healthcare decision-making is deficient, as it requires that consent be obtained but does not provided a practical mechanism for doing so. The law also fails to provide individuals with a mechanism for planning for their own incapacity with respect to healthcare decisions. This report contains 28 recommendations and contains draft legislation entitled Health Care Instructions Act which would create the advance directive, create the healthcare agent or proxy, and integrate the scheme […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr064.pdf

March 28, 1993

Advance Directives and Substitute Decision-Making in Personal Health Care, Report for Discussion 11


Present law relating to substitute healthcare decision-making is deficient, as it requires that consent be obtained but does not provided a practical mechanism for doing so. The law also fails to provide individuals with a mechanism for planning for their own incapacity with respect to healthcare decisions. This report contains 28 recommendations and contains draft legislation entitled Health Care Instructions Act which would create the advance directive, create the healthcare agent or proxy, and integrate the scheme […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE rfd11.pdf

November 2, 1991

Competence and Human Reproduction, Final Report 52


This report recommends the draft legislation Competence and Human Reproduction Act to create a decision-making process regarding sterilization for those not legally competent to make the decision themselves. The Act replaces the blanket prohibition of Re Eve with legislation that allows for a judgment based on the best interest of the individual and an empathy for her situation. The Institute concluded that no person should be denied access to sterilization because she is not competent […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE fr052.pdf

February 1, 1989

Consent of Minors to Health Care, Final Report 19


The general rule is that medical treatment can be given only with the consent of the patient. The age of majority in Alberta is eighteen years, but as one moves to lower ages, sixteen, fifteen, and so on the uncertainty of consent increases. A physician dealing with a minor is left in doubt as to when the patient can give a binding consent. Legislation is required to specify definitely the circumstances in which a minor […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr019.pdf

December 1, 1975

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