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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.

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FORMAT Publications
FILE cm01222.pdf

December 1, 2010

Transition to the New Rules of Court


This paper outlines the transition provisions and how the new rules will affect existing proceedings. In particular there are three types of transition provision that govern: when specific new rules will not apply to certain proceedings, when specific former rules will continue in force, and what to do when time periods are different under the new rules.

AREA OF LAW Alternate Dispute Resolution
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FORMAT Other
FILE rulestransition.pdf

October 1, 2010

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
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FORMAT Publications
FILE cm013.pdf

September 1, 2008

Rules: Civil Appeals


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 […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm01221.pdf

April 2, 2007

Rules: Criminal Jury Trials: Challenge for Cause Procedures


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 […]

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FORMAT Publications
FILE cm01220.pdf

April 1, 2007

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
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FORMAT Publications
FILE cm01219.pdf

June 1, 2006

Rules: Self-Represented Litigants


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 […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm01218.pdf

March 1, 2005

Rules: Costs and Sanctions


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 […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm01217.pdf

February 1, 2005

Rules: Trial and Evidence Rules, Parts 25 and 26


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 […]

AREA OF LAW Court Rules & Procedure Procedure
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FORMAT Publications
FILE cm01216.pdf

November 3, 2004

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
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FORMAT Publications
FILE cm01215.pdf

November 2, 2004