Publications
The Presumption of Crown Immunity, Final Report 71
Section 14 of the Interpretation Act (RSA) declares a presumption that all enactments are not binding on the Crown unless the statute explicitly states otherwise. This report recommends that this presumption be reversed so that all legislation would apply to the Crown unless it states otherwise. There are several reasons for recommendation. First, because case law regarding the Crown exemption is often confusing and inconsistent, a presumption that statutes bind the Crown would add predictability and clarification […]
| AREA OF LAW | Administration of Justice Constitutional and Public Law |
| TAGS | government, statute, litigant, prerogative, common, crown, immunity, presumption |
| FORMAT | Publications |
| FILE | fr071.pdf |
July 29, 1994
Public Inquiries, Issues Paper 3
The Public Inquiries Act, RSA 1980, c P-29, invested the Lieutenant Governor in Council with the power to create public inquiries, when he or she deemed it expedient so to do, on any matter within the jurisdiction of the Province which was connected with its good government or public business. Aside from its function in regulating public inquiries (and their especially the commissioners), the Act is often used as a reference to describe the powers given […]
| AREA OF LAW | Administration of Justice Constitutional and Public Law Courts |
| TAGS | royal commission, inquiry, prerogative, immunity, judicial review, public |
| FORMAT | Publications |
| FILE | IPNo.3.pdf |
November 4, 1991
Interspousal Tort Immunity, Final Report 33
This report addresses the issue of whether inter-spousal tort immunity should be abolished. It addresses the present state of the law in Alberta, other common law provinces of Canada, and other Commonwealth countries. It assesses arguments for retaining interspousal tort immunity, and looks particularly at the reasons for domestic harmony, collusion, indirect benefit from own wrongful conduct, and subrogation. This report concludes that there is no merit in placing any restriction upon the type of […]
| TAGS | damages, immunity, inter-spousal, interspousal, liability, negligence, tort |
| FORMAT | Publications |
| FILE | fr033.pdf |
| ENACTMENT |
Gratuitous Passengers and Interspousal Tort Immunity Statutes Amendment Act, SA 1990, c 22, s 2 amending the Married Women’s Act (now RSA 2000, c M-6, s 2(3)) and s 3 amending the Contributory Negligence Act (now RSA 2000, c C-27). |
April 3, 1979
Judicature Act, Section 24, Final Report 13
This report examines section 24 of the Judicature Act, RSA 1970, c 193 and makes recommendations with regard to it. The section provides that certain actions shall not be brought or maintained unless permission has first been given by the lieutenant-governor-in-council. The history of section 24 is examined, including its legal effects, and practice relating to this section. The special protection which section 24(1) gives to Ministers of the Crown is not justified, and unless […]
| AREA OF LAW | Constitutional and Public Law |
| TAGS | authority, immunity, lawsuit, officer, official, public, tort public servant |
| FORMAT | Publications |
| FILE | fr013.pdf |
| ENACTMENT |
The Attorney General Statutes Amendment Act, 1974 (No. 2), SA 1974, c 65, s 9 striking out s 24 of the Judicature Act, RSA 1970, c 193. |
August 1, 1974