This report deals with charges of “provincial offences” which are offences under “enactments” (e.g. Alberta statutes, orders-in-council, regulations and municipal by-laws). True criminal offences are covered by the Criminal Code of Canada and some other federal legislation. A draft of proposed amendments to the Summary Convictions Act is attached. This report recommends that the three categories of regulatory offences (mens rea, absolute liability, and strict liability) be retained and that tests for them are established […]
|TAGS||abs, charge, criminal, defence, liability, mens rea, offence, provincial, strict|
March 1, 1984
The rule in Hollington v Hewthorn says that evidence of a criminal conviction is not admissible in subsequent civil proceedings to prove the facts on which the conviction is founded, where those facts are an issue in the civil proceedings. There has been widespread criticism of the rule. The strongest argument against change is that the trier of fact in the civil action may give more weight to the conviction than it deserves. The risk […]
|TAGS||acquittal, admissibility, conviction, evidence, offence, previous|
The Attorney General Statutes Amendment Act, 1976, S.A. 1976, c. 57, s. 1 amending the Alberta Evidence Act (now R.S.A. 2000, c. A-18, s. 26).
February 1, 1975
This report debates the merits of adding a provision in Alberta that would provide compensation to persons who suffer injury as the result of the criminal acts of others. Among other things, this report considers the nature, extent and administration of a scheme for Alberta, as well as the cost of such a scheme, and makes several recommendations regarding its practical implementation. The ALRI report proposes that, the Legislature of Alberta should create a system […]
|TAGS||compensation, crime, damages, dependant, injury, loss, offence, victim, violent|
Perpetuities Act, SA 1972, c 131 (now RSA 2000, c P-5).
December 1, 1968