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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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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 state of Charter application regulation in the Court […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01219.pdf

June 4, 2006

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 Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01218.pdf

March 4, 2005

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 Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01217.pdf

February 4, 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: Miscellaneous Issues


This memorandum is a mixed bag of topics. It consolidates the following areas of The Rules: time, time for service of the statement of claim, delay in prosecution, discontinuance and noncompliance, and irregularities. The Rules contain over 30 different time periods, ranging in duration from 24 hours to 10 years. Most of these time periods are under 30 days and many are roughly equivalent. It is proposed to replace these 30-some time periods with a […]

AREA OF LAW Administration of Justice Alternate Dispute Resolution Court Rules & Procedure Procedure
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FORMAT Publications
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November 4, 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 Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
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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 Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01216.pdf