Publications

  • Filter by:

Alberta Non-Profit Corporations: Getting Legislation that Helps


In April 2013, The Muttart Foundation hosted a consultation conference in Banff, Alberta. The Alberta Law Reform Institute had the opportunity to meet with more than thirty experts from Non-Profit sectors across Canada, the United States, Australia, and the United Kingdom to exchange information and discuss the issues that Alberta Non-Profits face. This report summarizes the consultation and will be invaluable in guiding our recommendations in reforming the primary non-profit corporate legislation in Alberta, the Societies […]

AREA OF LAW Corporate and Commercial
TAGS , , , , , ,
FORMAT Other
FILE Web-Paper_Alberta-Non-Profit-Corporations.pdf

September 8, 2013

Arbitration Act: Stay and Appeal Issues, Report for Discussion 24


Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. These arbitrated cases can include commercial, consumer, family and community issues. The Alberta Law Reform Institute has just released a Report for Discussion seeking public input on some procedural issues which affect the ideal functioning of the arbitration system. The Report explores difficulties arising out of simultaneous court proceedings which must be suspended or stayed in whole or in part so […]

AREA OF LAW Administration of Justice Constitutional and Public Law Corporate and Commercial
TAGS , ,
FORMAT Publications
FILE RFD24_hyperlinks.pdf

August 2, 2012

Criminal Trial Proceedings, Final Report 100


The process for conducting a criminal trial may be complicated by differing processes and rules in different locations. Part of the difficulty is attributable to a complex system of rule-making authority for criminal matters. Some provisions are prescribed by the Criminal Code while other processes may be set by the court in question. The Alberta Law Reform Institute identified three specific areas in which non-standardized matters were particularly problematic: Charter Issues “ The content of […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
TAGS , , , , , , , , , , ,
FORMAT Publications
FILE FR100.pdf

August 1, 2012

Criminal Appeal Procedures, Final Report 101


The criminal appeal process is complex and not well understood. It derives from a number of sources, which are not always consistent and not always clear. Personal freedom and liberty are crucial. The stakes are high for anyone convicted of an offense. Prompt access to an appeal system that is clear and comprehensive is critical. The challenge accepted by the Alberta Law Reform Institute, and taken up by its working group of judges, prosecutors, defense […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts
TAGS , , , , , , , , , , ,
FORMAT Publications
FILE FR101.pdf

Joint Ventures, Final Report 99


Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. This report recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a partnership; and use […]

AREA OF LAW Corporate and Commercial
TAGS , , , , , ,
FORMAT Publications
FILE FR-99_hyperlinks.pdf

July 1, 2012

Succession and Posthumously Conceived Children, Report for Discussion 23


This report discusses the position of posthumously conceived children under the law of succession in Alberta and outlines some possible options for reform. It is unlikely that parentage can be established for posthumously conceived children under Alberta`s Family Law Act, and therefore the link for inheritance purposes is missing. Even if parentage could be established, the fact that reproduction occurs sometime after the death of one of the parents brings in other factors affecting whether and […]

AREA OF LAW Wills and Succession Children Family Law
TAGS , , , , , ,
FORMAT Publications
FILE RFD23_web.pdf

February 2, 2012

Estate Administration, Report for Discussion 22


Estate administration is the job of gathering the assets of the person deceased, paying the debts and distributing the estate to the persons entitled by will or the intestate succession legislation. Often the personal representative [PR] will be a family member who may have no previous experience of such a job and will also be dealing with the death of a family member at the same time. Surveys have found that the job of a […]

AREA OF LAW Wills and Succession
TAGS , , ,
FORMAT Publications
FILE rfd022.pdf

October 2, 2011

Administrative Adjudicative Decisions: Statutory Review Mechanisms Tribunal Inventory


In 2010, the Alberta Law Reform Institute (ALRI) considered whether to undertake a project regarding the diversity of statutory review mechanisms available in Alberta for reviewing or appealing adjudicative decisions made by administrative tribunals. These tribunals include any administrative board, commission, agency or other body which exercises adjudicative decision-making power under provincial legislation. For the purpose of its deliberations, ALRI dedicated research time to prepare a detailed inventory of such tribunals and their statutory review […]

TAGS , , , ,
FORMAT Other
FILE tribunalinventory.pdf

September 8, 2011

Joint Ventures, Consultation Memorandum 14


Joint ventures are an increasingly common part of commercial arrangements. But the legal landscape has not kept up with commercial arrangements. There is a lack of fit between the applicable law and the exigencies of present day joint ventures and the resulting uncertainty is not good for the participants. This report recommends removing the uncertainty by specifying a clear result if a joint venture does two things: declare it is not a partnership; and use […]

AREA OF LAW Corporate and Commercial
TAGS , , , , , , ,
FORMAT Publications
FILE cm014.pdf

May 4, 2011

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.

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
TAGS , , , , , , , , , ,
FORMAT Publications
FILE cm01222.pdf

December 4, 2010