Publications
Police Record Checks
A police record check is a search of police databases to determine if they contain any entries (information) relating to an individual. Many employers, volunteer organizations and others use police record checks as a screening tool. That is, they use police record checks to assess applicants’ suitability for opportunities. Determining what information should be disclosed in the results of a police record check involves balancing public safety interests with an applicant’s privacy and human rights. […]
AREA OF LAW | Constitutional and Public Law Landlord and Tenant |
TAGS | police, employer, screening, volunteer, criminal, landlord, privacy, record |
FORMAT | Publications |
FILE | Police-Record-Checks-Prelim-Research.pdf |
May 28, 2020
Competence and Communication in the Alberta Evidence Act, Report 27
On occasion, a court must determine whether a proposed witness is competent to give evidence. The question arises with child witnesses and may also arise for adults with cognitive impairment. Alberta legislation about competence has not kept pace with modern knowledge about children’s abilities, and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication. This Report for Discussion contains preliminary recommendations for updating Alberta […]
AREA OF LAW | Administration of Justice Constitutional and Public Law Courts Procedure |
TAGS | children, cognitive impairment, communication, competence, evidence, witness |
FORMAT | Publications |
FILE | rfd027.pdf |
August 1, 2015
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 | stay, Appeal, arbitration |
FORMAT | Publications |
FILE | RFD24_hyperlinks.pdf |
August 2, 2012
Powers and Procedures of Administrative Tribunals, Consultation Memorandum 13
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 reflect the […]
AREA OF LAW | Administration of Justice Constitutional and Public Law Courts |
TAGS | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FORMAT | Publications |
FILE | cm013.pdf |
September 4, 2008
Order of Application of Assets in Satisfaction of Debts and Liabilities, Report for Discussion 19
This report considers the payment of a person’s debts out of their estate after their death (at the time of publication). Over hundreds of years, a common law “order of application” had developed, that determined the order in which certain kinds of assets could be applied to pay off a debt, so that, for example, assets that were not given over as a gift to someone would be applied to pay off debts before those […]
AREA OF LAW | Wills and Succession Constitutional and Public Law |
TAGS | class, real property, priority, real estate, asset, distribution, estate, testator |
FORMAT | Publications |
FILE | rfd19.pdf |
September 2, 2001
Class Actions, Consultation Memorandum 9
This report makes recommendations to reform the existing procedure for handling a class action and proposes that Alberta enact a modern class actions statute based on the Canadian model that has been enacted in Quebec, Ontario, and British Columbia. Primary recommendations would add a procedure to the existing procedural framework for handling litigation involving multiple plaintiffs having the same or similar claims against the same defendant. Ancillary recommendations would add a procedure for handling litigation […]
December 4, 2000
Should a Claim for Punitive Damages Survive Death?, Consultation Memorandum 5
The purpose of this Consultation Memorandum is to invite comment as to whether or not a claim for punitive damages should survive the claimant’s death. This memorandum addresses the nature of punitive damages, present Alberta law and its history, reasons for and against allowing punitive damages, and whether reasons for non-survivability of damages for non-pecuniary losses in general apply to punitive damages. Comment is invited on several issues including: should the Survival of Actions Act be amended […]
December 1, 1998
Last Clear Chance Rule, Final Report 75
This report recommends that the Contributory Negligence Act (CNA) be amended to abolish the common-law rule known as the “last clear chance” rule. The “last clear chance” rule applied where both the contributory negligence of a plaintiff and the fault of a defendant caused loss to the plaintiff and where one of the them had a “last clear chance” to avoid the effect of the other’s fault and failed to do so. If the defendant was the […]
AREA OF LAW | Constitutional and Public Law |
TAGS | defendant, fault, last clear chance, contributory negligence, negligence, plaintiff |
FORMAT | Publications |
FILE | fr075.pdf |
August 29, 1997
Should a Claim for Loss of a Chance of Future Earnings Survive Death?, Consultation Memorandum 4
This memorandum solicits the reader’s views and comments on the following question: should a deceased person’s estate be entitled to claim damages from a wrongdoer for the loss of the deceased person’s chance at future earnings? It is desirable that the legislation make it clear either that the claim survives the wronged person’s death or that it does not. Three issues are open for comment. First, as a general rule, should a claim for damages […]
AREA OF LAW | Administration of Justice Constitutional and Public Law Court Rules & Procedure Limitation of Actions Procedure |
TAGS | claim, compensation, damages, death, estate, survival of action, wrongful |
FORMAT | Publications |
FILE | cm4.pdf |
August 1, 1997
Protection Against Domestic Abuse, Final Report 74
This Report has two primary aims. The first goal is to facilitate the ability of abused individuals to obtain and enforce orders to protect them from their abusers. The process presently in place requires a Court of Queen’s Bench appearance, usually requires lawyers, and can be expensive. The report favours granting with the Provincial Court with the power to issue protection orders. This will lower the cost and expand the geographic accessibility of these orders. […]
AREA OF LAW | Constitutional and Public Law Family Law |
TAGS | domestic violence, restraining order, exclusive possession, matrimonial home |
FORMAT | Publications |
FILE | fr074.pdf |
February 1, 1997