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Competence and Communication in the Alberta Evidence Act, Final Report 111


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 Alberta legislation reflects outdated assumptions about children’s abilities and fails to address adults with cognitive impairment.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. Other Canadian jurisdictions have already reformed legislation to address these issues. The Alberta Law Reform Institute […]

AREA OF LAW Administration of Justice Courts Procedure
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FORMAT Publications
FILE FR111.pdf

January 1, 2018

Perpetuities Law: Abolish or Reform? Report 29


Perpetuities law is a complex set of legal rules designed to prevent people from indefinitely tying up land and assets for an excessive period of time so that future generations cannot deal freely with the property. But has the time come to abolish perpetuities law in Alberta? Do other modern legal rules now exist which could handle the situation better or more simply? Or should perpetuities law be retained but extensively reformed? Have your say […]

AREA OF LAW Administration of Justice Courts Procedure Property
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FORMAT Other
FILE rfd029.pdf

April 1, 2016

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
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FORMAT Publications
FILE rfd027.pdf

August 1, 2015

Oaths and Affirmations, Final Report 105


A person who gives evidence by spoken testimony or by written affidavit must promise to tell the truth before giving that evidence. Currently, the Alberta Evidence Act requires people to swear a religious oath unless they take the initiative to actively object to doing so. The judge or official must at that point conduct a short inquiry and be satisfied that the objection is justified on certain specified grounds. Only then may the person be allowed to […]

AREA OF LAW Administration of Justice Courts
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FORMAT Publications
FILE FR105.pdf

September 1, 2014

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
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FORMAT Publications
FILE FR101.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
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FORMAT Publications
FILE FR100.pdf

August 1, 2012

Rules: Criminal Appeal Procedures: Court of Queen’s Bench and Court of Appeal of Alberta, Consultation Memorandum 12.22


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
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FORMAT Publications
FILE cm01222.pdf

December 4, 2010

Rules of Court Project, Final Report 95


This report sets out the process by which ALRI has proposed Rules for the revision of the Alberta Rules of Court. The Rules of Court Committee requested ALRI to review the Alberta Rules of Court. The ultimate goal of the project was to produce clear, more useable and more effective Rules. Other goals included increased fairness, timeliness, cost effectiveness and accessibility. Through extensive consultation, ALRI created a list of proposed Rules. They are arranged in […]

AREA OF LAW Administration of Justice Courts
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FORMAT Publications
FILE FR95_updated.pdf

October 29, 2008

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
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FORMAT Publications
FILE cm013.pdf

September 4, 2008

Rules: Civil Appeals, Consultation Memorandum 12.21


This memorandum addresses issues relating to civil appeals. It outlines a set of working principles that guide the policy decisions behind several proposals. It reviews the many sources of procedural provisions that govern appeals. It identifies factors that contribute to delay in the early stages of an appeal and makes proposals for reducing this delay, simplifying procedure, and reducing the need for court intervention to ensure the timely progress of an appeal. It addresses the […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
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FORMAT Publications
FILE cm01221.pdf

April 4, 2007

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