Publications

  • Filter by:

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 Alberta legislation reflects outdated assumptions about children’s abilities and fails to address adults with cognitive impairment.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
TAGS , , , , , , ,
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
TAGS , , ,
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
TAGS , , , , ,
FORMAT Publications
FILE rfd027.pdf

August 1, 2015

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

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
TAGS , , , , , , , , , ,
FORMAT Publications
FILE cm01222.pdf

December 4, 2010

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
TAGS , , , , , , , ,
FORMAT Publications
FILE cm01221.pdf

April 4, 2007

Rules: Criminal Jury Trials: Challenge for Cause Procedures, Consultation Memorandum 12.20


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 […]

AREA OF LAW Administration of Justice Court Rules & Procedure Courts Procedure
TAGS , , , , , , , ,
FORMAT Publications
FILE cm01220.pdf

Rules: Charter Applications in Criminal Cases, Consultation Memorandum 12.19


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
TAGS , , , , , , , ,
FORMAT Publications
FILE cm01219.pdf

June 4, 2006

Rules: Self-Represented Litigants, Consultation Memorandum 12.18


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
TAGS , , , , , , , ,
FORMAT Publications
FILE cm01218.pdf

March 4, 2005

Rules: Costs and Sanctions, Consultation Memorandum 12.17


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
TAGS , , , , , , , ,
FORMAT Publications
FILE cm01217.pdf

February 4, 2005

Page 1 of 6