Publications
The Uniform Evidence Act 1981: A Basis for Uniform Evidence Legislation, Final Report 37a
This report briefly presents the state of the law of evidence and the reform proposal that precipitated the evidence project of the Uniform Law conference of Canada. The report describes the Uniform Evidence Act and recommends that Parliament and the Legislatures enact uniform evidence legislation based on the Act. The Senate or a committee of the Senate should review the rules of evidence that the Uniform Evidence Act would apply to criminal proceedings and make […]
| TAGS | admission, burden of proof, evidence, presumption, Uniform Evidence Act, witness |
| FORMAT | Publications |
| FILE | fr037a.pdf |
June 1, 1982
Evidence and Related Subjects: Specific Proposals for Alberta Legislation, Final Report 37b
This companion report makes detailed recommendations for Alberta specific evidence legislation. The Alberta Legislature should not enact the Uniform Evidence Act word for word as it is a composite Act that contains some provisions that are appropriate only for federal legislation and would not fit in with existing Alberta legislation. Some changes of substance should be made in it. This report discusses a number of specific policy issues and recommends some changes to the areas […]
| TAGS | contradiction, corroboration, crown, evidence, incrimination, privilege, witness |
| FORMAT | Publications |
| FILE | fr037b.pdf |
Statute of Frauds and Related Legislation, Research Paper 12
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in […]
| AREA OF LAW | Administration of Justice Corporate and Commercial Procedure Property Real Property |
| TAGS | contract, evidence, goods, guarantee, Land, Property, real, sale, Statute of Frauds |
| FORMAT | Publications |
| FILE | RPNo.12.pdf |
March 4, 1979
Small Projects, Final Report 17
This report addresses small defects in the law and parts of this report that deal with Affidavits of Execution and illegible signature of notaries, the Builders’ Lien Act, and Seizures Act are really miniature working papers. Recommendations are made regarding the Bulk Sales Act, Alberta Evidence Act, Dower Act, Liquor Control Act and Workers’ Compensation Act. Matters still under consideration are Affidavits of Execution: illegible signature of notaries, commissioners, etc.; Arbitration Act; sections of the […]
| TAGS | builders lie, bulk sales, control, dower, evidence, liquor, workers compensation |
| FORMAT | Publications |
| FILE | fr017.pdf |
| ENACTMENT |
This report addresses small defects in the law and parts of this report that deal with Affidavits of Execution and illegible signature of notaries, the Builders’ Lien Act, and Seizures Act are really miniature working papers. Recommendations are made regarding the Bulk Sales Act, Alberta Evidence Act, Dower Act, Liquor Control Act and Workers’ Compensation Act. Matters still under consideration are Affidavits of Execution: illegible signature of notaries, commissioners, etc.; Arbitration Act; sections of the Builders’ Lien Act; Proceedings Against the Crown Act; Real Estate Agents’ Licensing Act; Seizures Act; Statute of Frauds; and Survival of Actions (especially the claim for loss of expectation of life). Matters that have been included in existing major projects include common law spouses, the Judicature Act and the Divorce Act; Limitations of Actions; and sections of the Land Titles Act. Submissions on which no action is planned include Alberta government’s Telephones Act, Change of Name Act, Criminal Code (s. 306), Examination for Discovery, Gas Utilities Act, Health Insurance Premiums Act, Planning Act, Public Works Act, and the Surrogate Courts Act and Administration of Estates Act. Regarding the Bulk Sales Act, it is recommended that section 5 be amended so that the vendors statement shall contain a list of the trade creditors; that section 6 and the form of waiver be amended so that the waiver provision applies to unsecured trade creditors instead of to all creditors. The report also recommends that the Alberta Evidence Act section 19(1) be amended so that it permits a person to affirm when he objects as a result of conscientious scruples, religious belief, or because the oath does not bind his conscious. For the Dower Act it is recommended that the affidavits, that require the owner to swear that neither he nor his spouse has resided on the lands, be amended to conform to section 2, which provides that dower attaches only to the property on which a married owner resides. Section 110 of the Liquor Control Act should be amended to refer to the renumbered section of the Criminal Code. |
June 1, 1975
Rule in Hollington v Hewthorn, Final Report 16
The rule in Hollington v Hewthorn says that evidence of a criminal conviction is not admissible in subsequent civil proceedings to prove the facts on which the conviction is founded, where those facts are an issue in the civil proceedings. There has been widespread criticism of the rule. The strongest argument against change is that the trier of fact in the civil action may give more weight to the conviction than it deserves. The risk […]
| TAGS | acquittal, admissibility, conviction, evidence, offence, previous |
| FORMAT | Publications |
| FILE | fr016.pdf |
| ENACTMENT |
The Attorney General Statutes Amendment Act, 1976, S.A. 1976, c. 57, s. 1 amending the Alberta Evidence Act (now R.S.A. 2000, c. A-18, s. 26). |
February 1, 1975