Arbitration Act: Stay and Appeal Issues, Final Report 103

The Alberta Law Reform Institute has published Final Report 103 – Arbitration Act: Stay and Appeal Issues. Many legal disputes are arbitrated outside the court system using the Alberta Arbitration Act. Over the years, certain issues have arisen which affect the ideal functioning of the arbitration system. Following public consultation, the Alberta Law Reform Institute has now released Final Report 103 – Arbitration Act: Stay and Appeal Issues.

January 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 […]

August 2, 2012

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 […]

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 […]

September 8, 2011

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.

December 4, 2010

Transition to the New Rules of Court

This paper outlines the transition provisions and how the new rules will affect existing proceedings. In particular there are three types of transition provision that govern: when specific new rules will not apply to certain proceedings, when specific former rules will continue in force, and what to do when time periods are different under the new rules.

October 1, 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 […]

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 […]

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 […]

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 […]