Publications
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 Alberta legislation reflects outdated assumptions about children’s abilities and fails to address adults with cognitive impairment.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 | affirmation, child, communication, competence, evidence, oath, testify, witness |
| FORMAT | Publications |
| FILE | FR111.pdf |
January 1, 2018
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