The Presumption of Crown Immunity, Final Report 71

Section 14 of the Interpretation Act (RSA) declares a presumption that all enactments are not binding on the Crown unless the statute explicitly states otherwise. This report recommends that this presumption be reversed so that all legislation would apply to the Crown unless it states otherwise. There are several reasons for recommendation. First, because case law regarding the Crown exemption is often confusing and inconsistent, a presumption that statutes bind the Crown would add predictability and clarification […]

July 29, 1994

Judicial Review of Administrative Action: Application for Judicial Review, Final Report 40

This report address the problem of a person who wants judicial review of an administrative decision, action or refusal. There is a variety of procedures to choose from, but if the wrong choice is made there is the possibility of delay, incurred cost, and loss of remedy. This report recommends substituting the several existing procedures with one simple procedure in which the claimant can obtain any and all of the judicial review remedies to which […]

March 2, 1984

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 […]

June 1, 1982

Re Section 24 of the Judicature Act

January 2, 1974