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 […]

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 […]

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 […]

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 […]

February 4, 2005

Rules: Miscellaneous Issues, Consultation Memorandum 12.14

This memorandum is a mixed bag of topics. It consolidates the following areas of The Rules: time, time for service of the statement of claim, delay in prosecution, discontinuance and noncompliance, and irregularities. The Rules contain over 30 different time periods, ranging in duration from 24 hours to 10 years. Most of these time periods are under 30 days and many are roughly equivalent. It is proposed to replace these 30-some time periods with a […]

November 4, 2004