Publications
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 […]
| AREA OF LAW | Administration of Justice Constitutional and Public Law |
| TAGS | government, statute, litigant, prerogative, common, crown, immunity, presumption |
| FORMAT | Publications |
| FILE | fr071.pdf |
July 29, 1994
Public Inquiries, Issues Paper 3
The Public Inquiries Act, RSA 1980, c P-29, invested the Lieutenant Governor in Council with the power to create public inquiries, when he or she deemed it expedient so to do, on any matter within the jurisdiction of the Province which was connected with its good government or public business. Aside from its function in regulating public inquiries (and their especially the commissioners), the Act is often used as a reference to describe the powers given […]
| AREA OF LAW | Administration of Justice Constitutional and Public Law Courts |
| TAGS | royal commission, inquiry, prerogative, immunity, judicial review, public |
| FORMAT | Publications |
| FILE | IPNo.3.pdf |
November 4, 1991