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
The Uniform Evidence Act 1981: A Basis for Uniform Evidence Legislation, Final Report 37a
This report briefly presents the state of the law of evidence and the reform proposal that precipitated the evidence project of the Uniform Law conference of Canada. The report describes the Uniform Evidence Act and recommends that Parliament and the Legislatures enact uniform evidence legislation based on the Act. The Senate or a committee of the Senate should review the rules of evidence that the Uniform Evidence Act would apply to criminal proceedings and make […]
| TAGS | admission, burden of proof, evidence, presumption, Uniform Evidence Act, witness |
| FORMAT | Publications |
| FILE | fr037a.pdf |
June 1, 1982