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Recent News
On the August long weekend, ALRI received some very sad news. Lyndon Irwin, one of our longest serving Board members, passed away suddenly. Lyndon recently retired from active practice and was engaged in pro bono work. This allowed time for the role he enjoyed so much – as father and grandfather. His contributions to ALRI have been enormous. His breadth of knowledge was not limited to his areas of specialty in property issues. His attention to detail was legendary. Most recently Lyndon served as part of our three-person “Council” helping to supervise the Rules Project, and was with ALRI on a part-time consulting basis. He was a reliable and positive Board member, always ready and willing to take on administrative tasks, and always with an eye to the objectives and best interests of the Institute. Most of all, he was a good person to be around – thoughtful, caring, considerate of others, intellectually adventurous, with considerable (though often hidden) artistic talents. We will miss him immensely. We will miss not having been able to say goodbye, and to have recognized in person his dedication and contribution to ALRI over such a long time. The obituary that appeared in the Edmonton Journal perfectly captured the persona of our colleague, click here to view it.
New Publications
This Final Report addresses which rules work well and which rules need change in order to work better or more fairly. This is technical law, but it affects all Albertans. The Institute’s main recommendations about the Wills Act include –
- A court should be able to validate a will if a person makes a reasonable but imperfect attempt to meet the requirements for creating a will.
- The age of testamentary capacity should remain at 18 years, subject to the current statutory exceptions allowing a minor to make a will if the minor is married, partnered, a parent or serving in the Canadian Forces. In addition, a court should be able to validate a will for any minor who applies for approval of the terms of a specific will.
- A court should not be able to create a will for a person who has lost their mental capacity to make or change a will.
- There should continue to be special rules for military wills.
- A will must still be signed at its end or foot, subject to the current statutory saving provision.
- Where an inheritance is lost because the beneficiary was also a witness to the will, a court should be able to validate the gift if there was no improper or undue influence on the will-maker.
The report on Consultation Memorandum No. 12.20 concerning Criminal Jury Trials: Challenge for Cause Procedures suggests that a consistent process be followed when a trial participant exercises the statutory right to challenge one or more prospective jurors for cause.
In particular, the report proposes that:
- Notices of intention to challenge and opposition to a challenge be given in timely manner,
- Challenge materials be as complete and informative as possible,and
- The roles of the trial judge, counsel and panel of triers be clearly defined.
The report is the fourth in a series of interim publications on criminal procedures. It is anticipated that a consolidated final report containing all proposals in respect of criminal procedural rules will be published at the conclusion of the consultation effort.
This Report for Discussion No. 21 considers whether a purchaser under a contract for the sale and purchase of land who has discharged their obligations under the contract, or is ready, willing and able to do so, should generally be entitled to specific performance, whether or not the land is unique.
The Institute is seeking your comments and views on the preliminary opinions put forth in the Report. The deadline for comments on the issues raised in this Report for Discussion is May 31, 2009.
The Alberta Law Reform Institute has issued Final Report No. 95 - proposing new Rules of Court of Alberta. Click here to view the the Rules of Court documents.
The proposals and background material were presented to the Minister of Justice and Attorney General, Alison Redford who stated:
The proposal for the new Rules of Court from the Alberta Law Reform Institute has been a massive undertaking and represents a tremendous collaborative effort of many people and hours. I want to congratulate everyone who worked so hard on this significant project. It is another step forward as we look at our court processes and increase access to justice for Albertans.
With the delivery of the final report, the education, legislative and administrative processes begin so that implementation of the new rules on a date to be set by the Department of Justice.
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The Alberta Law Reform Institute invites public consideration of, and comment on our recommendations.
Your views should be submitted in writing using the contact information below or by using the comment feature on this website,
e-mail to reform@alri.ualberta.ca,
fax to 780.492.1790
mail to: Alberta Law Reform Institute
402 Law Centre
University of Alberta
Edmonton, AB T6G 2H5
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