A series of justice-related changes have been proposed for Alberta. (Photo: Lethbridge News Now)

By David Opinko

Province proposes changes relating to justice system

Dec 6, 2022 | 4:12 PM

EDMONTON, AB – Newly-introduced legislation in Alberta aims to make a series of changes to the provincial justice system.

If passed, the Justice Statutes Amendment Act will update the Provincial Court Act, the Legislative Assembly Act, the Interjurisdictional Support Orders Act, the Sale of Goods Act, the Referendum Act and the Trustee Act.

Justice Minister Tyler Shandro thanked elected members for supporting this initiative, which covers a wide range of topics.

“Increasing the civil claims limit will increase access to affordable legal services for Albertans. I commend the provincial court and the chief judge for their work to make this a reality,” says Shandro.

“The Legislative Assembly Security Service protect our democracy by ensuring the security of the legislature. Providing these officers with the tools they need – including firearms – to protect all of those who occupy this building, including themselves and their fellow officers, is a top priority for our government,” he adds.

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Provincial Court Amendment Act

Amendments would allow for more claims to be dealt with through the Alberta Provincial Court.

If approved, people would be able to file civil claims of up to $200,000 in the provincial court, up from the current limit of $50,000.

Chief Judge Derek Redman says the last time this limit was increased was in 2014.

“This increase in jurisdictional limits will enhance the court’s ability to fulfil its mission to provide fair, accessible and timely justice for Albertans,” says Redman.

Alberta Chambers of Commerce President and CEO Shauna Feth adds that, “Enabling timelier dispute resolution will help claimants spend more time on their business operations and free up resources across the justice system broadly.”

Legislative Assembly Amendment Act

This proposed change would allow the Legislative Assembly Security Service (LASS), which conducts security inside the Alberta legislature building, to carry firearms.

According to a media release from the government, this follows a fatal shooting on Parliament Hill in 2014 and a suicide in the Alberta legislature in 2019.

Speaker of the Legislative Assembly of Alberta Nathan Cooper says safety is their primary concern.

“With this legislation, members of the legislative assembly and citizens alike will continue to feel safe and secure as they work, serve and visit the legislative grounds,” says Cooper.

Interjurisdictional Support Orders Act

This proposed revision aims to make it easier for people to collect child and spousal support payments from their ex-partners and spouses who live across the country.

The Alberta Government is working with other jurisdictions in Canada to allow for the electronic exchange of certified documents to support inter-jurisdictional enforcement orders.

The province says officials in B.C., Saskatchewan, Manitoba, and Nova Scotia have already completed comparable amendments on this matter.

Legal Aid Alberta President and CEO John Panusa says, “Given Legal Aid Alberta assists individuals who have partners and parents in many other areas of the country, this amendment to the Interjurisdictional Support Orders Act will help enhance the ability of our clients to collect critical child and spousal support payments in a more timely and efficient manner, putting money in the hands of those who need it the most.”

Sale of Goods Act

The changes proposed under the Sale of Goods Act would eliminate record-keeping requirements for buyers to get good title when grain is sold and delivered at a grain elevator.

Minister of Service Alberta and Red Tape Reduction Dale Nally says it also changes some of the language of the Act to make it the same as the federal Canada Grain Act.

“This is what red tape reduction is all about,” says Nally. “The proposed amendments to this legislation will make life better for everyday Albertans and job creators, whether it’s improving access to justice, speeding up collection of child support or reducing needless paperwork for grain dealers and elevator operators. Improving life in our province is always the objective.”

Trustee Act

According to a media release from the Alberta Government, “The proposed amendments would provide certainty that a trust will not fail if it is temporarily without a trustee and remove the transfer of trust property to the court, allowing it to move directly to the new trustee once appointed.”

Referendum Act

A proposed amendment to this legislation would clarify that the requirement to bring a resolution to the legislature in order to start a referendum would only apply to constitutional questions.

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