BY MEGAN VIS-DUNBAR

​This month we welcomed the opportunity to connect with fellow provincial law reform agencies. The Federation of Law Reform Agencies of Canada (FOLRAC) held its first in-person conference since 2019 in Toronto in early June. The meeting was an opportunity to network with representatives from our counterparts working on law reform initiatives in Alberta, Manitoba, Saskatchewan, Ontario, Quebec and Nova Scotia. The use of technology and access to justice concerns emerged as common themes underlying much of the work being done across Canada.

 Read more at the British Columbia Law Institute website... 

BRITISH COLUMBIA LAW INSTITUTE

• BCLI publishes study paper, Strengthening BC’s Health Care Backbone: Oversight of the Work of Health Care

MANITOBA LAW REFORM COMMISSION

• Manitoba Law Reform Commission publishes its final report on Law of Partition and Sale. 

LAW REFORM COMMISSION OF SASKATCHEWAN

• The Law Reform Commission of Saskatchewan has released its final report, Contributory Fault & Apportionment Among Wrongdoer Final Report

LAW COMMISSION OF ONTARIO

• LCO extends its submission deadline for its Environmental Accountability Consultation Paper deadline to January 23, 2023. 

The Alberta Law Reform Institute (ALRI) is recommending replacing the Dower Act with new legislation. The Dower Act protects a spouse if the couple’s home is solely owned by the other spouse. It has two features that prevent a non-owner spouse from losing their home unexpectedly:

1. Consent to disposition: The owner cannot sell, lease, mortgage, or otherwise transfer the homestead without the non-owner’s consent.
2. Life estate: After the owner’s death, the non-owner can keep the homestead for the rest of their lifetime.

ALRI sought input from stakeholders throughout this project. ALRI consulted with lawyers, real estate agents and brokers, estate and financial planners, land and energy professionals, and the general public. After extensive research and consultation, ALRI has concluded that the protection in the Dower Act is still necessary and should continue but that there are many problems with the Dower Act in its current form.
Some of ALRI’s recommendations are:

• New legislation should provide the same rights to spouse and adult interdependent partners.
• There should be time limits so protections would not apply indefinitely to a former home. The time limits would provide a transition period after a move or separation. At the end of the transition period, protections would no longer apply to a former home.
• New legislation should apply to mobile homes.

This report also recommends changes to reduce administrative burdens, increase efficiency, and strengthen protections. There are also recommendations that would clarify obligations and the rights of third parties.

See the full report at ALRI's website.

BRITISH COLUMBIA LAW INSTITUTE

• BCLI publishes Gender Diverse Legal Writing Guide

ALBERTA LAW REFORM INSTITUTE

• ALRI releases its 2021-2022 annual report.

MANITOBA LAW REFORM COMMISSION

• Manitoba Law Reform Commission publishes its final report on Law of Partition and Sale. 

LAW REFORM COMMISSION OF SASKATCHEWAN

• The Law Reform Commission of Saskatchewan has released its annual report. 

LAW COMMISSION OF ONTARIO

• LCO Releases ‘Environmental Accountability’ Consultation Paper​

BRITISH COLUMBIA LAW INSTITUTE

• BCLI’s 2020 & 2021 Annual Reports Are Now Available Online!

ALBERTA LAW REFORM INSTITUTE

• ALRI publishes summary of recommendations for Alberta's Dower Act.

MANITOBA LAW REFORM COMMISSION

• On June 9th, the Commission released a consultation paper titled “The Parents’ Maintenance Act”. A copy of this report can be found here: Parents’ Maintenance Act Consultation Paper.

LAW COMMISSION OF ONTARIO

• LCO releases ‘Accountable AI’ Final Report.​