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Federation of Law reform agencies of Canada

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The Alberta Law Reform Institute Publishes final report 111, competence and communication in the Alberta Evidence ACt

2/7/2018

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On occasion, a court must determine whether a proposed witness is credible or competent to give evidence. The question arises with child witnesses, and may also arise for adults with cognitive impairment. Proposed witnesses can be subject to intrusive and confusing questioning that has little to do with their ability to tell the truth. Alberta legislation about competence has not kept pace with modern knowledge about children's abilities, and fails to address adults with cognitive impairment. It also has a gap affecting witnesses who use alternative means of communication.


Modern psychological research has shown that old assumptions about child witnesses are unfounded. While federal legislation has changed to reflect this fact, the Alberta Evidence Act has not. Final Report 111 makes recommendations that will bring Alberta's legislation up-to-date and inline with federal legislation.


Download Final Report 111, Competence and Communication in the Alberta Evidence Act

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  • Home
  • Leadership
    • John Burchill
    • Carol Burgess
    • Karen Campbell
    • Leah Howie
    • Alexandra Pasca
    • Nye Thomas
    • Illana Luther
    • Sandra Petersson
    • Kevin Zakreski
  • Member Agencies
    • Alberta Law Reform Institute
    • British Columbia Law Institute
    • Law Commission of Canada
    • Manitoba Law Reform Commission
    • Access to Justice & Law Reform Institute of Nova Scotia
    • Law Commission of Ontario
    • Law Reform Commission of Saskatchewan
    • Institut Québécois de réforme du droit et de la justice​
  • About
    • Objectives
    • Our History
  • Contact Us