The doctrine of Crown immunity provides that a statute does not bind the Crown unless the statute expressly so states or it is otherwise clear from the enactment that the legislature intended the Crown to be bound. The Commission draws a distinction between legislation currently in force and future enactments in its recommendations for reform.
The presumption of Crown immunity holds that the Crown is not bound by statue unless expressly bound by a specific enactment. This Consultation Paper discusses the presumption and the consequences of reversing it. The Paper discusses how the courts in Canada have interpreted and applied the presumption, reviews the criticisms of the presumption, and considers how reversing the presumption would affect the law in Saskatchewan.
Much of British received law has now been superseded by Saskatchewan legislation or become inapplicable to the conditions of the province. However, some English statutes remain in force, and are routinely applied by the courts. The status of many other English statutes is uncertain. The Commission recommends eliminating the remaining received law.
Though receiving British law facilitated the development of our legal system, the remaining laws are now a source of confusion. The Commission recommends ways of undertaking the complex process of extricating and disposing of applicable English statutes in the province.