Under The Queen’s Bench Rules, a potential litigant may, in some circumstances, obtain a waiver of court fees by obtaining a Needy Person Certificate. Needy Person Certificates are useful, but challenges exist respecting their scope and availability. This report sets out the Commission’s proposals on improving access to justice for the less advantaged members of our community through fee waivers.
Publications by Subject Heading: Administrative Law
Administrative Penalties: Final Report Mar 2012
The Law Reform Commission examines the issues of natural justice and potential procedural unfairness that arise from the administration of penalties by regulatory bodies. Recommendations include allowance for appeals in all cases, with consideration for appropriateness of the appeal, and minimal procedural rule observance.
Appeals from the Exercise of Statutory Powers of Decision: Final Report Mar 2012
Appeals to the courts from decisions directly affecting individuals are usually made by officials under statutory authorization. However, there is a lack of consistency in the form and scope of statutory appeal rights, and some statutes do not provide for appeals. The Commission makes recommendations respecting the right to appeal, grounds of appeal and structure of appeals.
Access to Justice – Needy Person Certificates and Waiver of Fees: Consultation Paper Dec 2011
This paper outlines the current issues in Needy Person Certificates, their scope and availability, and the access to justice issues that arise from different rules in different courts. The Commission cites widespread confusion about eligibility, and seeks solutions to issues regarding eligibility and personal representation, stages of the proceedings, and accessibility to the certificates.
Appeals from Exercise of Statutory Powers of Decision: Consultation Paper Jun 2009
There are two tiers in Saskatchewan administrative law appeals: all decisions may be judicially reviewed on jurisdictional issues, but only some are appealable to the courts on their merits. The Commission recommends that a standard should be established across all administrative schemes that provides a degree of uniformity while conforming to the specific needs of each tribunal.
Administrative Penalties: Consultation Paper Jun 2009
Administrative penalties are relatively new in Saskatchewan. These monetary penalties are imposed by a regulator without the involvement of a court or tribunal. The process raises concerns over procedural fairness. The Commission invites discussion of various legal issues that arise from administrative penalties, with the goal of developing consistent and appropriate principles of fairness and efficiency.
Vaccination and the Law: Consultation Paper Sep 2007
Childhood vaccination programs have been described as “a cornerstone of
improving the health of people worldwide, ” Most people in Saskatchewan
take the benefits of vaccination for granted, and the province has a
successful, publicly funded and delivered childhood vaccination
program. However, the Commission has identified emerging issues that
could threaten public confidence in vaccination programs. Some of these
concerns raise legal s well as medical issues:
1. Compensation for vaccine-related injury
2. Mandatory vaccination
3. Informed consent and refusal
4. Reporting adverse effects
The Commission’s consultation paper is intended to provide background
for public discussion and debate of the issues it identifies.
Handbook on Professional Discipline Procedure Mar 2007
This Handbook is a guide to procedure in disciplinary investigations and hearings conducted by most professional associations in Saskatchewan. Of the 50 self-governing professions in the province, 29 are governed by legislation that incorporates what can be called the “standard model” of disciplinary procedure. The handbook follows the stages of discipline proceedings under the “standard model” from receipt of the complaint to assessment of the penalty.
The handbook directs attention to statutory requirements and explains them. Decision of the courts and the general law governing procedure are discussed when they are relevant.
This publication may also be purchased in a bound, index-tabbed format from the Queen’s Printer.
Model Code of Administrative Procedure for Saskatchewan Administrative Tribunals Oct 2005
In order to promote certainty and efficiency, an increasing number of jurisdictions have adopted model codes of procedure for administrative tribunals. In this paper the Commission formulates a preliminary model code for Saskatchewan tribunals in order to facilitate discussion.
Professional Disciplinary Procedure – Handbook: Draft for Consultation Sep 2004
This handbook provides guidelines for Investigation and Discipline Committees where guidance is not available in current statute or where an organization lacks ready access to legal advice. The handbook is designed for self-governing professional groups following the standard model of internal discipline.
A Model Code of Procedure for Administrative Tribunals: Consultation Paper May 2003
In order to promote certainty and efficiency, an increasing number of jurisdictions have adopted model codes of procedure for administrative tribunals. In this paper the Commission formulates a preliminary model code for Saskatchewan tribunals in order to facilitate discussion.
Compensation of Accused on Acquittal: Tentative Proposals Jul 1987
This Report concerns monetary compensation for those who are innocent and have been drawn into the legal system through no fault of their own. The Commission believes that a scheme of compensation is warranted and would be met with support from the Canadian public. Certain conditions must be met in order to support a claim for compensation.
Compulsory Mental Health Care Act: Proposals Mar 1985
The Commission believes that it is possible to strike a balance between protecting civil liberties and facilitating mental health care for those unable to recognize their own need for treatment. This report includes recommendations on commitment procedures, treatment, and review, and a proposed Act Respecting the Compulsory Commitment of Mentally Disordered Persons.
Lieutenant Governor’s Review Board in Saskatchewan: Tentative Proposals Jan 1984
The Lieutenant Governor’s Warrant allows indeterminate detention of mentally ill offenders and those found unfit to stand trial or not responsible by reason of insanity. The Commission undertakes a study of the provincial advisory board that reviews the cases of those detained under the warrant. It proposes The Lieutenant Governor’s Advisory Review Board Act to provide direction on the review process.