Documents
Resources
Learning Center
Upload
Plans & pricing Sign in
Sign Out
Your Federal Quarterly Tax Payments are due April 15th Get Help Now >>

Occupational Health and Safety Law

VIEWS: 33 PAGES: 82

safety

More Info
									                      P bar Y Safety Consultants Alberta Canada




Do you know how the
law works for you!
OCCUPATIONAL HEALTH AND SAFETY LAW
CAN YOU READ THE LAW?
                   P bar Y Safety Consultants Alberta
                                             Canada


ITS AS SIMPLE AS READ LEFT TO RIGHT

ALBERTA LEGISLATION
 Bills, Statutes, Regulations &
 the Alberta Gazette
                      P bar Y Safety Consultants Alberta
                                                Canada


INTRODUCTION

 criminal law deals with offences committed
  against society
 civil law deals with offences committed against
  individuals
 Provincial law applies to the province the
  events take place in and are concurrent with
  municipal laws
                              P bar Y Safety Consultants Alberta
                                                        Canada


CRIMINAL ACTIONS
   the Law Commission of Canada has suggested certain
    conditions must exist for an act to be subject to
    criminal penalty
       harm others
       violate the basic values of society
       using the law to deal with the action must not violate the
        basic values of society
       makes a contribution to resolving the problem
                           P bar Y Safety Consultants Alberta
                                                     Canada


QUASI-CRIMINAL LAW
   laws passed by the provinces, territories, or
    municipalities which are not considered part of
    criminal law
   Eg., types of offences that fall under the Highway
    Traffic Act
   breaking these laws usually results in a fine
                        P bar Y Safety Consultants Alberta
                                                  Canada


TYPES OF CRIMINAL OFFENCES

 summary conviction
 indictable offences

 hybrid offences
                         P bar Y Safety Consultants Alberta
                                                   Canada


SUMMARY CONVICTION OFFENCES
   minor criminal offences
   can be arrested and summoned to court without delay
   generally maximum penalty is $2000 and/or six
    months in jail
   the Controlled Drugs and Substance Act specifies a
    maximum penalty of $2000 and or imprisonment for
    one year for possession of narcotics
   Provincial Laws are all SUMMARY CONVICTION LAWS
    as are Municipal Bylaws
                     P bar Y Safety Consultants Alberta
                                               Canada


HYBRID OFFENCES

 treated as indictable offences but the Crown
  attorney can adjust to summary
 e.g., theft
                           P bar Y Safety Consultants Alberta
                                                     Canada


THE ELEMENTS OF A CRIME
   two conditions must exist for an act to be a ―criminal
    offence" Actus reus and mens rea
   actus reus is a wrongful deed
   mens rea means guilty mind
   Charter of Rights and Freedoms states that a person
    is "to be presumed innocent until proven guilty
    according to law― this applies to provincial laws also
    but mens rea is not part of the act, although due
    diligence ( or absolute prudence ) applies instead.
   It is also called vicarious liablitity
                                  P bar Y Safety Consultants Alberta
                                                            Canada

VICARIOUS LIABILITY

   Vicarious liability means that employers such as hospitals are
    responsible for the acts of their employees if the acts are within the
    scope of employment. An employer is responsible for the acts of an
    employee as long as the employee's acts are within the person's job
    description.
   The rationales for vicarious liability are that the employees actions
    are part of the hospital's business thus, in effect, are the hospitals'
    actions; any action by the employee is done at the employer's
    instructions; and the employer is in a better financial position to pay
    legal damages.
   However, employees are also responsible for their own acts.
    Professional regulatory bodies may take away the ability to practice.
    Healthcare workers may be sued in civil cases. As well, the state may
    lay criminal charges against a worker in cases of gross negligence
    resulting in serious harm.
                         P bar Y Safety Consultants Alberta
                                                   Canada


INTENT OR KNOWLEDGE
   intent is the true purpose of the act
   based on the facts and on what a reasonable person
    would be thinking under the circumstances
   can be either general or specific
                      P bar Y Safety Consultants Alberta
                                                Canada

A)   GENERAL INTENT

 to perform an action means that the intent is
  limited to the act itself and the person has no
  other criminal purpose in mind
 e.g., trespassing only
                     P bar Y Safety Consultants Alberta
                                               Canada

B)   SPECIFIC INTENT

 exists when the person committing the offence
  has a further criminal purpose in mind
 e.g., breaking and entering with intent to
  commit robbery (2 offences, breaking and entry
  and robbery)
                   P bar Y Safety Consultants Alberta
                                             Canada


KNOWLEDGE

 of certain facts can also provide the
  necessary mens rea
 a person commits fraud when they use a
  credit card they know has been
  cancelled—one does not have to prove
  intent just prove they knew the card was
  cancelled
                         P bar Y Safety Consultants Alberta
                                                   Canada

MOTIVE
   the reason for committing an offence
   it does not establish the guilt of the accused
   may be used as circumstantial evidence--
    indirect evidence that would lead you to
    conclude that someone is guilty
   the judge may also refer to the motive for an
    offence during sentencing
                    P bar Y Safety Consultants Alberta
                                              Canada

RECKLESSNESS

 is the careless disregard for the possible
  results of an action
 driving over the speed limit and cutting
  people off in traffic could result in
  criminal charges if injury occurs as a
  result of these actions
                           P bar Y Safety Consultants Alberta
                                                     Canada


OFFENCES WITHOUT A MENS REA
   violations of federal or provincial regulations, which
    are less serious offences than those in the Criminal
    Code, do not require that the mens rea be proven
   eg., violations of federal or provincial regulations
    passed to protect the public—speeding and polluting
    the environment which are called regulatory offences
                           P bar Y Safety Consultants Alberta
                                                     Canada




   two types of regulatory offences: strict liability
    offences and absolute liability offences
    -strict liability offences -prove only the offence was
       committed
    -defence of accused is DUE DILIGENCE which means
       that the accused took reasonable care not to commit
       the offence or honestly believed in a mistaken set of
       facts
    -absolute liability offences-Crown does not have to
       prove mens rea--there is no possible defence
                       P bar Y Safety Consultants Alberta
                                                 Canada




 Canadian law does not specify which regulatory
  offences are strict liability or absolute liability
 it is left to the court to decide what the
  government intended
                         P bar Y Safety Consultants Alberta

ATTEMPT                                            Canada




   a person who intends to commit a crime but
    fails to complete the act may still be guilty of a
    criminal offence
   proving attempt means proving that there was
    intent
   the actus reus for an attempt begins when the
    person takes the first step toward committing
    the crime
   if the crown was unable to prove that an offence
    was committed the accused may be convicted
    of attempt
                        P bar Y Safety Consultants Alberta
                                                  Canada


PARTIES TO AN OFFENCE
   a) Aiding
    aiding means to help someone commit a crime
   b) Abetting
    abetting means to encourage someone to commit a
      crime
    must prove the following two items for aiding and
      abetting
    1)        accused had knowledge the person
      intended to commit an offence
    2)        the accused actually helped or encouraged
      the person to commit the offence
                          P bar Y Safety Consultants Alberta
                                                    Canada


CRIMINAL OFFENCES AND PROCEDURES

    a) Summary and Minor Indictable Offences
     Procedures
    must be charged within six months of
     committing an offence
    court judge hears the evidence and gives the
     verdict
    for traffic offences a court appearance is not
     necessary if you are signing the guilty plea on
     the ticket citation and you pay the fine
                                                P bar Y Safety Consultants Alberta
                                                                          Canada


IT ALL STARTS WITH BILL
   Each year the public acts and private acts enacted by the Legislature that year (bills that receive Royal
    Assent) are published by the Queen's Printer in a hard-cover volume. The volume also contains
    reference materials. The annual volumes of the Statutes of Alberta are the authoritative source for
    interpreting and applying Alberta's acts.
   Public acts include entirely new public acts, public amendment acts, repeal acts and appropriation
    acts. Private acts are brought forward (or "petitioned") by Members of the Legislative Assembly, and
    do not affect the population as a whole.
   The annual volume contains:
   a table of contents that lists the acts by chapter number
   an alphabetical list of acts
   public acts enacted in that year
   private acts enacted in that year
Reference materials.
   The first page of each act contains the following information:
   the bill number under which the act was introduced in the Legislative Assembly (in the upper left
    hand corner)
   the title of the act
   the chapter number assigned to the act
   the date on which the act was given Royal Assent.
                             P bar Y Safety Consultants Alberta
                                                       Canada


DRAFTING NEW ACTS & AMENDMENTS

•   Draft legislation
    –   Bills are drafted by the Legislative Assembly Office,
        Legal Services through Parliamentary Counsel
    –   Parliamentary Counsel advise MLAs and their staff
        and assist in drafting amendments
    –   They also advise and assist in drafting private
        members' bills and Private bills.
    –   Drafts of new bills, amendments to acts, draft
        regulations are NOT available to the public
                     P bar Y Safety Consultants Alberta
                                               Canada


TYPES OF BILLS

                 Government bills:
 approved by Cabinet, usually introduced by a
  Minister
 potentially pass because the majority of MLAs
  belong to the party in government
 Are numbered 1 – 199
                       P bar Y Safety Consultants Alberta
                                                 Canada


TYPES OF BILLS

            Private members‘ public bills

 Sponsored by MLAs from any party
 Do not have Cabinet‘s formal approval

 Occasionally pass

 Are numbered 200 – 400
                        P bar Y Safety Consultants Alberta
                                                  Canada


HOW A BILL BECOMES AN ACT
•   There are 5 steps a bill follows in becoming an
    act and sometimes a 6th step is required

•   1st Reading
•   2nd Reading
•   Committee of the Whole
•   3rd Reading
•   Royal Assent or a date named in the bill
•   Proclamation at a future ‗Coming into force‘
    date
                      P bar Y Safety Consultants Alberta
                                                Canada

HOW A BILL BECOMES AN ACT:
FIRST READING
 1st reading is when the bill is ―Introduced‖ to
  the Legislature
 The Minister or MLA sponsoring the bill will
  introduce it by name and number and make a
  brief statement about the purpose of the bill -
  No debate occurs at this point
 Members will review & consider it for future
  debate
                       P bar Y Safety Consultants Alberta
                                                 Canada

HOW A BILL BECOMES AN ACT:
SECOND READING


 The bill is debated in principle
 members speak for or against it

 a vote is taken, if passed it moves on to
  Committee of the Whole
                      P bar Y Safety Consultants Alberta
                                                Canada

HOW A BILL BECOMES AN ACT:
COMMITTEE OF THE WHOLE
 Bill is discussed in detail
 Each clause may be reviewed

 Amendments are made here

 Rules of procedure follow committee rules with
  a Chair, rather than Legislative Assembly rules
  with a Speaker
 Bill is approved and moves on 3rd reading
                     P bar Y Safety Consultants Alberta
                                               Canada

HOW A BILL BECOMES AN ACT:
THIRD READING
 More debate occurs (with a return to Assembly
  rules)
 More amendments could be made

 Vote taken for last time

 If passed moves on to Royal Assent
                        P bar Y Safety Consultants Alberta
                                                  Canada

HOW A BILL BECOMES AN ACT:
ROYAL ASSENT - IS IT LAW NOW?
•   A bill can only become law once it is given RA
•   Usually occurs within a few days of passing 3rd
    reading
•   Once RA is given it is no longer a bill but is an
    Act or a law
•   Chapter number is assigned, e.g. Bill 1
    becomes c. 40 or maybe c. A-5.1
•   However, it may not yet be a law that is in force
                            P bar Y Safety Consultants Alberta
                                                      Canada

HOW A BILL BECOMES AN ACT:
WHEN DOES IT COME INTO FORCE?
•   Acts come into force in three ways:
    –   On the date of Royal Assent
    –   On a date specified within the Act
    –   By Proclamation
•   Acts can be brought into force entirely or in part
•   Each method can be used alone or in
    combination, e.g. the majority of the act comes
    into force on RA except for section 14, which
    comes into force on proclamation
                         P bar Y Safety Consultants Alberta
                                                   Canada

HOW A BILL BECOMES AN ACT:
WHEN DOES IT COME INTO FORCE?
•   If the last page of the bill says nothing about
    coming into force on proclamation or a specific
    date, it will be in force on Royal Assent.
•   The date of RA is shown on the first page once
    it is printed as a chapter or an act.
•   Or, the last page or the end of the bill will state
    it CIF on proclamation or on a specific date or
    that sections CIF on a specific date.
                      P bar Y Safety Consultants Alberta
                                                Canada

PROCLAMATIONS:
HOW DO I KNOW WHEN IT IS PROCLAIMED?
 The decision as to when proclamation will be
  announced is made by Cabinet
 But the actual Proclamation is issued by the
  Lieutenant Governor
 Proclamation is printed in the Alberta Gazette
  Part I, twice per month.
                     P bar Y Safety Consultants Alberta
                                               Canada

PROCLAMATIONS:
THE ALBERTA GAZETTE PART I
 A proclamation date may be retroactive, current
  or a date in the future.
 Proclamations all begin as Orders in Council so
  you could watch the AB govt. Orders in Council
  website for the earliest notice of a
  proclamation.
                       P bar Y Safety Consultants Alberta
                                                 Canada


REGULATIONS & ORDERS IN COUNCIL

 Acts state what is allowed
 Regulations give specific details (how, where,
  when, who, etc.)
 All regulations begin as Orders in Council but
  all OICs do NOT become regulations
 You CANNOT obtain draft copies of Alberta
  regulations (federal yes); the OIC is the earliest
  copy of the reg. you can obtain
                      P bar Y Safety Consultants Alberta
                                                Canada


ORDERS IN COUNCIL
 OICs are orders of the Lieutenant Governor
  upon the advice of Cabinet.
 Derive their authority from statutes
 For OICs prior to 1998 you may have to contact
  the Legislature Library or the Ministry that the
  OIC falls under.
 Alberta Gazette Part I prints OICs required by
  statute to be printed
        STATUTE LAW
Statute law is that body of law which is enacted by a competent legislative body, such
     as the Parliament of Canada or the Legislative Assembly of a province or territory.
     It is statute law, and in particular the Criminal Code that will be the principle
     focus of this course.
Federal Statutes apply to everyone in Canada and to the actions of some people
     outside of Canada. Some examples are:
· The Criminal Code
· The Controlled Drugs and Substances Act
· Transportation of Dangerous Goods Act
Provincial Statutes apply to everyone located in the province in question.
     Some examples are:
· Vehicles Act
· Liquor Act.
Municipal statutes subordinate to provincial legislation, usually called "by-laws or
     "ordinances", apply to all persons found in that municipality. Some examples are:
· Parking By-Law
· Noise Control By-Law
PROVINCIAL LAW IS WRITTEN JUST LIKE
FEDERAL LAW
    HOW TO CITE REGULATIONS

A regulation may be cited by its title, or as
  "Alberta Regulation" or "Alta. Reg." or "AR"
  followed by its number, a slash and the last
  two figures of the calendar year of the
  filing of the regulation. For example, the
  Partnership Regulation may be cited as:
 Partnership Regulation, or

 Partnership Regulation, Alberta Regulation
  276/99, or
 Partnership Regulation (Alta. Reg.
  276/99), or
    THAT IS WHY IT CALLED A REFERENCE

Reference aids are placed at the end of the
  annual volume and in the supplement
  volume of the loose-leaf statutes. The
  reference materials included are:
Proclamation Tables - (printed on white paper)
These tables list:
 all enactments brought into force by
  proclamation
 unproclaimed public enactments

 acts amended by unproclaimed enactments
Sections, Subsections, etc.
 Every act is composed of numbered sections, cited
  as section 1, 2, 3, etc.
 many sections are further divided into two or more
  subsections, cited as subsection (1), (2), (3), etc.
 some sections and subsections contain clauses,
  cited as clause (a), (b), (c), etc., subclauses, cited as
  subclause (i), (ii), (iii), etc.,paragraphs, cited as
  paragraph (A), (B), (C), etc., and subparagraphs,
  cited as subparagraph (I), (II), (III), etc.
      REMEMBER IN CANADIAN LAW IT IS
      YOUR RIGHT
These principles, until recently were not codified, but were accepted as the
    common law. Several have now been enshrined in the Canadian Charter of
    Rights and Freedoms and are so indicated.
1. Accused is innocent until proven guilty. (Charter)
2. Accused is entitled to make a full answer to Court in defence of a charge. They
    must know the date of the offence and place it was committed. (Charter)
3. Accused are entitled to be tried by their peers (equals). This is basically correct,
    but not in all instances. Many cases are tried by a Provincial Court Judge who
    has absolute jurisdiction. However, in serious offenses, people have the right to
    a jury trial. (Charter)
4. Accused is entitled to be tried by a Court authorized by the Constitution Act of
    1867.
5. To be found "guilty" the accused must be proven guilty beyond a reasonable
    doubt. (Charter)
6. Accused is usually entitled to be tried in the area where the crime was
    committed. (Accused can request a "change of venue" if desired. See Section
    599, Criminal Code. Some crimes such as those committed outside of Canada
    may be tried in any Canadian jurisdiction.)
7. Accused can be arrested only pursuant to the due authority of law.
8. A person's home is their castle and can be entered only with their
    consent, or due process of the law.
9. Generally, the Crown must prove the accused had the evil
    intention/guilty mind (mens rea) to commit the crime.
10. People are responsible for the natural consequences of their own
    acts.
11. People are entitled to know the reason for their arrest. (Charter)
    APPENDIX "B"
12. A person cannot be forced to convict himself (herself). No one can
    be convicted on their own admission alone - nor can they be forced
    to testify in a circumstance that would convict them. (Charter and
    Canada Evidence Act). (There are some exceptions for
    administrative offences, such as the B.C. Motor Vehicle Act or the
    Fisheries Act.)
         LASTING PRINCIPLES BINDING RIGHTS
13. Ignorance of the law is no excuse.
14. An accused cannot be tried twice for the same crime.
    (Charter) (Canada does not recognize foreign trials in absentia generally).
15. A person under the age of twelve lacks the ability to have "Mens Rea".
    (s. 13 Criminal Code )
16. People can only be punished after conviction and within the limits as authorized by
    law.
17. A person can only be charged and convicted with a crime known at law and
    pursuant to a statute.
    (Criminal Code and Charter)
18. Accused persons are entitled to have counsel if they so desire. (Charter)
19. Generally speaking, the accused's character or general reputation is not at stake
    unless the accused first advances their character in defence. (Criminal Code)
                                                                                  P bar Y Safety Consultants Alberta
                                                                                                            Canada

REGULATIONS
•   Regulations are drafted by Legislative Counsel
•   Most regulations are printed in the Alberta Gazette, Part II. However, s.17 of
    the Regulations Act Regulation, exempts from publication:
•   Exemptions from Act
•   17 (1) The following are exempt from the application of the Act:
•   (a) by-laws made under the Provincial Health Authorities of Alberta Act ;
•   (b) all regulations and orders made under the Oil and Gas Conservation Act , other than regulations made under sections 10(1), 35, 58 and 59 of that Act;
•   (c) all regulations and orders of the Energy Resources Conservation Board made pursuant to a regulation under a provision of the Oil and Gas Conservation Act set out in clause (b);
•   (d) all orders of the Energy Resources Conservation Board made under the Turner Valley Unit Operations Act ;
•   (e) all orders of the Alberta Utilities Commission made under the Oil and Gas Conservation Act ;
•   (f) all regulations made under the Financial Administration Act , other than regulations made under sections 2 and 71 of that Act;
•   (g) all regulations made by a producer board constituted under the Marketing of Agricultural Products Act that relate to the determination, fixing, alteration or cancellation of prices
    respecting any product regulated by the producer board;
•   (h) all orders of the Alberta Dairy Control Board under the Dairy Board Regulation (AR 207/96);
•   (i) all regulations made under the Public Service Act ;
•   (j) all rules of the Registrar of the Metis Settlements Land Registry made under section 60 of the Metis Settlements Land Registry Regulation (AR 361/91);
•   (k) all regulations made under section 229(1) of the Metis Settlements Act ;
•   (l) all by-laws made under the Medical Profession Act , except section 31, by the Council of the College of Physicians and Surgeons of the Province of Alberta;
•   (m) all orders made by the Lieutenant Governor in Council under section 6 of the Provincial Parks Act ;
•   (n) repealed AR 210/2007 s2;
•   (o) all orders of the Minister under sections 3(1), 7, 14(1) and 28(1) of the Public Highways Development Act ;
•   (p) all orders of the Lieutenant Governor in Council under section 25(1) of the Public Works Act ;
•   (q) all orders of a Minister prescribing a maximum speed under the Traffic Safety Act ;
•   (r) all orders of the Minister under section 6 of the Natural Gas Royalty Regulation, 2002 (AR 220/2002) and section 7 of the Natural Gas Royalty Regulation, 2009 ;
•   (s) all orders of the Minister under section 1.1 of the Petroleum Royalty Regulation (AR 248/90) or section 5 of the Petroleum Royalty Regulation, 2009 ;
•   (s.1) all orders of the Minister under section 8 of the Oil Sands Royalty Regulation, 2009 ;
•   (s.2) all orders of the Minister under section 2(3) of the Oil Sands Allowed Costs (Ministerial) Regulation (AR 231/2008);
•   (s.3) all orders of the Minister under section 1(4) of the Bitumen Valuation Methodology (Ministerial) Regulation (AR 232/2008);
•   (t) repealed AR 119/2008 s8;
•   (u) all by-laws made under the Teaching Profession Act , except by-laws referred to in section 28(1);
•   (v) all rules and resolutions made under the Legal Profession Act ;
•   (w) all regulations made under section 20(1)(b) of the Court of Queen’s Bench Act ;
•   (x) all orders of the Minister made under section 4 of the Court Agents Regulation (AR 68/2001).
•   (2) Repealed AR 254/2007 s43.
•   (3) An order or regulation referred to in subsection (1)(m) or (n) must be published in Part I of The Alberta Gazette.
•   (4) An order or regulation referred to in subsection (1)(m) or (n) that was made before the coming into force of this subsection and was published in Part II of The Alberta Gazette is
    considered to have been published within the meaning of subsection (3).
•   AR 288/99 s17;251/2001;26/2002;5/2003;221/2004;210/2007;254/2007; 119/2008;221/2008;222/2008;223/2008;34/2009
                                P bar Y Safety Consultants Alberta
                                                          Canada


REGULATIONS
   Come into force similar to statutes, either:
       on the date they are filed or
       a date specified within the regulation
   The date is found beside the header of the regulation
    in the paper or PDF but not in electronic copies.
   The Gazette publishes individual regs. (new &
    amendments)
   There is no paper consolidation of regulations ; use
    QP Source
   PDFs are NOT official – paper bound vols. are
                P bar Y Safety Consultants Alberta
                                          Canada


REGULATIONS – IN FORCE DATE
                                  P bar Y Safety Consultants Alberta
                                                            Canada


HER MAJESTY’S BOOK STORE
   The Queen's Printer also publishes a 16-volume loose-leaf
    consolidation of the public acts, excluding appropriation acts. These
    volumes are updated as soon as possible after new acts are enacted
    or amendments come into effect. Volumes 1 to 15 consolidate the
    public acts enacted by the Alberta Legislature. Volume 16 also
    contains those amendment acts from the Revised Statutes of Alberta
    2000 that are still awaiting proclamation, RSA 2000 Schedules A to
    D, proclamation tables, and the Table of Public Statutes (printed on
    pink paper).
   The loose-leaf version is an unofficial consolidation. The original acts,
    in the hard cover volumes of the Revised Statutes of Alberta 2000
    and the annual Statutes of Alberta, should be consulted for all
    purposes of interpreting and applying the law.
                          P bar Y Safety Consultants Alberta
                                                    Canada

INDEX TO REGULATIONS: ONE INDEX UNDER EVERY YEAR – INCLUDES
HISTORY OF AMENDMENTS, CUMULATED TO THAT YEAR END
                       P bar Y Safety Consultants Alberta
                                                 Canada

CONSEQUENTIAL AMENDMENTS

 Consequential amendments in an act amend
  other acts that are affected by that
  act. Consequential amendments are included in
  the acts as published in the annual volume.
 In the loose-leaf statutes and office
  consolidations, all amendments are incorporated
  into the amended acts. If an act made
  consequential amendments to other acts, an
  editorial note to that effect is included in the
  consolidated amending act
                         P bar Y Safety Consultants Alberta
                                                   Canada


THEY CHANGE OUR MINDS EVERY 15 DAYS

   Regulations filed under the Regulations Act,
    except those exempted from publication under
    that act, are published in Part II of The Alberta
    Gazette within a month of being filed. The
    Gazette is available from the Queen's Printer
                                          P bar Y Safety Consultants Alberta
                                                                    Canada

DEFINITIONS

   Most acts contain a definition section that lists, in alphabetical order, definitions of
    terms used in the act. The definition section is usually at the beginning of the
    act. However, definitions that are restricted in their application to a section, part,
    division or other portion of an act may be at the beginning of that section, part,
    division or other portion.
   Marginal Notes and Section Headers (Sidenotes)
   Marginal notes and section headers (sidenotes) are not part of the statute and
    should not be relied on to interpret the act. They are included only for convenience
    of reference and may be changed editorially whenever appropriate.
   Sections, Subsections, etc.
   Every act is composed of numbered sections, cited as section 1, 2, 3, etc.
   many sections are further divided into two or more subsections, cited as subsection
    (1), (2), (3), etc.
   some sections and subsections contain clauses, cited as clause (a), (b), (c), etc.,
    subclauses, cited as subclause (i), (ii), (iii), etc.,paragraphs, cited as paragraph (A),
    (B), (C), etc., and subparagraphs, cited as subparagraph (I), (II), (III), etc.

                                    P bar Y Safety Consultants Alberta
                                                              Canada


THE KEY WORDS ARE IMPORTANT
   Browse the index. State statutes are organized by topic and subtopic. By
    browsing the index or table of contents of the state statute you can get an
    idea of how the issue you are researching fits in with the larger whole.
   2 Read the text carefully. State statutes can be complicated and wordy.
    Read the statutory language slowly and carefully to make sure you
    understand it, then read it again.
   3 Note the use of any "ands," "ors," "Mays," "shall" and similar words. These
    words are key to reading and understanding a state statute. "And" means all
    elements of a series are required while "or" means that only one of the
    elements is required. "Shall" means you must do something while "may"
    means that you can do something but it is not required.

                                        P bar Y Safety Consultants Alberta
                                                                  Canada

HOW TO CITE STATUTES (ACTS)

   Statutes (Acts) are referred to by their titles. For court and other legal purposes, a
    complete citation would consist of the title of the act followed by a reference to the
    more recent of
   the most recent statute revision in which that act was included
   the year in which the act was enacted (received Royal Assent)
   plus the chapter number of the act.
   Entirely new public acts are given alpha-numeric chapter numbers; other acts are
    numbered Chapter 1, 2, 3 etc.
   The statute revision is cited in this form: Revised Statutes of Alberta 2000. This may
    be abbreviated as RSA 2000.
   Years of enactment are cited in this form: Statutes of Alberta, 2002. This may be
    abbreviated as SA 2002.
   Here are some examples of citations of acts:
   Cooperatives Act (SA 2001 cC-28.1);
   Hospitals Act (RSA 2000 cH-12);
   Public Works Amendment Act, 2002 (SA 2002 c21).
                              P bar Y Safety Consultants Alberta
                                                        Canada

HOW TO CITE REGULATIONS

   A regulation may be cited by its title, or as "Alberta
    Regulation" or "Alta. Reg." or "AR" followed by its number, a
    slash and the last two figures of the calendar year of the
    filing of the regulation. For example, the Partnership
    Regulation may be cited as:
   Wildlife Regulation, or
   Wildlife Regulation, Alberta Regulation 143/97, or
   Wildlife Regulation (Alta. Reg. 143/97), or
   Wildlife Regulation (AR 143/97)
   Beginning with regulations filed in the year 2000, all four
    figures of the calendar year are used in Alberta Regulation
    numbers; for example, Change of Name Regulation (AR
    16/2000).
                         P bar Y Safety Consultants Alberta
                                                   Canada

INTERPRETATION ACT

   Users of the Statutes of Alberta should be
    aware of the Interpretation Act (RSA 2000 cI-
    8). It sets out various presumptions,
    definitions, and rules of statutory interpretation
    and construction that apply to all Alberta acts
    and regulations. For example, the
    Interpretation Act contains definitions that
    apply to words and phrases used in all acts,
    except where an act indicates otherwise.
                                                    P bar Y Safety Consultants Alberta
                                                                              Canada

DECIMAL NUMBERING

   The numbering system can be easily understood by regarding each section number as if it were followed by a decimal
    point and some zeros that are not shown; that is, section 4 can be thought of as 4.0 or 4.00 etc.
   In applying the system, only one decimal place is usually needed, so that between sections 4 (4.0) and 5 (5.0)
    sections 4.1 to 4.9 can be added (4.10 is not used since it is the same as 4.1), for a total of nine sections.
   By later amendments, up to nine more sections can be added between any two sections by using two decimal places,
    for example:
   between section 4 and 4.1, sections 4.01 to 4.09 can be added,
   between sections 4.1 and 4.2, sections 4.11 to 4.19 can be added, and
   between sections 4.9 and 5, sections 4.91 to 4.99 can be added
   and in the same manner a further nine sections can be added between any of those sections by using three decimal
    places. If it is necessary to add more than nine sections in the same place at the same time, then some of the
    sections are numbered using an additional decimal place.
   The same rules apply to adding new subsections, clauses, subclauses and paragraphs, so that
   subsections are numbered (1.1) to (1.9),
   clauses are numbered (a.1) to (a.9),
   subclauses are numbered (i.1) to (i.9),
   paragraphs are numbered (A.1) to (A.9), and
   subparagraphs are numbered (I.1) to (I.9).

                       P bar Y Safety Consultants Alberta
                                                 Canada

PARTS, DIVISIONS

   Some acts are divided into numbered parts,
    cited as Part 1, Part 2, etc. A part may be
    divided into divisions cited as Division 1,
    Division 2, etc.
                            P bar Y Safety Consultants Alberta
                                                      Canada

TRANSITIONAL PROVISIONS

   If an act or provision cannot come into force on an
    intended day without hardship or confusion occurring,
    the act may contain a transitional provision. Transitional
    provisions are used to provide for the transition from an
    earlier act to the act that replaces it, or to phase in how
    a new or an amending act applies to persons affected by
    it. A transitional provision may be included in an act if,
    for example, certain provisions of the previous act will
    apply for a significant period of time or if the provisions
    may affect many persons. Transitional provisions are
    usually located near the end of the act.
                                          P bar Y Safety Consultants Alberta
                                                                    Canada

REPEAL PROVISIONS

   Provisions repealing other acts are placed near the end of the act, immediately
    before the coming into force section.
   Coming Into Force Provisions
   The section dealing with the coming into force of an act or of provisions of an act is
    usually the last section of the act. If there is no coming into force provision in an act,
    the Interpretation Act (RSA 2000 cI-8) provides that the act comes into force on the
    date of Royal Assent. The Royal Assent date is on the first page of each act in the
    annual statute volume, following the chapter number.
   If an act, or a portion of an act, comes into force in a manner other than by Royal
    Assent, the last section of the act will set out the method. The act, or portion of the
    act, may come into force on proclamation or on a named future date, or may be
    deemed to have come into force on a named previous date.
   Citations (Historical References)
   Each section of a consolidated act is followed by the citation for that section and the
    citations of any amendments to that section. Citations do not form part of the
    act. They are added editorially.
                      P bar Y Safety Consultants Alberta
                                                Canada


SCHEDULES

 Several Acts and Regulations have SCHEDULES
 These are table or listing of restricted or
  prohibitted items in law that a much to large to
  just publish by sections or subsections
 The Alberta Occupational Health and Safety
  Code has these types of SCHEDULES
                       P bar Y Safety Consultants Alberta Canada




How the game is played in here

THE CRIMINAL COURT SYSTEM
                               P bar Y Safety Consultants Alberta
                                                         Canada


THE CRIMINAL COURT STRUCTURE
   Responsibility for Canada‘s criminal courts is divided between
    the Federal and Provincial governments.
   The Federal parliament is responsible for formulating criminal
    law and establishing courts to administer various federal laws.
   The Supreme Court of Canada, The Federal Court of Canada
    and the Tax court of Canada are good examples.
   The Provincial court system consists of provincial courts and
    the superior court of the province.
   Provincial courts have trial divisions, superior courts have both
    trial and appeals divisions.
                                           P bar Y Safety Consultants Alberta Canada




Figure 7.2 The Canadian Criminal Court Structure and Avenues of Appeal, p. 163
                                     P bar Y Safety Consultants Alberta
                                                               Canada

THE PROVINCIAL COURT, CRIMINAL
DIVISION
   Provincial court is the lowest level of Canadian courts.
   Judges are appointed by the provincial government and cases are tried by
    judge alone.
   They have the jurisdiction to hear summary conviction offences, less serious
    crimes that carry a lighter penalty, and certain indictable offences, more
    serious crimes that carry a heavier penalty.
   A person‘s first contact with the criminal court system is usually in provincial
    court, because this court conducts all preliminary hearings, a judicial
    inquiry to determine whether there is sufficient evidence to put the accused
    person on trial.
   An appeal is an application to a higher court to review the decision made by
    a lower court. An appeal from the provincial court regarding a summary
    conviction offence is heard by a single judge of the superior court. If it‘s
    regarding an indictable offence, it is heard by the appeals division of the
    superior court, a panel of three to five judges.
                           P bar Y Safety Consultants Alberta
                                                     Canada




   Hears only appeals, from provincial courts of appeal
    and the Federal Court of Appeal.
   Grants leave, permission to appeal, for matters of
    national significance or when decisions conflict in the
    provincial appeals court.
   The federal government may ask the court to rule on
    questions relating to constitutional issues or other
    federal concerns.
   Other federal courts include the Tax Court of Canada,
    which deals with income tax matters and the Court
    Martial Appeals court, which hears appeals from courts
    in the armed forces.
                        P bar Y Safety Consultants Alberta
                                                  Canada


THE PARTICIPANTS
  There are two fundamental principles of Canada‘s
   criminal justice system:
1. An accused person is innocent until proven guilty.
2. Guilt must be proven beyond a reasonable doubt.
Beyond a reasonable doubt is a standard of proof
   whereby a defendant‘s guilt must be proven to the
   extent that a reasonable person would have no
   choice but to conclude that the defendant did
   indeed commit the offence.
                               P bar Y Safety Consultants Alberta
                                                         Canada


THE JUDGE
   The judge is the court official appointed to try cases in a
    court of law and to sentence convicted persons.
   Makes decisions on such things as admissibility of evidence
    and interpretation of the law.
   In a jury trial, the judge is the trier of law and the jury the
    trier of fact. The judge instructs the jury on points of law,
    the jury decides the verdict based on the judge‘s
    instructions and the evidence or facts presented, and the
    judge sentences the person. In a non-jury trial, the judge
    does both.
   A Justice of the Peace is a court official who has less
    authority than a judge but can issue warrants and perform
    other judicial functions.
                      P bar Y Safety Consultants Alberta
                                                Canada


THE DEFENCE
 The Accused or defendant is the person
  charged with committing a criminal offence.
 Duty counsel refers to a lawyer on duty in a
  courtroom or police station to give free legal
  advice to persons just arrested or brought
  before the court.
 Defence counsel is the lawyer who defends an
  accused person on trial.
                      P bar Y Safety Consultants Alberta
                                                Canada


THE PROSECUTION

 The crown attorney or prosecutor is the lawyer
  representing the government. They are
  responsible for bringing forward credible
  evidence of a crime.
 Evidence is information that tends to prove or
  disprove the elements of an offence.
                               P bar Y Safety Consultants Alberta
                                                         Canada


COURT PERSONNEL
   Court Clerk – assists the judge by keeping a record of the trial
    exhibits, administering oaths and announcing the beginning or
    end of the court session.
   Court reporter – records word for word everything said during
    the trial. If required the reporter can produce a transcript or
    typed record of everything said in court.
   Court security officer – handles accused persons who are in
    custody and helps maintain security in the courtroom.
   Sheriff – responsible for the jury, including summoning,
    paying, secluding and guarding them.
   Bailiff – court official who assists the sheriff.
                               P bar Y Safety Consultants Alberta
                                                         Canada


THE WITNESSES
   Witnesses give evidence, under oath or affirmation, of their
    knowledge of the circumstances surrounding a crime.
   They are compelled to appear in court by a subpoena, a court
    order requiring the witness to appear in court on a certain date
    to give evidence.
   Failure of a witness to appear can result in a contempt of court
    charge for obstructing the course of justice and disobeying the
    court‘s authority.
   Committing perjury, knowingly making false statements in court
    while giving evidence, is a serious offence. The maximum
    penalty is 14 years in jail.
                             P bar Y Safety Consultants Alberta
                                                       Canada




1.   The judge explains to the jury their role as the trier of
     facts. The jury then selects a foreperson who will
     represent them and communicate with the judge, as well
     as lead the jury through deliberations and read the
     verdict at the end of the trial.
2.   The Crown‘s opening statement.
-    Begins every trial, as the Crown has the burden!
-    It identifies the offence committed, summarizes the
     evidence against the accused and outlines how the crown
     will present its case.
3.   Crown examines witnesses.
-    First examination of a witness is called direct
     examination, where each witness is asked to tell what he
     or she observed about the crime.
-    The defence then cross-examines the witness, to test the
     accuracy of the evidence or to convince the jury that there
     are contradictions to the witnesses testimony.
                                     P bar Y Safety Consultants Alberta
                                                               Canada
TYPES OF EVIDENCE
   Direct evidence – testimony by a witness to prove an
    alleged fact. (eyewitness)
   Circumstantial evidence – indirect evidence that leads to a
    reasonable inference of the defendant‘s guilt. To be
    admissible the defendant‘s guilt must be a conclusion
    drawn from the evidence.
   Character evidence – establishes the likelihood that the
    defendant is the type of person who either would or would
    not commit a certain offence. The Crown is not allowed to
    attack the defendant‘s character but the defence is allowed
    to show the defendant‘s good character. Once done
    however, the Crown can rebut this evidence by using the
    defendant‘s past convictions.
   Electronic Surveillance – admissible provided wire tapping
    or bugging was authorized before hand by a judge.
   Voir Dire - A trial within a trial where the jurors are excluded while the
    admissibility of evidence is discussed.
                              P bar Y Safety Consultants Alberta

APPEALS                                                 Canada




   The ability to appeal is an important safeguard in our system.
   Notice of an appeal must be filed quickly, usually within 30
    days.
   An appeals court hearing the case can affirm the lower court‘s
    decision, reverse it or order a new trial.
   Both the defence and the Crown can appeal a case it considers
    improper. They can appeal the decision or the sentence.
   The side that files the appeal is called the appellant, the
    responding side is called the respondent.
                        P bar Y Safety Consultants Alberta
                                                  Canada


ADMINISTRATIVE LAW

   These are noted in the legislation and they give
    the governing bodies certain rights to impose
    ADMINISTRATIVE PENALITIES OUT SIDE THE
    NORMAL COURT CIRCLES OF JUSTICE BUT ARE
    EQUALLY BINDING UNDER LAW
                        P bar Y Safety Consultants Alberta
                                                  Canada


PENALTY WITH OUT OFFICIAL COURTS
 Administrative adjudicators make decisions
  respecting t h e rights and
 interest s of citizens across a very wide spectru m
  of activities and
 circumstances. Some of these decisions a re far m
  ore complex, or have far
 more serious implications or consequences, tha n
  others. The resources given
 to tribuna ls to perform their ad judicative tasks a
  re equally variable.
                  P bar Y Safety Consultants Alberta
                                            Canada


SO IF YOUR LOOKING OR IF YOU ARE CHARGED
WHERE TO FIND WHAT YOUR LOOKING
               P bar Y Safety Consultants Alberta
                                         Canada


FOR
QUEEN’S PRINTER LAWS ONLINE
FREE WEBSITE
IT SEEMS LIKE CHILDS PLAY WHEN YOU
KNOW THE SECRET

								
To top