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Publications and Research Projects


     Reports to the Uniform Law Conference of Canada sponsered by the Law Refrorm Commission of Saskatchewan


Special Publications: Administrative Law

Model Code of Administrative Procedure for Saskatchewan Administrative Tribunals  (October, 2005) This publication is a handbook for members of boards, commissions, and tribunals that make decisions affecting the rights and responsiblities of citizens.

"Boards, commissions, and review panels have become an  important part of the administration of justice in Saskatchewan.
These “administrative tribunals” make decisions in a wide range of cases affecting Saskatchewan residents and businesses.
Nearly fifty tribunals adjudicate disputes between citizens and government agencies.

This Model Code is designed to contribute to the fairness and efficiency of Saskatchewan tribunals. It provides a basic set of
procedural rules that can be adopted by most tribunals, or used as a starting point for creating a procedural code adapted to
specific needs." (from the Introduction).

This publication may also be purchased FOR $10 in a bound, index-tabbed format.

Handbook of Professional Disciplinary Procedure (March 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."  (from the Introduction).

This publication may also be purchased FOR $10 in a bound, index-tabbed format.



About our recent publications


Vaccination and the Law

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.

A consultation paper examined four issues that are currently being discussed and debated in Saskatchewan and elsewhere in Canada, the United States, and Europe.

1. Compensation for vaccine-related injury
2.  Mandatory vaccination
3. Informed consent and refusal
4.  Reporting adverse effects

The final report recommends creation of a compensation fund for vaccine injury similar to funds in The United Kingdom, European countries, and Quebec. It also recommends improved guidelines to esure that consent and refusal to vaccinate are informed, and a legal requirement that adverse effects of vaccination are reported to existin national and provincial data bases. However, the Commission found little support for manditory vaccination in Saskatchewan, and does not recommend it.


Consultation Paper:  Appeals from Exercise of Statutory Powers of Decision

This paper is concerned with appeals to the courts from decisions directly affecting individuals that are made by officials under statutory authorization.  Such appeals are usually provided for by statute. However, there is a lack of consistency in the form and scope of statutory appeal rights, and there are some statutes that do not provide for appeals.  This paper is intended to be the first step toward rationalization of appeal rights. It reviews the current law, and formulates a series of questions for discussion about the form and content appeal provisions should have.

It should be noted that this paper does not discuss imposition of what the governing legislation refers to as  "administrative penalties".  These penalties require separate consideration, and will be discussed by the Commission in another paper. 


Consultation Paper Administrative Penalties

Administrative penalties are a new means of enforcing compliance with regulatory legislation. They are monetary penalties assessed and imposed by a regulator without recourse to a court or independent administrative tribunal.  It has been suggested that administrative penalties are appropriate tools "to engender compliance and cooperation from the ‘regulated community', to secure environmental or consumer protection."  However, because they do not involve the courts or tribunals at first instance, questions have been raised about the extent to which procedural fairness may be compromised when administrative penalties are imposed.  This consultation paper discusses such issues as notice and disclosure requirements, hearing requirements, and perhaps most importantly, rights of appeal.

This consultation paper discusses the legal issues affecting administrative penalties, and poses questions about appropriate procedure for the consideration of both regulators and their clients. In addition, the Commission is particularly interested in learning about the experience of regulators and clients with administrative penalties.


Consultation Paper:  Consultation Paper on Corporate Fiduciary Services:
Should corporate trustees and fiduciaries other than trust companies be permitted?

At present,  only trust companies  are permitted to act as corporate trustees, executors, and administrators in Canada.  This n approach has provided significant  protection against breaches of trust and insolvency of fiduciaries.  However, trust companies have increasingly become multi-purpose financial institutions. The trust and fiduciary part of their business has diminished in importance.   At the same time, because of our aging population, more people require assistance to manage the wealth they have accumulated over a lifetime, and may require a variety of fiduciary services.  In other jurisdictions, including the United States, Britain, and other Commonwealth countries, trust and fiduciary services are more widely available, and more varied in content.  This consultation paper examines the law governing corporate trustees and fiduciaries in Saskatchewan, and asks whether the monopoly on trustee services currently possessed by trust companies is still necessary. 

This project is part of the Commission's focus on legal issues affecting the elderly.  As Saskatchewan's population ages, these issues will become increasingly important.

Report on Private Title Insurance

The Law Reform Commission of Saskatchewan has collaborated with the Manitoba Law Reform Commission to produce a report on Private Title Insurance.  The report is a joint report by the two Commissions.  The report considers the effects of title insurance within the context of residential real property conveyancing and contains 15 recommendations aimed at protecting the interests of residential property owners and purchasers and protecting the public land registration system, while ensuring freedom of choice for consumers.


Report on Family Financial Arrangements: Guarantees  

Guarantees of loans financial institutions by a family member of the borrower are common,  and are often a way in which a parent can help an adult child financially.  Unfortunately, intra-family guarantees can also lead to misunderstanding. Potential problems are greatest if the  guarantor is a vulnerable elderly person. In such cases, the financial transaction may amount to elder abuse.  Thuis report recommends consumer protection measures to protect guarantors, including enhanced mandatory disclosure of the legal effects of guarantees by financial institutions.


  Report on Reverse Mortgages

Reverse mortgages, loans granted to seniors citizens that are repayable only when the borrower sells or leaves the home that secures the loan,  have become popular in recent years. A reverse mortgage can provide access to home equity for cash-poor seniors, but critics suggest that the true cost of these loans is high, and that borrowers forced to move for health or other  reasons may find the reverse mortgage is a problem. This report recommends regulation of reverse mortgages, including disclosure requirements to insure that consumers are fully informed about the effect of reverse mortgages.

Report on Revocation of Wills 

A will is automatically revoked on marriage or divorce.   These long-standing rules are intended to protect the interests of spouses and children of  the makers of wills.   However,  it has been suggested the the changing social and legal context may sometimes defeat the purpose of the rules, and even make them a problem.   This report concludes that the rules should not be changed at present, but  points out that changing family patterns may make it neccessary to reconsider the rules in the future.
 

Report on Disposal of English Statute Law in Saskatchewan

Saskatchewan  received the statute law of England as part of its law when the territory was organized.  Over time, much of the received law has been superceded 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 report recommends eliminating the remaining received law.
 
 
Report on Landowners' Liability for Injury to Recreational Visitors 

Recreational activities such as hunting and fishing, hiking and cross-county skiing, often take  visitors onto private or crown land,  with or without the permission of  the  landowner.  At present,  a landowner may be liable for injuries  to  visitors even if they are trespassers.  The report recommends reducing liability  of landowners  who are not operating commercial recreation facilities  to recreational  visitors.