Bill 43 (Legislature 18, Session 3)

L18 S3 5745

Alberta — Bills

1977 BILL 43 ~~============================ Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERT A BILL 43 THE POLICE AMENDMENT ACT, 197.7 THE SOLICITOR GENERAL First Reading ............................................ . Second Readi ng .......................................... . Th" . . Ird ReadIng ............... , ............................ . Prinled

h) Ihe Queen', Prinla for It..: Provinc.: of Alherla. F()MONT()~

Bill 43 BILl43 1977 THE POLICE AMENDMENT ACT, 1977 (Assented to . 19771 HER MAJESTY, by and with the advice and consent of th~ Legislative Assembly of Alberta, enacts as follows: . J. The Police Act, 1973 is hen?by amended.

Section 14 is amended by adding a.fter subsection (3) the follow ing subsections:

(4) A notice to enforce the attendance of a witness at .an: proceeding before the Board may be issued by the chairman ani shall state the time and place at which the witne~s is to attend.

(5) A witness may be examined on oath on all mat~el relevant to the proceeding and shall not be excused fror answering any question on the ground that the answer (

a) might tend to criminate him, or (

b) might subject him to punishrnent under this Act, or (

c) might tend to establish his liability 0) to a civil proceeding at the instance of tht Crown or of any other person, or (in to prosecution under any statute, but the answer so gi ven, if it is such as tends to criminate him or to establish his liability to a civil proceeding, shall nol be used or received against him in any civil proceedings or in any proceedings under any other Act of Alberta.

(6) A witness (

a) who fails to attend _ befGre the Board, or . (

b) who refuses to be sworn or to answer any_ question allowed by the Board, 1

Explanatory Notes 1. This Lill will amend

chapter 44 of the Statutes of Alberta, 1973. 2. A.ttendance of witnesses before Board. 1

is liable to attachment upon application to a- judge of H Supreme Court of Alberta. " " . (7~ A witness aJtending at any proceeding before the Boa: IS entitled to be patd a fee therefor at the prescribed rate out moneys appropriated by the Legislature for that purpose. I

Section 32 is rel1llfnbere~ as subsection 0) and the Jol/oWil subsections are added thereafter:

(2) A notice to enforce the attendance of a witness at anl disciplinary hearing may be issued by the chief of police an( sha11 state the time and place at which the witness is to attend. -

(3) A witness may be examined on oath on all matter~ relevant to the hearing and shall not be excused from answerinl any question on the ground that the answer (

a) might tend to crimimite him, or (

b) might subject him to punishment under this Act, or (

c) might tend to establish his liability (

i) to a civil proceeding at the instance of the Crown or of any other person, orc~- (ii) to prosecution under any statute, but the answer S0 given, if it is such as tends to criminate hi1J1 or to establish his liability to a civil proceeding, shall not be useq or received against him in--any civilp"roceedirigs or in am proceedings under any other Act of Alberta.

(4) A witness (

a) who fails to attend the disciplinary hearing, or (

b) who refuses to be sworn or to answer any question, is liable to attachment upon application to a judge of the Supreme Court of Alberta.

(5) A witness attending at a disciplinary hearing un~~rt~is

section is entitled to be paid a fee therefor by the mUnICIpality concerned at the prescribed rate.

Section 33, subsection (14) is amendr!d bv striking out the words "that a prima facie case appears".

3. Attendance of witnesses at disciplinary hearings. k

Section 33 (14) presently reads: (j 4) When the Bnard is sati.~!ied thal a prima facie case appears Ihat Ihe COllduct of Ih(' membcr or mCll/bers of a pulice force who are illvo/red ill the il1r('st(~atioli or appeal may cOllstitlllC all l?OCnCe ullder all Act of the Parliament of Callada or Iile Legislature of A /berra, the ifl\'('stigatioll or appeal shall be acljulIl'lled indl~/illil('{1' alld the E(Jard shall jor'lllvilh ill/ol'ln the Allomey Gel/eral Q/ its col/elusiun. 2

Section 37 is struck alit and the /ollowing

section is substil there/or: 37. \Vhere, pursuant to

section 36, an agreement exists tween an urban municipality and the Government of Can

section 25, subsection (2),

section 28 and

section 30, subsec (1) do not apply.

Section 43, subsection (1) is amended by addi.'lg after clause I the/allowing clause: (f.1) prescribing rates of fees payable to witnesses at I investigation, hearing or other proceeding undert Act: 7. This A ct comes into Jorce all the day upon which it is assented to.

"',lion 37 presently reacls: - II here. pursl!ant TO

section 36, an agreement exists between an urban l!(li:.ipo!ity and the GOI'Crnlllellf (?j' Canada and where the urban I/lunicipality has (oJllllli:,siolI as prol'ided/or in sectioll 23. the provisions o.j'sectiolls 25 to 32 do II; (/f!PZI' blil rhe commission shall act in an advisory capaci(v to the senior 1t':lli:u {)( the Royal Calladian MOlillfed Police 10('O(ed ill the urban mUlliCipality, , rile Solicilor Geneml alld to the coullcil of the urban mUllicipalitl' with respect to lit' flollCillg o/the urball !nul/icipali(y. [his amendment will permit regulations to be m~lde preScribing lCiS fees. 3 Title: 1977 (18th, 3rd) Bill 43, The Police Amendment Act, 1977

Document details

Collection	Alberta — Bills
Citation	L18 S3 5745
Type	bill
Volume / chapter	L18 S3 5745
Language	en
Format	json
Source	PROVINCIAL
Identifier	11181301819e0ad4c9bf8fee2efe3e5c7263eda3

Source file is stored in the law ingest library (json).