Bill No. 46 of 1954 A BILL TO AMEND THE CORONERS ACT NOTE This Bill amends The Coroners Act, being

chapter 10 of the Statutes of Alberta, 1945. A new

section Ia is added for the purpose of defining the Registrar General referred to in various places in the Act.

Section 6 is amended by replacing subsfction (2) with new subsections (2) to (4). The new subsection (2) pro­ vides for the giving of notice to the coroner by a hospital in which a person dies following an operation. Subsection (3) is a part of the previous subsection (2) altered to refer also to the new subsection (2). Subsection (4) pro­ vides that a person who does not give a notice required by subsection (1) is not to be deemed guilty of the offence created by subsection (2) if anyone else gives the notice.

Section 9 is replaced by a new

section 9. Subseetion (1) permits a coroner to view a body before the inquest. It also permits a coroner to authorize a post-mortem examination if he considers it necessary, and to authorize the burial of the body before the inquest takes place. Subsection (2) requires that a viewing of a body before an inquest take place in the presence of some person able to identify the deceased. Subsection (3) requires that that person make an affidavit as to the deceased's identity. Subsection (4) re­ lates to the evidential value of that affidavit.

Section 10 is amended by striking out a qualification in subsection (3) which distinguishes between coroners on a salary basis.

Section 13 is amended to make a reference in that sec­ tion conform to the amendments made by this Bill.

Section 14 is replaced by a new section. This amendment is made because of the new provision permitting a coroner to view the body of deceased before an inquest. It also makes provision in subsection (2) for the case where iden­ tity of the deceased cannot be established at such a viewing.

Section 16 is replaced by a new

section 16 relating to post-mortem examinations. Post-mortems are extended to include an analysis of tissues, tissue contents and body fluids when before only an examination of the stomach contents and of that 'Organ was specifically me~ti~ne~. Also now during an inquest where a post-mortem IS IndI­ cated it will not be necessary to have consent of the A~tor?ey General or Provincial Chief Coroner to the examInatIon. In other cases, set out in the section, it will still be necessary

ii to obtain that consent; while in other cases, the consent of the Registrar General must be obtained but in these cases the new

section makes no substantive change in the law. The responsibility for paying the costs of such examina­ tions is not changed by this section. Subs·ection (9) permits the coroner to authorize a post-mortem in a case where the next of kin or a hospital request it to determine the cause of a death following upon an operation if the cost is borne by the requesting party.

Section 17 is amended by replacing subsection (2) with two new subsections. Subsection (3) provided that certain persons could not serve as jurors on certain inquests. The last part of that subsection referred to an inquest into the death of an owner of a building or premise in which or on which a trade is carried on who died therein or thereon. The new subsection (4) extends the subsection to cover the proprietor of the business or trade so carried on and his employees as well as the owner of the premises and his employees.

Section 21 is amended by replacing subsections (1) and (2) with a new subsection (1). This amendment is made necessary by reason of the amendment relating to the view­ ing of the body of a deceased; subsection (1) sets out the procedure on the first sitting of the inquest as modified by the changed procedure in respect of viewing of the body.

Section 22, subsection (2) is amended to remove the re­ quirement that the Attorney General consent first before shorthand evidence be taken at an inquest.

Section 23, subsection (1) is amended to remove words that refer to the procedure respecting viewing of a body as it was before being altered Iby this_ Bill.

Section 26, subsection (1) is amended to bring up to date the reference to affidavits.

Section 30 is replaced by a new

section which enlarges the powers of the Lieutenant Governor in Council to make regulations. Before the Lieutenant Governor in Council was authorized to prescribe fees only where now he is being empowered to prescribe and alter forms for use under this Act. Form AA is added to the Schedule. This is the affidavit of identity of a deceased required by the new

section 9, subsection (3) . • Form BB in the

Schedule is amended to conform with the change in the viewing procedure. This Bill comes into force upon alssent. J. W. RYAN, Acting Legislative Counsel. . (This note does not form any part of the Bill but is offered ~n explanation of its provisions.)

BILL No 46 of 1954

An Act to amend The Coroners Act (Assented to ,195,4,) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Coroners Act, being

chapter 10 of the Statutes of Alberta, 1945, is hereby amended. 2. The following new heading and

section are added im- New mediately after

section 1:

section lei " In terpreta tion Interpre­tatIon .441a. In this Act "Registrar General" means the Regis- "R$gIstr8.f trar General of Vital Statistics appointed under The Vital General" Statistics Act.".

Section 6 is amended by striking out subsection (2) ~~!~d~d6 and by substituting the following: "

(2) Where a person dies in a hospital in the Province Notice of within thirty days after an operation upon him, the medical 1;lt~~lng superintendent of the hospital shall immediately give notice operation and details of the death to the coroner who ordinarily has jurisdiction in the locality in which the hospital is situate. "

(3) Subject to subsection (4), a person who fails to Penalty for give the notice required by this

section is guilty of an ~~W~~e to offence and liable on sUlnmary conviction to a fine of not coroner more than fifty dollars. "( 4) If notice of the facts and circumstances of a death is given by one of the persons required by subsection (1) to give notice, the other persons mentioned in that sub­

section shall not be deemed guilty of an offence for failing to notify the coroner.".

Section 9 is struck out and the following is substituted: sectiodn d' amen e "9.

(1) Where a coroner after an investigation has good Viewing of reason to believe that a deceased came to his death nnder ~~~r-~~:tem circumstances making it necessary to hold an inquest, the by coroner coroner " (

a) may view the body of the deceased, and

Affidavit of identity

Section 10 amended

Section 13 amended

Section 14 amended 2 "(

b) may if he considers it necessary direct that a post-mortem examination be performed in accord­ ance with

section 16 upon the body of the deceased, and " (

c) may issue his warrant in Form BB to bury the body. "

(2) Where a coroner views a body pursuant to subsec­ tion (1) he shall do so in the presence of some person able to identify the deceased unless the Attorney General pursuant to

section 14 dispenses with this requirement. "

(3) Where the body of a deceased is viewed by the coroner in the presence of some person able to identify the deceased, that person shall make in Form AA in the

Schedule 'an affidavit as to the identity of the deceased. u

(4) An affidavit made pursuant to this

section is prima facie evidence of the identity of the deceased and of the viewing of the body of the deceased by the coroner 'and no proof as to the making of the affidavit or the signa­ ture of the deponent shall be required at an inquest or in any court.".

Section 10, subsection (3) is amended by striking out the words "or to an inquest held by a coroner who is paid by salary". 6. Sect.ion 13 is amended by striking out the words "and it is known to the coroner that no good purpose shall be effected" and by substituting the words "other than pur­ suant to a warrant in Form BB in the Schedule, if, in the opinion of the coroner, no good purpose would be served".

Section 14 is struck out and the following is substi­ tuted: I~W:~n;, "14.

(1) Where a coroner is satisfied that the death ~ewi~g body of a person has occurred within his jurisdiction and where either from the nature of the event causing the death or for any other reason, neither the body nor any part thereof that the coroner would normally view can be found or recovered, the coroner after having first obtained the con­ sent in writing of the Attorney General to do so, may without viewing the body or any part thereof proceed to summon a jury and hold an inquiry as to the cause of death of such person in the s'ame manner and in all other respects ae other inquests are held under this Act. "

(2) Where a coroner is satisfied that the death of a person has occurred within his jurisdiction and where either from the nature of the event causing the death or any other reason " (

a) the deceased cannot be identified, or " (

b) no person able to identify the deceased can be found, the coroner, after having first obtained the consent in writ­ ing of the Attorney General to do so, may proceed to view the body in the presence of a person able to attest to the

3 viewing and may proceed to hold an inquiry as to the cause of death of the deceased in the same manner and in all other respects as other inquests are held under this Act.".

Section 16 is struck out and the following new head-

Section 16 ing and

section are substituted: amended "Post-Mortem Examination H1G.

(1) Where. during an investigation it appears to Order for the coroner that a post-mortem examination is necessary, ~~~~~:_tem he may, subject to subsections (5) and (6) direct by his tion order that a post-mortem examination be made by a medical practitioner. u

(2) Where during an inquest it appears to the coroner that a post-mortem examination is necessary, he may by his order direct that a post-mortem examination be made by a medical practitioner. "

(3) A post-mortem examination may include an analysis of tissues, tissue contents and body fluids, or any of them. "

(4) Where the coroner has reason to believe that a Assistance death was directly or indirectly caused by the improper or ~oft~~­ negligent treatment of a medical practitioner or other per- examination son, the medical practitioner or the other person shall not perform or assist at the post-mortem examination. "

(5) Where a coroner is required to make or is making Consent ot an investigation into a death and there is reason to believe ~!~o:r~~Y to that the deceased died post-I?ortem exammation " (

a) as a result of violence or misadventure or by un- fair means, or ., (

b) as a result of negligence or misconduct or m·alprac­ tice on the part of others, or " (

c) under circumstances giving rise to suspicion of foul play or commission of a criminal offence, the coroner shall obtain the consent of the Attorney General or the Provincial Chief Coroner before ordering a post­ mortem examination. "

(6) Where a coroner is required to make or is making Con~ent ot an investigation into a death other than a death from or in ~:~~~~t~o circumstances referred to in subsection (5) ~~~TnO:t\~Z:: "(

a) if the cause of death is ill-defined, obscure or un- known, or " (

b) if the deceased apparently died from disease, con­ ditions resulting from disease, sickness or other natural causes, or It (

c) if the Registrar General has, pursuant to

section 25 of The Vital Statistics Act, ordered the investi­ gation of the death, the coroner shall obtain the consent of the Registrar General before ordering a post-mortem examination. "

(7) The coroner shall submit accounts payable in re- to~c~':,~~~ spect of mortem

Section 17 amended Exemption from jury duty

Section 21 amended Evidence required at first sitting of inquest 4 "(

a) a post-mortem examination held in connection with an inquest, or " (

b) a post-mortem examination held with the consent of the Attorney General or the Provincial Chief coroner, to the Attorney General who shall pay the fees and allow­ ances prescribed pursuant to

section 30. "

(8) The coroner shall submit to the Registrar General accounts payable in respect of a post-mortem examination ordered or held with the consent of the Registrar General. "

(9) Where a death follows upon an operation in a hospital if a post-mortem examination is requested by the next of kin of the deceased or the hospital for the purpose of establishing the cause of death, and if the next of kin or the hospital will bear the costs of examination, the coroner may authorize a post-mortem examination to be made.".

Section 17 is amended by striking out subsection (3) and by substituting the following: "

(3) No officer, employee or inmate of a hospital, asylum, charitable instution, gaol, prison or lock-up shall serve as a juror at an inquest into the death of a person whose de'ath occurred therein. "

(4) If the owner or employee of the owner of a build­ ing or premises where a trade or business is carried on died in the building or on the premises, or if the proprietor or an employee of the proprietor of the trade or business died in the building or on the premises where the trade or business is carried on, no person " (

a) who is an owner of the building or premises or an employee of an owner thereof, or " (

b) who is a proprietor of the trade or business or an employee of a proprietor thereof, shall serve as a juror at an inquest into the death of the owner, proprietor or employee.".

Section 21 is amended (

a) by striking out subsections (1) and (2) and by sub­ stituting the following: "21.

(1) At the first sitting of an inquest " (

a) if the coroner has not viewed the body of the deceased in respect of whom the in­ quest is held II (

i) the jury shall view the body unless the viewing has been dispensed with pursuant to

section 13 or subsection (1) of

section 14, and " (ii) evidence of the identity of the de· ceased shall be taken if that evidence is then available, " (

b) if the coroner has viewed the body and identified the deceased, evidence of the

viewing by the' coroner and identity of the deceased shall be, taken, " , " (

c) if the coroner has viewed -the body pur­ suant to subsection (2) of

section 14 with­ out identifying the deceased, " (

i) evidence of the viewing by the coroner shall be taken, and "(ii) evidence of the identity of the de­ ceased, shall be taken if that evidence is then available."; (

b) by renumbering subsection (3) as subsection (2). 11. Section: .22, subsection (2) is amended by striking

Section 22 out the words "With the consent of the Attorney General amended or counsel representing him, the" and by &ubstituting the word "The".

Section 23, subsection (1) is amended by striking

Section 23 out the words "After viewing the body, unless a view has amended been dispensed with under

section 13 or 14, and after" and' by substituting the word "After".

Section 26, subsection (1) is amended by striking

Section 26 out the figure "10" and by substituting the figures and amended word "9 or 10".

Section 30 is struck out and the following is sub-

Section 30 stituted : amended "30. The, Lieuten, ,~nt Governor i,n Council Fees and forms "(

a) may prescribe the fees payable ,under this Act "(

i) to coroners, witnesses, jurors, stenographers and interpreters, and "(ii) to medical practitioners for examinations pur­ sua.nt to this Act, and " (

b) may prescribe forms for use under this Act,and u (

c) may alter forms prescribed by this Act for use hereunder." . 15. The

Schedule is amended ~~:~~~~ (a) ,by adding immediately after Form A the follow- ing new Form:

Comb,&, into force 6' "FORM AA .eAFFIDA VIT OF WITNESS WHO IDENTIFIES A DECEASED PERSON "CANADA PROVINCE OF ALBERTA TO WIT: I, ............................ . <fuU name, address) of the City of ........... . in the Province of Alberta, make oath and say: "1. That I saw the coroner view the body of ..... . .... ........................... . now lying dead at ........................ . (full name) "2.

That I do identify the body as being that of .................................... my ........................................... . (full name) (age) (relationship to deceased) presently residing at. ................................................... . (usual address of deceased person) i:~t:::~1f:ZZ:~=} ....................................... . this .......................... day of ............................ A.D.19 ..... A Coroner in the Province of Alberta". (

b) Form BB is amended by striking out the words " (the jury has viewed the ,body at the first sitting of the inquest.)" and by substituting the words U(I have viewed the body.)". 16. This Act comes into force on the day upon which it is assented to.

No. 46 SECOND SESSION TWELFTH LEGIS-LA TURE 3 E.LIZABET'H II 1954 BILL

An Act to amend The Coroners Act Received and read the First time .... Second time .. Third time ... RON. MR. MAYNARD Title: 1954 (12th, 2nd) Bill 46,

An Act to amend The Coroners Act