Bill No. 2,2 of 1951. A BILL TO AMEND THE CORONERS ACT. NOTE. This Bill amends The Coroners Act, being

chapter of the Statutes of Alberta,

Section 21a is amended by striking out subsection (2) and substituting a new subsection. The subsection presently provides that a person who has been charged or is likely to be charged with an offence relating to the death is not compellable to give evidence at an inquest. Frequently, 'evidence that is essential in order to ascertain the cause of death cannot be obtained because a witness who could give the evidence may be charged with some minor offence under a provincial statute that may be related to the death.

For instance, in a mine disaster a person who may be charged with an offence under The Coal Mines Regulation Act may refuse to testify, or in a traffic death a person involved in the accident who may be charged with some minor offence under The Vehicles and Highway Traffic Act may refuse to testify. The effect of the amendment is that such a person is compellable to give evidence at the inquest in order to ascertain the cause of death but the coroner can give the witness the protection of the Canada Evidence Act so that his answers cannot be used in evidence against him in subsequent criminal proceedings.

The Bill comes into force on the 1st day of July, 1951. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.) BILL No. 22 of 1951.

An Act to amend The Coroners A,ct. (Assented to , 1951.) HIS 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 of the Statutes of Alberta, 1945, is hereby amended.

Section 21a is amended by striking out subSection.

(2) Section 211\ and by substituting the following: amended "

(2) A person who is suspected of causing the death, or Person who has been charged or is lilt~ly to be. charged with an ~~~~:~!r~g offence relating to the death, shall not be excused from death not , t' th d th·· t h' t excused frem anSWerIng any ques IOn on e groun a IS answer testifying the question may tend to in·criminate him, but if he objects to answering the question on that ground, the cGfoner shall give him the protection afforded by

section '5 of the Canada Evidence Act.". 3. This Act shall come into force on the first day of Coining July, 1951. into force No. 22. FOURTH SESSION ELEVENTH LEGISLATURE GEORGE VI BILL

An Act to amend The Coroners Act. Recei ved and read the First time ......................................... . Second time ..... r:Dhird time ........ . HON. MR. MAYNARD. Title: 1951 (11th, 4th) Bill 22,

An Act to amend The Coroners Act