Bill 22 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 22 the Coroners 'Amend'Ment Act, 1972 the Attorney General (Legislature 17, Session 1)

L17 S1 5003

Alberta — Bills

1972 Bill 22 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 22 The Coroners 'Amend'ment Act, 1972 THE ATTORNEY GENERAL First Reading .............................. . Second Reading ...... . Third Reading .............................. . = Printed by L. S. Wall, Que·en's Printer, EdmlOnton

BILL 22 1972 THE CORONERS AMEN:DMENT ACT, 1972 (Assented to , 1972) HER MAJESTY, by and with the advice and consent of t,he Legislative Assembly of A1berta, en3.cts -as foHows: 1. The Coroners Act is he.reby amended.

Section 7 is amended by striking out subsection (2) and by substituting the following:

(2) Where a person dies in a hospital in Alberta within 30 days after an operation upon him, the medical superin tendent or administrator of the hospital shall, within 48 hours of the death, give notice in the prescribed form of the details of the death to the Provincial Chief Coroner.

Section 8 is amended by adding the following subsec tion after subsection (1):

(1.1) Where there is reason to believe that a person died in any of the circumstances mentioned in subsection (1), the body of the deceas'ed shall not be embalmed or cre mated and no chemical shall be applied to it externally or internally and no alteration of any kind shall be made to it until the coroner so directs.

Section 9, subsection (1), clause (

a) is amended by striking out the words "bury the body," and by substitut ing the words "release the body for burial,".

Section 10 is a,mendeil (

a) as to subsection (1), clause (

c) by striking out the words "bury the body" and by substituting the words "release the body for burial", (

b) by striking out subsections (3) and ("') and by substituting the following: .

(3) Where the body of a deceased person is VIewed by the coroner or a peace officer in the presence of some person who is able to identify the deceased, the person who :is so able to make iden ..

Explanatory Notes I. This Bill amends

chapter 69 of the Revised Statutes of Alberta 1970. 2. This amendment expedites the reporting procedure and re moves the difficulty of a coroner who is involved in the operation.

Section 7 (2) presentny reads:

(2) Where a person dies in a hospital in the Province within thirty days after an 'operation upon him, the medical superintendent of the hospital shall 'immediately give noUce .of the details of the death to the coroner who ordinarily has jurisdiction in the ILocality in which the hospital is situat'ed. 3. No interference with the body without the coroner's consent. 4. This amendment is to correspond more accurately with the form used.

Section 9 (1) (

a) presently reads: 9.

(1) If the coroner considers an inquest to be unnecessary, he shall (

a) issue his warrant in the prescribed form ,to bury the body, The warrant includes not! only permission for release of the body but also to obtain a burial permit. 5. Identification of deceased persons.

Section 10 presently reads: 10.

(1) Where a coroner after an inves.tigation has good reason to believe that a deceased came to his death under ,circumstances making it ne-ce.ssary to hoW an inquest, the -corlOner may (

a) view the body of the deceased, (

b) if he considers it ne,cessary, direct that a p.ost-mo'rtem ex 'amination be performed, in accordance with

section 18, upon the boOdy of the deceased, and, (

c) issue his warrant in the prescribed form to bury the body. (2) 'Where a. COl1oner views a body pursuant to subs,ection (1) he shall do so in the presence of some person abLe to identify the dooeased, unless th~ Attorney, General, pursuant to se9'~ion M, dispenses with tMs re- qUIrement. l ... ", ,

(3) Where the body of a de-ceased is viewed by the coroner in the presence of some person able to identify the deceased, ,tha.t person shall swear an affidavit in the preseribed form as t'O the identity of the deceased. .

(4) An affidavit made pursuant toO this

section is prima facie pr{)(}f of the identity of .the de-ce3Jsed and ,of the viewing .of the body 'Of the deceas'ed by the coroner and no proof as to the making of the affidavit Dr the signature Df .the deponent shall be required at an inquest or in any court.

tification shall execute a certificate in the pre scribed form setting out the identity of the de ceased.

(4) A certificate executed pursuant to this sec tion is prima facie proof of the identity of the de ceased person and of the viewing of the body of the deceased by the coroner or a peace officer and no proof of the execution of the certificate or the signature of the person certifying shall be required at an inquest or in any court.

Section 13 is amended by striking out subsection (1) and by substituting the following: 1.:3.

(1) Where an linmate in a correctional institution, detention centre, juvenHe treatment centre or other place where a person is held under a warrant of a provincial judge or of a judge of a superior court, d1es, the chief 'executive officer or other person in charge or his delegate shall forthwith giv'e notice of the death to the coroner.

Section 17 is amended by striking out subsection (2).

Section 18 is amended (

a) as to subsection (5) by striking out all the words after clause (

c) and by substituting the words "the coroner mray order a post-mortem examination to be made and shall forthwith notify the Provincial Chief Goroner of the order", (

b) as to subsection (6) by striking out all the words after clause (

b) and by substituting the words "the coroner may order a post-mortem examination to be made and sha'll f.orthwith notify the Provincial Chief Goroner of the order", (

c) by striking out subsection (7) and by substituting the following:

(7) The coroner shall submit accounts that are payable in respect of a post-mortem examination held in connection with an inquest or investigation to the Attorney General who shall pay the fees and allowances prescribed.

Section 19, SUbsection (3) is amended by striking out the word "jail," and by substituting the words "correctional institution,". 1.0 ..

Section 29, subsection (1), clause (

b) is amended by strtktng out the. word "affidavits" and by substituting the word "certificates".

Section 30 is struck out. 2 12. This Act comes into force on July 1, 1972.

Section 13 (1) presently reads: 13.

(1) Where a pri,soner in a jail, house .of correction, detention home, reformatory 'or lock-up dies, the warden, jailer, ~eeper or superintendent thereof shall immediately give notice of the death to the coroner. 7. Inquests at coal mines.

Section 19 will govern in place of

section 17 (2) which presently reads:

(2) At an inquest where the death may have been caused by an explosion or accident at a mine not less than three of the jurymen shall be mine workers. 8. Post-mortem examinations.

Section 18, subsections (5) to (7) presently read:

(5) Where a coroner is required to make or is making an investigation into a death and there is reason to believe that the deceased died (

a) as a result .of violence or misadventure or by unfair means, or (

b) as a resuLt of negligence or misconduct or malpractice on the part .of others, or (

c) under circumstances giving rise to suspicion of foul play .or commissi'on of a criminal offence, the coroner shall obtain the consent of the Attorney Generrul or the Provincial Chief Coroner before ordering a post-mortem examination.

(6) Where a coroner -is required to make or is making an inv,estigation into a death other than a death from or in circumstanc'es ·referr,ed to in subsection (5), (

a) if the cause of death is ill-defined, obscure or unknown, or (

b) if the deceased apparently died from disease, conditions re sulting from disease, sickness or other natural causes, the coroner shall obtain the consent of the Provincial Chief Coroner before ordering a post-mortem examinaUon.

(7) The coroner shaH submit accounts that are payable in respect of (

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

b) a post-mortem ,examination heJd with the consent of tlie Attorney General or the Provincial Chief Coroner, to the Attorney General who shall pay the fees and allowances pre scribed pursuant to

section 33. 9. This change in name is in accord with The Corrections Act. 10. Consequential amendment arising from amendments to sections 10 and 11. II. The returns are made by the Provincial Chief Coroner's office and the form is obsolete.

Section 30 reads: 2 30. Each coroner at the end of each year shall transmit to the At torney General's Department a statement setting forth the investigatio.ns and inquests, together with the particulars of ,each, held by him during the preceding year, which statement shall be in the prescribed form or to the like effect. Title: 1972 (17th, 1st) Bill 22, The Coroners Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5003
Type	bill
Volume / chapter	L17 S1 5003
Language	en
Format	json
Source	PROVINCIAL
Identifier	7f715e3467923ba841311b111a9979c49b56d9a3

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