Bill 47 (Legislature 10, Session 5)

L10 S5 7293

Alberta — Bills

Bill No.. 47 Qf 1948. A BILL TO AMEND THE CORONERS ACT NOTE. This Bill amends The Coroners Act. The fQrm Qf coroner's warrant for burial was not previ .. ously included in this Act.

Section 8 (1) is amended by the Bill to. refer to the form of warrant which is 'also added ill the

Schedule to. the Act by this Bill. The amended subsettion also sets o.ut mo.re specifically the infQrmation which the co.ro.ner is required to. supply to. the Registrar General of' Vital Statistics. Under sectio.n 105 o.f The Coal Mines Regulation Act, a coroner before ho.lding an inquest o.n the body of a person killed in any mine explosiQn or accident is required to notify the Chief Inspector of Mines and the inspector may attend and examine witnesses. The Bill adds a new

section Sa drawing the attentio.n o.f co.roners to these provisions. Sub sectio.n

(2) Qf

section 9a requires that at least three members Qf the, coroner's jury shall be mine wQrkers. Due to. technical difficulties and unusual conditio.ns found underground in mines, having persons who. are familiar with these cQnditions o.n the jury would facilitate determining the cause Qf death in a mine disaster. Subsectio.n (3) o.f

section 16 is'struck Qut and replaced by fo.ur new subsectiQns. PrQvision is made in

section 25 of The Vital Statistics Act for the Registrar General of Vital Statistics to. Qrder a coro.ner to make a post-mortem examina tion where the same is nQt o.rdinarily required under The Coroners Act. The new subsectiQns make it clear that the CQro.ner must o.btain the consent Qf the Attorney General Qr the Pro.vincial Chief CQro.ner befQre o.rdering a PQst-mQrtem in the case o.f an investigatio.n into. a death where there is reason to. believe that it o.ccurred as the result Qf violence, fQul play Qr unnatural causes.

The co.rQner is required to obtain the consent o.f the Registrar General Qf Vital Statistics before Qrdering a Po.st-mQrtem fQr the purpose Qf determin ing the cause Qf a death where such cause is ill-defined, obscure or unknown. The amendments prQvide that the co.roner shall submit accQunts fQr PQst-mQrtems Qrdered by the Atto.rney General, to the AttQrney General, and fo.r PQst mo.rtems o.rdered by the Registrar General, to the Registrar General.

Section 21 is struck o.ut and two new seetiQns are substi tuted for it. These sectiQns have been re .. arranged and re numbered fo.r purposes o.f clarification and subsections

(2) ii and (3) of

section 21 al'enew. The, Act defines the duties of a coroner regarding burial of the body and the supplying of information to the Registrar Gentral of Vital Statistics in cases where an inquest is not necessary. However where an inquest is necessary the coroner's duties in this connection ,vere not previously set out. This omIssion is remedied by the new subsections (2) and (3) to

section 21. Subsection (2) of

section 21 permits the coroner to issue his warrant to bury the bouy after the jury' has viewed it. Subsection (3) provides that if the inquest is adjourned or if for any other reason the cause of the death has not been determined at the time the warrant' to bury is issued, the coroner is immediately required. to forward to the Registrar General the informationnece~sary for registration of the death, and later upon th({ corich.ision of the inquest, he is required to give the, infOl:~'rriation relating to the cause of the death. ~. . , , The' new

section 21a covers the remaining portions of the former

section

Section 26 is amended by addi ng a new subsection (2). 'rhis 'subsection provides that at the conclusion of the inquest, the coroner must transmit to the Registrar General of Vital Statistics all information and particulars required pQ.rsuant to The Vital Statistics Act in connection with the registration of the death and the cause of death. W. S. GRAY, Legislative Counsel. (This. note does'not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 47 of 1948.

An Act to amend The Coro~ers Act. (Assented to 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 10 of,the 'Sta.tutes of Alberta, 1945, is hereby amended as to

section 8 by~tril~ing out subsection (1) thereof and by $ubstituting therefor the following: "8.-

(1) If the coroner deem$ an inquest,unnecessa·ry, he shall issue his warrant to bury the':body in. Form ·BB~n the

Schedule and shall forthwith transmit to the Attorney';.Gen; eral the affidavit in Form C in the

Schedule setting forth briefly the result of the inquiry and the grounds on which the warrant has been issued, and shall ',also forthwith transmit to the Registrar General 'of Vital Statistics all information and particulars required pursuant to: The 'Vital Statistics Act in connection with the registration of the death and the cause of death.". 2. The said Act is further amended by adding, immedi ately after

section 9 thereof, the following new section: . "9a.-

(1) In any case in which the death may have been caused by an explosion or accident at a co~l mine, the coroner shall comply with

section 105 of The Coal J.1f..fines Regulatioii Act andcond uct the inquest in ac'cordance therewith. "

(2) In any such case, at least three of the jurymen shal1 be nline workers.". . 3. The said Act is further amended as to

section 16 by striking out subsection (3) thereof and, by : ~ub~titu.ting therefor the following: "

(3) The coroner shall obtain the consent of the Attorney General or the Provincial Chief Coroner before ordering' a post-mortem examination in any ca~ where he is re'quired to make or is making an investigation into any death where there is reason to believe that the deceased died as a result of violence or misadventure, or by unfair means,' or ~s, a result of negligence or misconduct or malpractice on the,part of others, or from any unnatural cause,. or undeI; circunl stances giving rise to suspicion of fo.ul, play or the commission of a criminal offence. I

2 "

(4) The coroner shall obtain the consent of the Registrar General of Vital Statistics before ordering a post-portem examination in any case where he is required to make or is making an investigation into any death other than as set out in subsection (3), where the cause of death is ill-defined, obscure, or unknown, or where the deceased apparently died from disease, conditions resulting from disease, sickness~ or other natural causes, or where the Registrar General has ordered the investigation of a sudden death or death follow ing an operation or an accident, pursuant to

section 25 of The Vital Statistics Act. "

(5) The coroner shall submit accounts payable in re speet of ,--- "(

a) any post-mortem held in connection with any in quest; and " (

b) any post-mortem 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. u

(6) The coroner shall submit accounts payable in respect M any post-mortem ordered by or held with the consent of the Registrar General of Vital Statistics to the said Regis trar.", 4. The said Act is further amended as to

section 21 by striking out the same and by substituting therefor the following: "21.-

(1) The coroner and jury shall, at the first sitting of the inquest, view the body, unless a view has been dis pensed with under

section 13 or

section 14. "

(2) The coroner may issue his warrant to bury the body in Form BB in the

Schedule after he and the jury have viewed the body -at the first sitting of the inquest. "

(3) If the inquest is adjourned or if for any other reason the. cause of death has not been determined at the time the warrant to bury is issued, the coroner shall forthwith trans~ mit to the Registrar General of Vital Statistics all informa tion and particulars required in connection with the registra tion of the death, and upon the conclusion of the inquest shall transmit to the Registrar General of Vital Statistics all information and particulars relating to the cause of death. "21a.-(

I) The coroner shall examine on oath, touching the death, all persons who tender their evidence respecting the facts and all persons whom he thinks it expedient to examine as being likely to have knowledge of relevant facts. "

(2) A person who is suspected of causing the death, or who has been charged or is likely to be charged with an offence relating to the death, shall not be compellable to give evidence at the inquest, and before such person gives any evidence this subsection shall be read to him by the coroner. "

(3) Counsel appointed by the Attorney General to act for the Crown at an inquest may attend thereat and may

3 examine or cross-examine the witnesses called, and the coroner shall summon any witness required on behalf of the Crown.". 5. The said Act is further amended as to

section 26, (

a) by renumbering the same· as subsection (1) ; (

b) by adding immediately after subsection (1) thereof the following new subsection: "

(2) The coroner shan forthwith after the con clusion of the inquest transmit to the Registrar ·General of Vital Statistics all information and par ticulars required pursuant to The Vital Statistics Act in connection with the registration of the death and the cause of death, other than such information and particulars as he may have transmitted pursuant to subsection (3) of

section 21.". 6. The said Act is further amending by adding im mediately after Form B in the

Schedule the following new form: "FORM BB. "(Section 8 (1).) "WARRANT FOR BURIAL.

"CANADA } Province of Alberta "To ........................................................................................... . and to all others whom it may concern: "Whereas I have viewed the body of ..................................... .. now lying dead at........... . .......................................................... . and have inquired into the circumstances of the death; and "Whereas (I am s,atisfied that an inquest is unnecessary.) (the jury has viewed the body at the first sitting of the inquest.) (strike out portion which is not applicable.) "These are therefore to certify that you may lawfully permit the body of the said ................................................ .. to be buried; and for your so doing this is your warrant.

"Given under my hand and seal at ....................................... . in the Province of Alberta, this ............ day of .......................... .. A.D. 19 ............ . (A··C~;~~~·~·i~·d~~d·i~;:·ih~·P:;·~~i~~·~··~iAib·~~id: j';~ 7. 'I'his Act shall come into force on the day upon which it is assented to.

No. 47 FIFTH SESSION TENTH LEGISLATURE 12 GEORGE VI 1948 BILL

An Act to amend The Coroners Act. Received and read the First time ........................ . Second time .................................... . Third time ....................................... . HON. MR. MAYNARD. EDMONTON: A. Shnltka. King'. Printer Title: 1948 (10th, 5th) Bill 47,

An Act to amend The Coroners Act

Document details

Collection	Alberta — Bills
Citation	L10 S5 7293
Type	bill
Volume / chapter	L10 S5 7293
Language	en
Format	json
Source	PROVINCIAL
Identifier	ca081ec7c5f26f8ec8abf7363e4754bb18182b85

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