Unnecessary Requirements for Sworn Statements (2006) Project - British Columbia Law Institute

BCLI Recognized in the Legislature

British Columbia Law Institute — Thu, 17 Mar 2016 17:49:18 +0000

Law reform is often a slow process and it can take many years before recommendations in a BCLI project report are implemented. As we’ve reported in this blog over the past year, many project recommendations have been implemented. These successes keep us, our board and our volunteer committee members motivated. We also appreciate our work being recognized and are pleased that in the March 1, 2016 debates on Bill 5 in the legislature, both Minister Suzanne Anton, and NDP spokesperson for Justice (Attorney General) Leonard Krog recognized the BCLI’s work in the Report on Unnecessary Requirements for Sworn Statements (2006). (See second reading at 10839).

At the end of her remarks, Minister Anton commented: “I’d like to thank the British Columbia Law Institute for the work they did in their 2006 report recommending elimination of sworn statements in most non-court matters. This report was the impetus for this project and was a valuable starting point for our consultations and analysis.” During the debates NDP member Leonard Krog also recognized the BCLI work and our work generally commenting: “The B.C. Law Institute — I can’t speak long enough, and with any more praise than I could possibly generate, about an institution that has contributed more to law reform in British Columbia in the last few years. They have done amazing work around a number of very complex pieces of legislation that have come forward to this House, including the significant changes to the Societies Act and legislation around leases. They have done incredible work on a number of areas, all of which were important and long needed and much anticipated.”

The post BCLI Recognized in the Legislature first appeared on British Columbia Law Institute.

BCLI welcomes bill to implement its Report on Unnecessary Requirements for Sworn Statements

British Columbia Law Institute — Thu, 11 Feb 2016 20:08:03 +0000

The British Columbia Law Institute is pleased by the introduction of Bill 5, the Miscellaneous Statutes (Signed Statements) Amendment Act, 2016, into the legislative assembly. Once enacted, Bill 5 will substantially implement the recommendations of BCLI’s Report on Unnecessary Requirements for Sworn Statements (2006).

“On behalf of BCLI,” noted board of directors chair Prof. Joost Blom, QC, “I am grateful to see the legislature take up the reforms proposed in BCLI’s report. Their adoption will enhance access to justice and increase efficiency in transactions, all while protecting important safeguards on accuracy and truthfulness.”

BCLI’s report builds on work stretching back to the 1970s by the former Law Reform Commission of British Columbia, which had examined over 1000 legislative requirements to give a sworn statement in an out-of-court setting and had classified those requirement into 11 categories. These categories were used to develop two priority lists of requirements to give a sworn statement that could be repealed and replaced with a requirement to give an unsworn signed statement. In place of the formalities of a sworn statement, the report recommends ensuring the accuracy of the statement by a general offence provision.

While many of the requirements covered by the 2006 report are addressed by Bill 5, some will still remain in force. BCLI encourages the provincial government to consider extending the approach taken in Bill 5 to these provisions.

The post BCLI welcomes bill to implement its Report on Unnecessary Requirements for Sworn Statements first appeared on British Columbia Law Institute.