Alberta Record

· Order in Council / Alberta Rules of Court Amendment Regulation · in-force

Alberta rules of court amendment regulation 2023 88

Amends the Alberta Rules of Court to establish the Court of Appeal Management System, shifting from physical to electronic filing and service for appeal records, factums, and other documents, and revising procedural requirements.

Moderate impactCentralization of powerInstitutional independenceCourtsThe public, directly

What changed

  • Establishes the "Court of Appeal Management System" (CAMS) for electronic document creation, filing, access, and transmission in appeal matters (Rule 14.1(1)(e.1)).
  • Redefines "file" to require submission through CAMS or as permitted by practice direction, with Registrar acknowledgment (Rule 14.1(1)(h)).
  • Eliminates requirements for submitting multiple physical copies of appeal documents, including notices, records, and factums (e.g., Rules 14.8, 14.11, 14.23).
  • Mandates electronic formatting, continuous pagination, and electronic bookmarks for appeal records and factums (Rules 14.21, 14.26, 14.29).
  • Requires factums to include hyperlinks to legal authorities where available, with physical copies for those without hyperlinks (Rule 14.25(1)(h)).
  • Replaces the "Unscheduled Civil Appeals List" process with referral to a case management officer for appeals not proceeding promptly (Rule 14.33(2)).

Why it matters

  • Centralizes and standardizes document management for the Court of Appeal through a new electronic system, aiming to streamline court operations.
  • Reduces the logistical burden and associated costs for litigants and the court by transitioning from physical to electronic document submission.
  • Enhances the efficiency of court processes by facilitating electronic filing, service, and access to appeal documents.
  • Requires parties to adapt to new technological requirements for document preparation, such as electronic bookmarks and hyperlinks, which may necessitate new resources or skills.
  • Alters the process for managing delayed appeals, shifting from a public list to individual case management officer discretion, which may affect transparency or consistency.

Other governance concerns

  • Potential for a digital divide impacting access to justice for litigants lacking electronic resources or proficiency.
  • Increased reliance on a single electronic system for critical court functions, raising questions of system resilience and data security.
  • Changes to procedural requirements may affect the fairness and accessibility of the appeals process for self-represented litigants.

Primary sources (2)