The Alberta Evidence Act [AEA] currently requires that every witness first be asked to swear a religious oath to tell the truth. Only if a witness does not want to swear an oath, may the witness be allowed to make a secular affirmation, that being a solemn promise to tell the truth without any reference to God.

Both an oath and affirmation have the same legal effect, however, the presiding officer administering the procedure must first confirm that the witness’s objection to a religious oath is justified on grounds specified in the AEA. This is known as the object-and-justify model.

In 2014, ALRI recommended that the object-and-justify model be replaced with a free choice model should be enacted so that a witness or deponent can simply choose either to swear an oath or to affirm without any need for objection or justification.
Latest News Alberta Government
Proposes Changes To
TheAlberta Evidence
Act
In Bill 31
Read more about our recommendations for the Alberta Evidence Act
For over 50 years, the Alberta Law Reform Institute has provided independent comprehensive recommendations to the Government of Alberta and other agencies to ensure that the law and administration of justice are kept up to date and serve Albertans to the best extent possible.

Our Vision is for Just and Effective Laws
Our Mission is to Improve the Laws of Alberta
Who We Are We acknowledge that we reside and work on the traditional lands and territories of the Indigenous peoples who have lived on and cared for these lands since time immemorial. What became known as the Province of Alberta in 1905 is the traditional and ancestral home to many Indigenous Peoples and we are honoured to have shared this land with them since Treaties 6, 7, and 8 were entered into. Alberta is also the historical Northwest Métis Homeland – which includes five Territories.

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Purpose & Mission

Our Vision is for Just and Effective Laws
Our Mission is to Improve the Laws of Alberta

Project Selection

Suggestions for potential law reform projects come from many sources, including the government, public and legal profession. Project selection involves several stages of review to identify the scope of a potential project while ensuring that the Institute is the appropriate body to address the issue.

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Official law reform projects go through several stages including rigorous research, analysis and consultation. The Institute’s counsel and Board work in collaboration to develop policy options that will eventually be published and submitted to the Alberta government for consideration in new legislation.