Service of documents upon the Crown

Service of documents upon the Crown

DATE: May 20, 2008

UPDATE: September 3, 2008

SUBJECT: THE LOCATIONS AT WHICH DOCUMENTS THAT ARE TO BE SERVED UPON THE CROWN WILL BE ACCEPTED

PURPOSE:

To establish a uniform practice regarding acceptance of service of documents on behalf of the Attorney General in criminal and civil cases.

GENERAL PROCEDURE IN CIVIL CASES:

  1. The Proceedings against the Crown Act, R.S.A. 1980, chap. P-18, s. 13, states that a “document to be served on the Crown shall be served by leaving a copy with the Minister of Justice and Attorney General or the Deputy Minister of Justice and Deputy Attorney General or any barrister or solicitor employed in the Department of Justice.” As such, all documents in civil cases may be served upon any barrister or solicitor employed in the Department of the Justice, including Crown prosecutors, and Crown prosecutors should accept service of any such documents. However, before accepting service, Crown prosecutors should refer the person serving the document to the Civil Law Branch in Edmonton, as follows:

    Alberta Justice, Legal Service Division, Civil Litigation,
    9th Floor, Peace Hills Trust Tower,
    10011-109 Street, Edmonton T5J 3S8.

  2. If this is not possible, service of the document should be accepted by the Crown prosecutor and the document should be forwarded to Civil Litigation immediately. If the matter appears to be urgent in nature, a telephone call should be made to the Director of Litigation, 422-9501.

GENERAL PROCEDURE IN CRIMINAL CASES:

  1. All documents to be served in criminal case being prosecuted in Edmonton are to be accepted only by the Office of the Chief Crown Prosecutor in Edmonton at:

6th Floor, J.E. Brownlee Building,
10365 - 97 Street,
EDMONTON, Alberta

  1. All documents to be served in criminal case being prosecuted in Calgary are to be accepted only by the Office of the Chief Crown Prosecutor in Calgary at:

600 Centrium Place
332 - 6 Avenue SW
CALGARY, Alberta

  1. All documents to be served in criminal cases being prosecuted elsewhere shall only be accepted by the local Office of the Chief Crown Prosecutor for the judicial or sub-judicial district involved, but may be accepted there by any Crown Prosecutors.

APPEALS TO THE COURT OF APPEAL:

All documents to be served in criminal cases that have proceeded to the Court of Appeal will be accepted as outlined next.

1. All documents in appeals being heard by the Court of Appeal sitting in Edmonton shall only be accepted by the Appeals Branch in Edmonton at:

Alberta Justice
Appeals Branch
3rd Floor North, Bowker Building
9833 – 109 Street
EDMONTON, Alberta

2. All documents in appeals being heard by the Court of Appeal sitting in Calgary shall only be accepted by the Appeals Branch in Calgary at:

Alberta Justice
Appeals Branch
300 Centrium Place
332 - 6 Avenue SW
CALGARY, Alberta

APPEALS TO THE SUPREME COURT OF CANADA:

All documents in criminal cases that have proceeded to the Supreme Court of Canada may be served upon the Ottawa agent for the Attorney General at:

Gowling Lafleur Henderson LLP
Barristers & Solicitors
2600, 160 Elgin Street
OTTAWA, ON K1P 1C3
Attention: Henry Brown Q.C.