The Law Reform Commission of Saskatchewan was established to simplify and modernize the law in Saskatchewan. The Commission was enabled by An Act to Establish a Law Reform Commission and has been operating without interruption since 1974. 2024 marks the 50th year of the Commission undertaking independent and consultation-based law reform in Saskatchewan.
Over the last 50 years, 34 members of Saskatchewan’s legal profession – including practitioners, academics, judges, and civil servants – have served as commissioners. The current commissioners include Michael Milani, K.C., The Honourable Darryl J. Brown, Professor Ronald C. Cuming, K.C. (Emeritus), Darcy McGovern, K.C., Professor Barbara von Tigerstrom, Kathleen Peterson, and Professor Dwight Newman. The current director of the Commission is Leah Howie. The Commission is presently funded by the Ministry of Justice and the Law Foundation of Saskatchewan.
The Commission works to respond to the changing needs of Saskatchewan citizens, reforming antiquated legislation and recommending new legislation that will address legislative gaps. To fulfill this mandate, projects are initiated by the Commission as a response to suggestions from the public and the legal community, or at the request of the Minister of Justice and the Attorney General. Consultation is central to the Commission’s work. The Commission relies on the expertise of the legal community and other stakeholders to make informed recommendations for reform. At the completion of a project, the Commission may submit its formal recommendations to the Minister of Justice and Attorney General. The Commission’s work to simplify, reform, and modernize the laws of Saskatchewan impacts the lives of all citizens in Saskatchewan.
Since 1974, the Commission has published 83 reports, with topics ranging from commercial law to civil law. Some of the commercial law projects include published reports on reviewable transactions and fraudulent conveyances, land charges, the sale of goods, reverse mortgages, and life lease housing. Some of the civil law projects include published reports on assisted reproduction and parentage, intestate succession, and contributory fault and apportionment. The Commission most recently released its final report on occupiers’ liability on June 14, 2024, and its final report on The Libel and Slander Act on April 12, 2024. Project reports are available on the Commission’s website, the Saskatchewan Publications Centre, on CanLii, and in libraries.
The impact of the Commission can be seen through the Saskatchewan government’s enactment of the Commission’s recommendations. Saskatchewan’s law-making process is clearly impacted by the work of the Commission, as demonstrated by the Assisted Reproduction & Parentage Final Report. The recommendations made within the Assisted Reproduction & Parentage Final Report were enacted by the Saskatchewan government in amendments to the Children's Law Act, 2020. The work of the Commission has helped to support children and parents in Saskatchewan and ensured that Saskatchewan’s parentage legislation is as compatible as possible with other Canadian jurisdictions.
Another recent example of the impact of the work of the Commission was the enactment of the recommendations made in its Final Report on The Intestate Succession Act, 1996. The Saskatchewan government implemented the Commission’s recommendations in the amended Intestate Succession Act, 2019 and The Intestate Succession Regulations, providing clarity and efficiency for the intestate estate distribution system in Saskatchewan.
The Commission’s reports are also of use to lawyers, the judiciary, law students, and other Canadian and international law reform agencies.
The Commission is currently examining the law surrounding the sale of goods and working to create a draft Sale of Goods Act for Saskatchewan. The Commission is also currently investigating if the Uniform Commercial Tenancies Act should be enacted in Saskatchewan and, if so, if any amendments to the act will be required to meet Saskatchewan’s specific needs.
The Commission is looking for suggestions for future projects, and welcomes proposals from the legal profession, law professors, Ministers, and members of the public. Proposals can be sent to Leah Howie at director@lawreformcommission.sk.ca.
The Commission is also currently reaching out to stakeholders to hear their perspectives and thoughts on the work of the Commission via a survey posted on the Commission’s website: https://lawreformcommission.sk.ca/. The survey will remain open until September 30, 2024.
Fatima Ahmed is a 3L law student at the University of Saskatchewan College of Law and was a student intern with the Law Reform Commission in the 2024 winter term.
Brooke Cross-Worobec is a 3L law student at the University of Saskatchewan College of Law and was a student intern with the Law Reform Commission in the 2024 winter term.
Kathleen Stoneham is a 3L law student at the University of Saskatchewan College of Law and a 2024 summer student for the Law Reform Commission of Saskatchewan.
Leah Howie is the Director of the Law Reform Commission of Saskatchewan.