Alberta premier’s plan to forgive COVID fines has legal precedent, needs legislation: expert
Though there is precedent in provincial law, Silver said those pieces of legislation don’t exist anymore and a new one would need to be crafted.“It’s in the Criminal Code — the ability to remit by governor and council — so it’s not something unheard of. But again, it’s usually a power that is in a piece of legislation and it’s a power that is not connected to to a specific kind of offense,” said Silver.
Silver said she doesn’t know how the remission process would end up working, should legislation be introduced. “The question is, can you get it remitted or do you do you have to first use all your appeal rights before you can get a remission? That I don’t know,” said Silver.“[Church in the Vine’s] appeal was dismissed by the King’s Bench, but they may still do an application to the Court of Appeal. Do they have to do that before they can make an application for remission? That I don’t know.”