Author Archives: Jennifer Koshan

About Jennifer Koshan

B.Sc. LL.B (Calgary), LL.M. (British Columbia). Associate Professor. Member of the Alberta Bar. B.Sc. LL.B (Calgary), LL.M. (British Columbia). Associate Professor. Member of the Alberta Bar. Before joining the faculty in 2000, Professor Koshan practiced for several years in the Northwest Territories as Crown counsel, and worked as the Legal Director of the B.C. branch of the Women’s Legal Education and Action Fund (LEAF), a non-profit equality rights organization. Her teaching and research interests are in the areas of constitutional law, equality and human rights, state responses to violence, legal theory, and public interest advocacy. In 2004 Professor Koshan was awarded TUCFA's Community Service Award for her contributions to the equality seeking community, and in 2010 she received a Students' Union Teaching Excellence Award for Constitutional Law. Jennifer spent the fall 2011 term at New York University as a Global Research Fellow, conducting a comparative study of specialized domestic violence courts in Calgary and New York.

The Supreme Court’s Other Opportunity to Revisit Adverse Effects Discrimination under the Charter: Taypotat v Taypotat

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: The Supreme Court’s Other Opportunity to Revisit Adverse Effects Discrimination under the Charter: Taypotat v Taypotat Case Commented On: Taypotat v Taypotat, 2012 FC 1036; rev’d 2013 FCA 192; leave to … Continue reading

Posted in Aboriginal, Constitutional | 1 Comment

National Day of Remembrance and Action on Violence Against Women and the Failed Challenge to the Repeal of the Long Gun Registry

By Jennifer Koshan PDF Version: National Day of Remembrance and Action on Violence Against Women and the Failed Challenge to the Repeal of the Long Gun Registry Case Commented On: Barbra Schlifer Commemorative Clinic v. Canada, 2014 ONSC 5140 (CanLII) … Continue reading

Posted in Constitutional, Criminal, State Responses to Violence | Leave a comment

Assisted Suicide and Adverse Effects Discrimination: Where Will the Supreme Court Go in Carter?

By: Jennifer Koshan and Jonnette Watson Hamilton PDF Version: Assisted Suicide and Adverse Effects Discrimination: Where Will the Supreme Court Go in Carter? Case Commented On: Carter v Canada (Attorney General), 2012 BCSC 886, rev’d 2013 BCCA 435, leave to … Continue reading

Posted in Constitutional | Leave a comment

The Uncertain Status of the Doctrine of Interjurisdictional Immunity on Reserve Lands

By: Nigel Bankes and Jennifer Koshan PDF Version: The Uncertain Status of the Doctrine of Interjurisdictional Immunity on Reserve Lands Case Commented On: Sechelt Indian Band v. British Columbia (Manufactured Home Park Tenancy Act, Dispute Resolution Officer), 2013 BCCA 262, … Continue reading

Posted in Aboriginal, Constitutional | 1 Comment

The Charter Issue(s) in Ernst: Awaiting Another Day

By: Jennifer Koshan PDF Version: The Charter Issue(s) in Ernst: Awaiting Another Day Case Commented On: Ernst v Alberta (Energy Resources Conservation Board), 2014 ABCA 285 My colleagues Martin Olszynski and Shaun Fluker have posted comments on the Alberta Court … Continue reading

Posted in Administrative Law, Constitutional | Leave a comment

Sentencing in an Unusual Domestic Violence Case

By: Jennifer Koshan PDF Version: Sentencing in an Unusual Domestic Violence Case Case Commented On: R v Hernandez, 2014 ABCA 311 The most recent edition of Eugene Meehan’s Supreme Advocacy newsletter lists R v Hernandez, 2014 ABCA 311, as the … Continue reading

Posted in Criminal, State Responses to Violence | Leave a comment

Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867?

By: Nigel Bankes and Jennifer Koshan PDF Version: Tsilhqot’in: What Happened to the Second Half of Section 91(24) of the Constitution Act, 1867? Case commented on: Tsilhqot’in Nation v British Columbia, 2014 SCC 44 The Delgamuukw decision of the Supreme … Continue reading

Posted in Aboriginal, Constitutional | 1 Comment

“Arbitrary Disadvantage”: A Slip of the Pen or Something More?

By: Jennifer Koshan PDF Version: “Arbitrary Disadvantage”: A Slip of the Pen or Something More? Case commented on:McCormick v Fasken Martineau DuMoulin LLP, 2014 SCC 39 I have written several ABlawg posts on the test for discrimination under human rights … Continue reading

Posted in Constitutional, Human Rights | Leave a comment

A Vital Judgment: Upholding Transgendered Rights in Alberta

By: Jennifer Koshan PDF Version: A Vital Judgment: Upholding Transgendered Rights in Alberta Case commented on: C.F. v Alberta, 2014 ABQB 237 (CanLII) Alberta’s Director of Vital Statistics interpreted her home statute, the Vital Statistics Act (RSA 2000, c V-4 (Old … Continue reading

Posted in Constitutional, Human Rights | 2 Comments

Seasonal Workers and Discriminatory Benefits: The NWTCA Provides Some Clarity

By: Jennifer Koshan PDF Version: Seasonal Workers and Discriminatory Benefits: The NWTCA Provides Some Clarity Case commented on: NWT (WCB) v Mercer, 2014 NWTCA 01 (Can LII) This decision from the Northwest Territories Court of Appeal was passed on to … Continue reading

Posted in Human Rights | 1 Comment