Category Archives: Constitutional

First Nations Community Election Codes and the Charter

By: Jennifer Koshan PDF Version: First Nations Community Election Codes and the Charter Case Commented On:  Orr v Peerless Trout First Nation, 2015 ABQB 5 In December Jonnette Watson Hamilton and I wrote a post commenting on Taypotat v Taypotat, … Continue reading

Posted in Aboriginal, Constitutional | 1 Comment

Deconstructing Investigative Detention

By: Dylan Finlay PDF Version: Deconstructing Investigative Detention Case Commented On: R v Rowson, 2014 ABQB 79 Crime scenes are often intense and dynamic environments. This presents a challenge to investigators who – prior to making an arrest – must … Continue reading

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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

Imposing Limits on the Public’s Right to Access Transit Services: Is the Alberta Court of Appeal’s Train of Thought in the Case of R. v. S.A. on the Right Track?

By: Ola Malik and Sarah E. Hamill PDF Version: Imposing Limits on the Public’s Right to Access Transit Services: Is the Alberta Court of Appeal’s Train of Thought in the Case of R. v. S.A. on the Right Track? Case … Continue reading

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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

Whose (Pipe)line is it Anyway?

By: Martin Olszynski  PDF Version: Whose (Pipe)line is it Anyway? Document Commented On: Quebec’s Letter to TransCanada Corp. Imposing 7 Conditions on Energy East On November 18th, on the heels of a unanimous vote of non-confidence in the National Energy … Continue reading

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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

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Supreme Court of Canada grants Leave to Appeal in Daniels

Case commented on: Harry Daniels et al. v. Her Majesty the Queen as represented by The Minister of Indian Affairs and Northern Development et al, 2013 FC 6, varied 2014 FCA 101; leave granted November 20, 2014 (SCC) (35945) Yesterday … Continue reading

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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

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