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Author: Jennifer Koshan Page 1 of 44

B.Sc., LL.B (Calgary), LL.M. (British Columbia).
Professor. Member of the Alberta Bar.
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A Landmark Decision in Canadian Charter-based Climate Litigation: Mathur v Ontario, 2024 ONCA 762

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On October 31, 2024

In Climate Change, Constitutional

By: Martin Olszynski, Jennifer Koshan, Nigel Bankes, and Jonnette Watson Hamilton

Case commented on: Mathur v Ontario, 2024 ONCA 762 (CanLII)

PDF Version: A Landmark Decision in Canadian Charter-based Climate Litigation: Mathur v Ontario, 2024 ONCA 762

The Ontario Court of Appeal recently released its decision in Mathur v Ontario, 2024 ONCA 762 (CanLII). ABlawg readers will know that this is one of three Charter-based climate lawsuits currently making their way through Canadian courts. The other two are La Rose v Canada, 2023 FCA 241 (CanLII), which involves a challenge to the federal government’s climate policies, and Dykstra et al v Saskatchewan Power Corporation, which involves a challenge to the Saskatchewan government’s and SaskPower’s decisions to expand gas-fired electricity generation (see our previous post on La Rose here). In this post, we contrast the trial and appellate reasons in Mathur (and where relevant, in La Rose FCA) and offer our commentary on several key issues in this litigation.

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Let Them Eat Breakfast? Encampments on Campus Part 3

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On July 17, 2024

In Constitutional, Injunctions, Protest

By: Jonnette Watson Hamilton and Jennifer Koshan

Decision Commented On: University of Toronto (Governing Council) v Doe et al., 2024 ONSC 3755 (CanLII)

PDF Version: Let Them Eat Breakfast? Encampments on Campus Part 3

Stampede Week in Calgary just ended. Pancake breakfasts and other festivities went ahead despite a recent water emergency. At times like this, folks often point to Calgary’s can-do attitude. Indeed, some observers have suggested that this same can-do attitude prevailed, in a good way, when the University of Calgary (UCalgary) called in the Calgary Police Service (CPS) to enforce a trespass notice within less than 24 hours of an on-campus encampment being established on May 9, 2024 (see e.g., the comments of Councillor Terry Wong at the May Calgary Police Commission hearing at 46:13, 49:15). Who needs an expensive court-ordered injunction when the police are willing to heed the call of property owners? Well, the University of Toronto (U of T) decided that it did, seemingly because the Toronto police – unlike the CPS – refused to intervene without a court order in a 50+ day encampment on that campus (University of Toronto v Doe et al., 2024 ONSC 3755 (CanLII) at para 212). U of T got its interlocutory injunction on July 2 and then others, such as Memorial University (here), suggested that the U of T injunction decision supported their actions in removing protesters. We expect UCalgary will also rely on the U of T decision to justify its actions after the fact.

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Submission on Family Violence Law to the Ministers of Arts, Culture and Status of Women, Children and Family Services, and Justice

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On July 8, 2024

In Family, Law Reform

By: Jennifer Koshan, Ampee Minhas, Athina Pantazopoulos & Sasha Reid

Legislation Commented On: Family Law Act, SA 2003, c F-4.5; Protection Against Family Violence Act, RSA 2000, c P-27

PDF Version: Submission on Family Violence Law to the Ministers of Arts, Culture and Status of Women, Children and Family Services, and Justice

Authors’ Note:

This law reform submission was delivered to the Government of Alberta, Ministers of Arts, Culture and Status of Women, Children and Family Services, and Justice, on July 8, 2024. Below we provide the Introduction to the submission, a full version of which is available here.

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Encampments on Campus Part 2

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On June 28, 2024

In Protest

By: Jennifer Koshan and Jonnette Watson Hamilton

Document Commented On: University of Calgary, Temporary structures and overnight protests, 2024-UC-003-A 

PDF Version: Encampments on Campus Part 2

Last week we posted commentary about the University of Calgary’s May 9, 2024 response to an on-campus encampment (see “Encampments on Campus: Trespass, Universities, and the Charter”). An ABlawg reader subsequently sent us a copy of a University document entitled “Temporary structures and overnight protests” (Direction), which was apparently handed out to protestors on May 9. The document does not seem to be available on the University’s Policies and Procedures webpage, which is why we are calling it a direction rather than a policy. And while the document does not have “direction” in its title, it internally references itself as a “direction”, as we describe below.

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Encampments on Campus: Trespass, Universities, and the Charter

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On June 21, 2024

In Constitutional, Protest

By: Jennifer Koshan and Jonnette Watson Hamilton

Matter Commented On: University of Calgary and Calgary Police Service Response to an On Campus Encampment on May 9, 2024

PDF Version: Encampments on Campus: Trespass, Universities, and the Charter

Campus encampments have proliferated this spring, demanding that universities divest from funds supporting Israel’s military operations in Gaza. In Alberta, the University of Calgary called in the police to dismantle a student encampment in the University quad on May 9, 2024 less than 24 hours after it went up, and similar action followed at the University of Alberta two days later. Concerns were raised about the use of force by the universities and police (see e.g., a letter from law professors here and from a former justice of the Alberta Court of Appeal here). The universities defended their actions on the basis that they had properly invoked their powers under trespass law and university policies. According to a message to the campus community from University of Calgary President Ed McCauley on May 10, 2024:

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