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Author: Jennifer Koshan Page 10 of 44

B.Sc., LL.B (Calgary), LL.M. (British Columbia).
Professor. Member of the Alberta Bar.
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Clare’s Law: Unintended Consequences for Domestic Violence Victims?

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On October 18, 2019

In State Responses to Violence

By: Jennifer Koshan and Wanda Wiegers

PDF Version: Clare’s Law: Unintended Consequences for Domestic Violence Victims?

Bill Commented On: Bill 17, Disclosure to Protect Against Domestic Violence (Clare’s Law) Act

On Wednesday the Alberta government introduced Bill 17, the Disclosure to Protect Against Domestic Violence (Clare’s Law) Act. Plans for this law were announced during the spring 2019 election campaign by the United Conservative Party (UCP). Given that the UCP voted against several measures to combat violence against women introduced by the previous NDP government, it is worth exploring why this government might prioritize such a law and what its impacts – both intended and unintended – might be.

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Discrimination Justified in Elder Advocates of Alberta Society Class Action

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On October 3, 2019

In Constitutional, Equality

By: Jonnette Watson Hamilton and Jennifer Koshan

PDF Version: Discrimination Justified in Elder Advocates of Alberta Society Class Action

Case Commented On: Elder Advocates of Alberta Society v Alberta, 2019 ABCA 342 (Can LII)

The Alberta Court of Appeal has dismissed the appeal of the Elder Advocates of Alberta Society from the January 2018 judgment of Justice June Ross, which had dismissed their class-action challenging accommodation fees charged to long-term care residents by the province. Accommodation fees cover expenses such as meals, housekeeping, and building maintenance, and currently range from $55.90 per day for a standard shared room to $68.00 per day for a private room. The essence of the class action claim was that long-term care residents are subsidizing their health care costs, something no other users of the Alberta health care system are required to do.

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Time for Buy-Back: Supreme Court Set to Hear Important Adverse Effects Discrimination Case

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On September 5, 2019

In Constitutional, Equality

By: Jennifer Koshan and Jonnette Watson Hamilton

PDF Version: Time for Buy Back: Supreme Court Set to Hear Important Adverse Effects Discrimination Case

Case Commented On: Fraser v Canada (Attorney General), 2018 FCA 223 (CanLII), leave to appeal granted, 2019 CanLII 42345 (SCC)

In December, the Supreme Court of Canada will hear an appeal in an equality rights challenge under section 15(1) of the Canadian Charter of Rights and Freedoms. Several female members of the Royal Canadian Mounted Police argue that their employer’s pension rules – which denied pension buy-back rights to those who were job-sharing – discriminated against them based on their sex and family or parental status. The case is a classic example of adverse effects discrimination, involving a claim that a law or policy that is neutral on its face has an adverse impact on the basis of grounds protected under section 15(1). In this post we will review the Federal Court and Federal Court of Appeal decisions rejecting the women’s claim to set the stage for the upcoming appeal at the Supreme Court.

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Mandatory Dispute Resolution Coming Back to Alberta, But What About Domestic Violence Cases?

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On August 30, 2019

In Dispute Resolution, Family

By: Jennifer Koshan, Janet Mosher and Wanda Wiegers

PDF Version: Mandatory Dispute Resolution Coming Back to Alberta, But What About Domestic Violence Cases?

Matter Commented On: Court of Queen’s Bench of Alberta, Notice to the Profession & Public – Enforcement of Mandatory Alternative Dispute Resolution Rules 8.4(3)(A) and 8.5(1)(A)

Last month, the Court of Queen’s Bench of Alberta issued a Notice to the Profession indicating that it would be lifting the suspension of the mandatory alternative dispute resolution (ADR) provisions of the Alberta Rules of Court, Alta Reg 124/2010, for a one-year pilot period commencing September 1, 2019. Mandatory ADR (or mandatory judicial dispute resolution, JDR) will now apply once again to civil and family litigation in Alberta. Although there are some exceptions to this requirement, there is no explicit exemption for domestic violence cases. As noted in a previous ABlawg post concerning similar developments under family legislation in Saskatchewan and federally under the Divorce Act, RSC 1985, c 3 (2nd Supp), as well as a more recent post on a government review of civil and family legislation in Ontario, cases involving domestic violence may not be not appropriate for ADR, and should be explicitly exempted from any mandatory requirements. There should also be screening and training requirements on domestic violence for those who will be assessing exemptions and conducting ADR.

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Ontario’s Review of Family and Civil Legislation, Regulations, and Processes: The Need to Prioritize Domestic Violence

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On August 9, 2019

In Dispute Resolution, Family, State Responses to Violence

By: Janet Mosher, Jennifer Koshan and Wanda Wiegers

PDF Version: Ontario’s Review of Family and Civil Legislation, Regulations, and Processes: The Need to Prioritize Domestic Violence

Matter Commented On: Ontario Ministry of the Attorney General, Review of Family and Civil Legislation, Regulations, and Processes

On July 9, 2019, the government of Ontario announced that the Parliamentary Assistant to the Attorney General, Lindsey Park, was undertaking a review of family and civil legislation, regulations, and processes. According to the news release, “The review will explore ways to simplify family and civil court processes, reduce costs and delays, and encourage the earlier resolution of disputes.” More specifically, the Ministry of the Attorney General is seeking to:

  • direct family law matters out of a combative court process, where possible;
  • reduce the cost of the process to families and taxpayers; and
  • streamline the processes to shorten the time to resolution.

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