Author Archives: Jennifer Koshan

About Jennifer Koshan

B.Sc., LL.B (Calgary), LL.M. (British Columbia). Professor. Member of the Alberta Bar. Please click here for more information.

No Discrimination Against Long-Term Care Residents in Elder Advocates of Alberta Case

By: Jennifer Koshan and Jonnette Watson Hamilton

PDF Version: No Discrimination Against Long-Term Care Residents in Elder Advocates of Alberta Case

Case Commented On: Elder Advocates of Alberta Society v Alberta, 2018 ABQB 37 (CanLII)

Our colleague Lorian Hardcastle recently posted a comment on the Elder Advocates of Alberta Society case, where a class of long-term care residents brought a claim against the Alberta government challenging its ability to charge accommodation fees in their facilities. As she noted, the plaintiffs were unsuccessful in their claims of unjust enrichment, negligence, and contract. The plaintiffs also argued that the accommodation charges were discriminatory on the basis of age and mental / physical disability, contrary to section 15 of the Canadian Charter of Rights and Freedoms. Justice June Ross also dismissed this argument, and her reasons on the section 15 claim will be the focus of this post. Continue reading →

“Not One Cookie Cutter Citizen”: A Review of ABlawg Posts on Some of Justice Sheilah Martin’s Decisions

By: Jennifer Koshan, Jonnette Watson Hamilton, Fenner Stewart, and Lisa Silver

PDF Version: “Not One Cookie Cutter Citizen”: A Review of ABlawg Posts on Some of Justice Sheilah Martin’s Decisions

Matter Commented On: Justice Sheilah Martin’s Nomination to the Supreme Court of Canada

The Faculty of Law at the University of Calgary is thrilled that one of our own – Justice Sheilah Martin – has been nominated to the Supreme Court of Canada. Many of us watched her question and answer session with Parliamentarians on 5 December 2017, and were pleased to see her fierce intelligence, compassion and humour shine through. In one of the most quoted lines from her remarks, she said that she hoped her legacy would be that she was a deep thinker, a good listener, and had really great hair. The title of this post, “Not One Cookie Cutter Citizen”, is also taken from Justice Martin’s remarks during the hearing, when she was making a point about the importance of thinking about the differential impact of the law on people with different identities and needs. A review of ABlawg posts on decisions written by Justice Martin during her tenure as a judge in Alberta reveals her concern for the impact of the law on individuals and the public. This post will highlight four of Justice Martin’s decisions that we have blogged on over the years, in areas ranging from constitutional and health law, to civil litigation and vexatious litigants, to bankruptcy law and oil and gas assets, to homicide and sexual assault law. We also provide a list of other posts on her judgments for those who are interested in further reading on Justice Martin’s legacy as a judge in Alberta.  Continue reading →

Landlords, Tenants and Domestic Violence: Introduction to a New ABlawg Ebook

By: Jennifer Koshan and Jonnette Watson Hamilton

Editors’ Note: ABlawg is pleased to publish this new ebook, Landlords, Tenants and Domestic Violence: An ebook collection of ABlawg posts concerning residential tenancies and victims of domestic violence, on the National Day of Remembrance and Action on Violence against Women in Canada.

This ebook is a compilation of ABlawg posts from the last two years concerning residential tenancies and domestic violence. Continue reading →

Age Discrimination and Ameliorative Program Protections to be Broadened Under Alberta Human Rights Act

By: Jennifer Koshan

PDF Version: Age Discrimination and Ameliorative Program Protections to be Broadened Under Alberta Human Rights Act

Legislation Commented On: Bill 23, An Act to Amend the Alberta Human Rights Act

On November 1, 2017, Bill 23, An Act to Amend the Alberta Human Rights Act, had first reading in the Alberta Legislature. As I noted in a post in February 2017, Bill 23 was spurred by a Charter challenge commenced by elder advocate Ruth Adria. She argued that the exclusion of protections against age discrimination in respect of services available to the public and tenancies in sections 4 and 5 of the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA), violated her constitutional equality rights. The Alberta government did not fight the challenge, and consented to an order requiring age discrimination to be added to the AHRA by January 2018. The government then undertook consultations on the apparently thorny issue of how the amendments would affect adult-only condominiums, cooperatives, and apartments. Bill 23 attempts a compromise, and if passed, it will allow some exceptions to the new prohibitions against age discrimination in this context. But there are apparent gaps and uncertainties in the Bill that the government may wish to address, as I will elaborate upon here. Bill 23 will also add to the AHRA a new provision, section 10.1, protecting ameliorative policies and programs, which also merits some commentary. Continue reading →