Author: Jennifer Koshan Page 2 of 41

B.Sc., LL.B (Calgary), LL.M. (British Columbia).
Professor. Member of the Alberta Bar.
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Commented On: Bills 26, 27, and 29 (Alberta, 31^st Legislature, 1^st Session)

PDF Version: Alberta’s Bills Targeting Gender Diverse Youth: Comparisons, Constitutional Issues, and Challenges

On December 3, 2024, the Alberta Legislature passed Bills 26, 27, and 29. These Bills place restrictions on gender diverse youth in the areas of health care, education, and sports respectively. This development means that Canada now has three provinces that have introduced legislation (in the case of Saskatchewan and Alberta) and/or policies (in the case of New Brunswick and Saskatchewan) targeting gender diverse youth. Only one of those provinces, Alberta, has included health care restrictions in its reforms. While these types of restrictions are not widespread in Canada, they deeply impact the individuals affected and their families.

Myths, Stereotypes, and Substantive Equality

By Jennifer Koshan

On November 29, 2024

In Equality

By: Jennifer Koshan

Case Commented On: R v Kruk, 2024 SCC 7 (CanLII)

PDF Version: Myths, Stereotypes, and Substantive Equality

Canada’s legal frameworks related to substantive equality and sexual assault law have led to a robust body of jurisprudence on myths and stereotypes about sexual violence. The Supreme Court of Canada first used the language of myths and stereotypes in R v Lavallee, 1990 CanLII 95 (SCC), [1990] 1 SCR 852. In Lavallee, Justice Bertha Wilson repudiated the myth that real victims of intimate partner violence (IPV) will leave their abusers, noting that there are many reasons why women may be unable to do so. A year later, the Court identified several myths and stereotypes about sexual assault, including the “twin myths” that women with a sexual history are more likely to have consented to the alleged sexual activity or that they are less worthy of belief (see R v Seaboyer, 1991 CanLII 76 (SCC), [1991] 2 SCR 577; most recently see R v TWW, 2024 SCC 19 (CanLII)). In the decades since, numerous myths and stereotypes about gender-based violence (GBV) have been debunked by the Supreme Court (see here), and in cases where such misconceptions have infected trial decisions, errors of law have been found on appeal.

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

By Jennifer Koshan

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.

Encampments on Campus Part 2

By Jennifer Koshan

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.

Encampments on Campus: Trespass, Universities, and the Charter

By Jennifer Koshan

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: