Author: Jennifer Koshan Page 22 of 41

B.Sc., LL.B (Calgary), LL.M. (British Columbia).
Professor. Member of the Alberta Bar.
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U of C and U of A Law Profs’ Submission to the Law Society of Alberta on Trinity Western University Law School

By Jennifer Koshan

On January 29, 2014

In Ethics and the Legal Profession, Human Rights, Legal Education

By Jennifer Koshan, Jonnette Watson Hamilton and Alice Woolley

PDF Version: U of C and U of A Law Profs’ Submission to the Law Society of Alberta on Trinity Western University Law School

Commented on: Letter from members of the Faculties of Law at U of C and U of A to the Law Society of Alberta

On January 28, 2014, over 30 law professors and members of affiliated institutes and centres from the University of Calgary and University of Alberta submitted a letter to the president and president-elect of the Law Society of Alberta. The purpose of the letter was “to express our concerns on the decision making process taken to date for the approval of Trinity Western University School of Law’s program and the eligibility of TWU’s graduates to become students-at-law in Alberta.” Trinity Western University (TWU) received approval from the British Columbia government on December 18, 2013 to open a law school. The school is anticipated to commence operations with its first class of 60 law students in September 2015. TWU is a private, Christian university which requires its students and staff to abide by a Community Covenant Agreement (available here). It is in this context that these concerned legal academics submitted the following letter:

Teaching Bedford: Reflections on the Supreme Court’s Most Recent Charter Decision

By Jennifer Koshan

On December 24, 2013

In Constitutional, Supreme Court of Canada

By: Jennifer Koshan

PDF Version: Teaching Bedford: Reflections on the Supreme Court’s Most Recent Charter Decision

Case Commented On: Canada (Attorney General) v Bedford, 2013 SCC 72

Much commentary has already been written on the Supreme Court’s decision in Bedford and the implications the case has for the regulation of prostitution in Canada. My interest in this post is to reflect on how to approach Bedford when teaching constitutional law next term. I think Bedford brings some clarity to the case law on section 7 of the Charter, and as Sonia Lawrence has noted here, the decision helps dispel some of the problematic thinking around “choice” and causation in constitutional cases, though I would have liked to see the Court go further here. The Court also could have done more by way of taking a contextual approach in its consideration of the prostitution laws. The evidence presented in the case clearly provided a compelling enough picture of the harms of these laws for the Court to find a violation of section 7, but it is disappointing to see no explicit references to the gendered and racialized nature of prostitution nor to the rich and diverse literature in this area, some of which was cited in the submissions of interveners (see e.g. here, here and here). Finally, the case can also be seen as an example of the relative success that section 7 claims have had of late at the Supreme Court, especially in comparison to the lack of success of section 15 claims.

Psychological Stress and Workers’ Compensation in Alberta

By Jennifer Koshan

On December 13, 2013

In Constitutional, Labour/Employment

PDF Version: Psychological Stress and Workers’ Compensation in Alberta

Cases commented on: Martin v Alberta (Workers’ Compensation Board), 2012 ABCA 248, appeal heard December 10, 2013 (SCC); Ashraf v SNC Lavalin ATP Inc., 2013 ABQB 688

Earlier this week, the Supreme Court of Canada heard argument in an Alberta case involving the interplay between federal and provincial legislation providing for the compensation of workers injured in workplace activities. Workers’ Compensation Commissions from British Columbia, Quebec and Nova Scotia intervened in the case. The Court, which reserved judgment after its hearing, offers the following description of the case on its website:

ABlawg: Assessing Our Impact

By Jennifer Koshan

On December 9, 2013

In Blogs and Websites

PDF Version: ABlawg: Assessing Our Impact

Our faculty is in the midst of a unit review, which assesses our performance on a number of measures including research productivity and impact, as well as teaching and learning. As part of that review, and as current ABlawg Coordinator, I was asked by Associate Dean Research Jonnette Watson Hamilton to compile some information and statistics on ABlawg. We have decided to share our evidence of ABlawg’s impact with our readers to contribute to the ongoing conversation about the impact of law blogging (see e.g. this recent post on Slaw). It is also the season of the Clawbies, and if you like what you see here we would be grateful for your nomination.

Alberta’s Alcohol-Related Administrative Licence Suspension Regime: The Constitutional Challenge and the Challenge to the Evidence

By Jennifer Koshan

On December 6, 2013

In Civil Procedure, Constitutional, Evidence

PDF Version: Alberta’s Alcohol-Related Administrative Licence Suspension Regime: The Constitutional Challenge and the Challenge to the Evidence

Case commented on: Sahaluk v Alberta (Transportation Safety Board), 2013 ABQB 683

Several applicants are challenging the constitutionality of Alberta’s Alcohol-Related Administrative Licence Suspension Regime, which requires those charged with impaired driving-related offences to surrender their drivers’ licences to police and suspends them from driving until the charges are disposed of (when a conviction may result in further driving prohibitions under the Criminal Code, RSC 1985, c C-46, with no credit given for the provincial suspension). This regime is found in section 88.1 of the Traffic Safety Act, RSA 2000, c T-6, which is being challenged on the basis that it violates the applicants’ rights under sections 7, 8 and 11(d) of the Canadian Charter of Rights and Freedoms, and is in pith and substance criminal law and therefore ultra vires the Province of Alberta. In this preliminary application, the Registrar of Motor Vehicle Services sought an order striking out parts of three affidavits filed on behalf of the applicants on the basis that they contained “frivolous, irrelevant or improper information” contrary to rule 3.68(4) of the Alberta Rules of Court, Alta. Reg. 124/2010.

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