University of Calgary Faculty of Law ABLawg.ca logo over mountains

Author: Jennifer Koshan Page 22 of 41

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

Psychological Stress and Workers’ Compensation in Alberta

By

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:

Read More

ABlawg: Assessing Our Impact

By

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.

Read More

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

By

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.

Read More

Supreme Court Denies Leave to Appeal in Marital Rape Sentencing Case

By

On November 26, 2013

In Criminal, Supreme Court of Canada

PDF Version: Supreme Court Denies Leave to Appeal in Marital Rape Sentencing Case

Case commented on: R v QJK, 2013 ABCA 244; leave to appeal to SCC dismissed November 21, 2013

On November 21, 2013 the Supreme Court of Canada (McLachlin CJ, Cromwell J and Wagner J) dismissed a leave to appeal application by the defence for a sentence handed down by the Alberta Court of Appeal in R v QJK. The Supreme Court’s summary of the case frames the issue on which leave to appeal was sought as “Whether the Honourable Court of Appeal erred in not giving deference to the Learned Sentencing Judge as he did give proper weight to the gravity of the offense and properly considered the principles of denunciation and deterrence and imposed a fit sentence.” In a very brief Memorandum of Decision delivered from the bench, the Court of Appeal had increased the sentence imposed by the sentencing judge from 6 months to 20 months imprisonment. The Court of Appeal noted that the circumstances of the case – forced sexual intercourse by the accused on his spouse – amounted to a major sexual assault necessitating a 3 year starting point (2013 ABCA 244 at para 1). According to the Court of Appeal, the sentencing judge “overemphasized the mitigating circumstances and underappreciated the gravity of the offence as well as the need that the sentence reflect an appropriate degree of denunciation and deterrence” (at para 1).

Read More

Blind Justice? Accommodating Offenders with Disabilities

By

On November 18, 2013

In Constitutional, Criminal, Human Rights

PDF Version: Blind Justice? Accommodating Offenders with Disabilities

Case commented on: R v Myette, 2013 ABCA 371

To what degree should courts accommodate the circumstances of persons with disabilities whose crimes attract jail sentences? The Alberta Court of Appeal recently divided on this issue in R v Myette, 2013 ABCA 371. At the original sentencing hearing, Judge Heather Lamoureux found that a jail sentence would be “unduly harsh” in light of Myette’s visual impairment, and ordered a suspended sentence of 18 months for sexual assault and common assault (2013 ABPC 89 at para 16). A majority of the Court of Appeal (Justices Constance Hunt and Jack Watson) found her approach to be erroneous, and substituted a sentence of 90 days in jail, to be served intermittently on weekends.  Justice Peter Martin, writing in dissent, would have dismissed the Crown’s appeal. This post will review the various decisions in this case with a focus on whether sentencing decisions are the proper forum for accommodating the circumstances of offenders with disabilities.

Read More

Page 22 of 41

Previous

Next

Powered by WordPress & Theme by Anders Norén