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.

Courts send message to legislature that the Child, Youth and Family Enhancement Act requires amendment

Cases considered: Alberta (Child, Youth and Family Enhancement, Director) v. Q.F., 2008 ABQB PDF Version:  Courts send message to legislature that the Child, Youth and Family Enhancement Act requires amendment It is always interesting to see a court sending a … Continue reading

Posted in Family | Comments Off on Courts send message to legislature that the Child, Youth and Family Enhancement Act requires amendment

Supreme Court denies leave to appeal to parents in disinterment case

Cases Considered: Johnston v. Alberta (Vital Statistics), 2008 ABCA 188, leave to appeal denied by S.C.C. PDF Version:  Supreme Court denies leave to appeal to parents in disinterment case On November 13, 2008, Justices Louis LeBel, Marie Deschamps and Louise … Continue reading

Posted in Supreme Court of Canada | Comments Off on Supreme Court denies leave to appeal to parents in disinterment case

Recent Developments in the Black Bear Crossing Dispute

Cases considered: Tsuu T’ina Nation v. Bearchief, 2008 CanLII 55966 (S.C.C.)   PDF Version:  Recent Developments in the Black Bear Crossing Dispute As noted in my previous post on Tsuu T’ina Nation v. Bearchief, the Tsuu T’ina Nation was effectively … Continue reading

Posted in Aboriginal, Constitutional, Human Rights, Supreme Court of Canada | 1 Comment

The Constitutionality of Calgary’s Parks and Pathways Bylaw for Homeless Persons

Cases Considered: Victoria (City) v. Adams, 2008 BCSC 1363 PDF Version: The Constitutionality of Calgary’s Parks and Pathways Bylaw for Homeless Persons The recent decision of the B.C. Supreme Court finding municipal bylaws unconstitutional for prohibiting certain practices associated with homelessness … Continue reading

Posted in Constitutional | 5 Comments

Crown Discretion and the Power to Stay Proceedings

Cases Considered: R. v. Powder, 2008 ABQB 579; R. v. Powder, 2008 ABCA 568 PDF Version:  Crown Discretion and the Power to Stay Proceedings In what circumstances can Crown prosecutors stay proceedings with impunity? This was the issue in a … Continue reading

Posted in Constitutional, Criminal | Comments Off on Crown Discretion and the Power to Stay Proceedings