Author: Jennifer Koshan Page 1 of 41

B.Sc., LL.B (Calgary), LL.M. (British Columbia).
Professor. Member of the Alberta Bar.
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Case Commented On: Alberta Teachers Association v Alberta (AG), 2026 ABKB 190

PDF Version: Back to School Act Survives Injunction Application

On March 13, 2026, Justice Douglas R. Mah denied the application of the Alberta Teachers Association (ATA) for an interlocutory injunction to suspend operation of the Back to School Act, SA 2025, c B-05 (BSA). Background on this legislation and the Alberta government’s use of the Charter’s notwithstanding clause to override the teachers’ rights to collectively bargain and strike appears in earlier ABlawg posts here and here. This post will discuss Justice Mah’s reasons, including his commentary on the role of judges in a constitutional democracy. This commentary is a sign of the times in Alberta, with the government posing threats to the rule of law and judges feeling compelled to speak out and defend their role. And it is not just the Alberta government seeking to exert more control over the judiciary. On March 24, Alberta was joined by the governments of Saskatchewan, Ontario, and Quebec in calling for a greater say for the provinces in the selection of federally appointed judges. The provinces’ letter to Prime Minister Mark Carney came during a week when the Supreme Court of Canada is hearing what many consider to be the most important constitutional case since the Charter came into effect in 1982, English Montreal School Board, et al v Attorney General of Quebec, et al, 2025 CanLII 2818 (SCC) (EMSB). EMSB involves foundational issues about the powers of judges after a government has invoked the Charter’s notwithstanding clause, section 33. As I will discuss, the EMSB case played a key role in Justice Mah’s decision.

The Notwithstanding Clause x 4 in Alberta: Now What?

By Jennifer Koshan

On March 10, 2026

In Charter, Constitutional

By: Jennifer Koshan

Legislation Commented On: Back to School Act, SA 2025, c B?0.5; Protecting Alberta’s Children Statutes Amendment Act, 2025, SA 2025, c 24

PDF Version: The Notwithstanding Clause x 4 in Alberta: Now What?

As discussed previously on ABlawg, in the space of one month in late 2025 the Alberta government invoked the notwithstanding clause in section 33 of the Charter four times through two different statutes: the Back to School Act, SA 2025, c B?0.5 (BTSA) and the Protecting Alberta’s Children Statutes Amendment Act, 2025, SA 2025, c 24 (PACSAA). The BTSA ended the Alberta teachers’ strike and lockout, ordered the teachers back to work, imposed “collective agreements”, and prohibited further strikes and lockouts with hefty penalties attached (see this post by Shaun Fluker et al). The government used section 33 to declare that the BTSA shall operate notwithstanding sections 2 and 7 to 15 of the Charter (section 3) and purported to oust the jurisdiction of courts to hear constitutional challenges related to the legislation (section 14). The PACSAA amended three Alberta statutes that target the rights of trans and gender diverse youth by restricting access to gender-affirming health care (Health Professions Act, RSA 2000, c H-7, ss 1.91 and 1.92), prohibiting use of gender-affirming names and pronouns at school without parental consent / notification (Education Act, SA 2012, c E-0.3, s 33.2; see also amendments that limit access to education on sex, sexuality and gender identity), and limiting participation in “women-only” sports (Fairness and Safety in Sport Act, SA 2024, c F-2.5) (see this previous post). The amendments in the PACSAA again declare that these three statutes shall operate notwithstanding sections 2 and 7 to 15 of the Charter. Pursuant to section 33(3) of the Charter, declarations such as those in the BTSA and PACSSA cease to have effect five years after they come into force. The BTSA and the PACSAA also declare that they apply notwithstanding the Alberta Bill of Rights, SA 2000, c A-14 and Alberta Human Rights Act, RSA 2000, c A-25.5, but the issues arising from those declarations will not be explored here.

The Nuclear Option: An Update on Alberta’s Legislation Targeting Trans and Gender Diverse Youth

By Jennifer Koshan

On November 19, 2025

In Constitutional, Equality, Equity, Diversity, and Inclusion, Human Rights, Injunctions, Youth and the Law

By: Jennifer Koshan

Case and Bill Commented On: Egale Canada v Alberta, 2025 ABKB 394 (CanLII); Bill 9, Protecting Alberta’s Children Statutes Amendment Act, 2025, 2^nd Session, 31st Legislature

PDF Version: The Nuclear Option: An Update on Alberta’s Legislation Targeting Trans and Gender Diverse Youth

On November 18, 2025 the UCP government introduced Bill 9, which seeks to amend three statutes that were passed last year restricting the rights of trans and gender diverse youth. The Protecting Alberta’s Children Statutes Amendment Act, 2025 invokes s 33 of the Charter, such that if the Bill is passed, the three statutes will apply notwithstanding several Charter rights and freedoms, the Alberta Bill of Rights, RSA 2000, c A-14, and the Alberta Human Rights Act, RSA 2000, c A-25.5. This is the second time s 33 has been used in recent weeks, with Bill 2, the Back to School Act, SA 2025, c B?0.5, invoking s 33 to end the teachers’ strike and impose a contract on them in late October (see an ABlawg post on Bill 2 by Shaun Fluker et al here).

The Dissent in Dickson v Vuntut Gwitchin First Nation: Failing to Accommodate Legal Pluralism

By Jennifer Koshan

On September 24, 2025

In Aboriginal, Constitutional, Indigenous

By: Jennifer Koshan, Robert Hamilton, and Jonnette Watson Hamilton

Cases Commented On: Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII); Houle v Swan River First Nation, 2025 FC 267 (CanLII); Donald-Potskin v Sawridge First Nation, 2025 FC 648 (CanLII); Cunningham v Sucker Creek First Nation 150A, 2025 FC 1174 (CanLII)

PDF Version: The Dissent in Dickson v Vuntut Gwitchin First Nation: Failing to Accommodate Legal Pluralism

This is the fourth and final post in our series on the Supreme Court of Canada’s decision in Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII). Our last post examined the majority judgment of Justices Nicholas Kasirer and Mahmud Jamal (Richard Wagner CJ and Suzanne Cote J concurring) on the interplay between sections 15(1) and 25 of the Charter. This post focuses on the dissenting judgment of Justices Sheilah Martin and Michelle O’Bonsawin on the section 15/25 issues. As we discuss, the two opinions contrast significantly in the way they prioritize the protection of collective Indigenous rights and the claims based on individual Charter rights and freedoms. We describe and critique the dissent’s analysis and we return to the three recent decisions introduced in our third post to think through how the approach of Martin and O’Bonsawin JJ would have played out in those cases (see Houle v Swan River First Nation, 2025 FC 267 (CanLII); Donald-Potskin v Sawridge First Nation, 2025 FC 648 (CanLII); Cunningham v Sucker Creek First Nation 150A, 2025 FC 1174 (CanLII)).

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

By Jennifer Koshan

On December 13, 2024

In Constitutional, Youth and the Law

By: Jennifer Koshan

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.