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.

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

Thoughts on Alberta and the Federal Election

The National Post recently ran a feature choosing different election theme songs for the federal political parties (see http://www.nationalpost.com/news/story.html?id=822081). Critics of Alberta’s dismal turnout on voting day (52.9% of eligible voters) might suggest that the election itself deserved its own … Continue reading

Posted in Constitutional, Criminal, Natural Resources | 2 Comments

Lawyers, Clients, Parties and the Right to Counsel

Cases Considered: R. v. Karmis, 2008 ABQB 525 PDF Version:  Lawyers, Clients, Parties and the Right to Counsel The right to counsel is a revered constitutional right in Canada, but casting aside the understandings of this right that derive from … Continue reading

Posted in Constitutional, Criminal | Comments Off on Lawyers, Clients, Parties and the Right to Counsel