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.

The Alberta Inquiry and Freedom of Expression

By: Jennifer Koshan and Linda McKay-Panos

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Matter Commented On: Alberta Inquiry into Anti-Alberta Energy Campaigns

Our colleagues Martin Olszynski and Shaun Fluker have posted concerns about the Alberta Inquiry into Anti-Alberta Energy Campaigns from the perspective of the rule of law and procedural fairness (see here and here). Amnesty International has also raised concerns about the Inquiry’s “aggressive approach to defending the oil and gas industry from criticism” and the impact this approach will have on human rights defenders – especially those who are Indigenous, women, and/or environmental activists. Ecojustice flagged similar concerns about freedom of expression in its letter to Inquiry Commissioner Steve Allan. Continue reading →

Bill 26 and the Rights of Farm and Ranch Workers in Alberta

By: Jennifer Koshan

PDF Version: Bill 26 and the Rights of Farm and Ranch Workers in Alberta

Bill Commented On: Bill 26, Farm Freedom and Safety Act, 2019 (First Session, 30th Legislature)

As promised in its election platform, the UCP government has taken steps to repeal parts of Bill 6, the Enhanced Protection for Farm and Ranch Workers Act – the NDP’s initiative to extend labour and employment protections to farm and ranch workers. For previous posts on the need for Bill 6 and the changes that it made to labour and employment legislation in Alberta, see here. The latest development in this saga is last week’s introduction of Bill 26, the Farm Freedom and Safety Act, 2019, which had second reading in the legislature on November 26, 2019. This post will describe the changes that Bill 26 seeks to make and discuss the possibilities of a constitutional challenge to the Bill. Continue reading →

Clare’s Law: Unintended Consequences for Domestic Violence Victims?

By: Jennifer Koshan and Wanda Wiegers

PDF Version: Clare’s Law: Unintended Consequences for Domestic Violence Victims?

Bill Commented On: Bill 17, Disclosure to Protect Against Domestic Violence (Clare’s Law) Act

On Wednesday the Alberta government introduced Bill 17, the Disclosure to Protect Against Domestic Violence (Clare’s Law) Act. Plans for this law were announced during the spring 2019 election campaign by the United Conservative Party (UCP). Given that the UCP voted against several measures to combat violence against women introduced by the previous NDP government, it is worth exploring why this government might prioritize such a law and what its impacts – both intended and unintended – might be. Continue reading →

Discrimination Justified in Elder Advocates of Alberta Society Class Action

By: Jonnette Watson Hamilton and Jennifer Koshan

PDF Version: Discrimination Justified in Elder Advocates of Alberta Society Class Action

Case Commented On: Elder Advocates of Alberta Society v Alberta, 2019 ABCA 342 (Can LII)

The Alberta Court of Appeal has dismissed the appeal of the Elder Advocates of Alberta Society from the January 2018 judgment of Justice June Ross, which had dismissed their class-action challenging accommodation fees charged to long-term care residents by the province. Accommodation fees cover expenses such as meals, housekeeping, and building maintenance, and currently range from $55.90 per day for a standard shared room to $68.00 per day for a private room. The essence of the class action claim was that long-term care residents are subsidizing their health care costs, something no other users of the Alberta health care system are required to do. Continue reading →

Time for Buy-Back: Supreme Court Set to Hear Important Adverse Effects Discrimination Case

By: Jennifer Koshan and Jonnette Watson Hamilton

PDF Version: Time for Buy Back: Supreme Court Set to Hear Important Adverse Effects Discrimination Case

Case Commented On: Fraser v Canada (Attorney General), 2018 FCA 223 (CanLII), leave to appeal granted, 2019 CanLII 42345 (SCC)

In December, the Supreme Court of Canada will hear an appeal in an equality rights challenge under section 15(1) of the Canadian Charter of Rights and Freedoms. Several female members of the Royal Canadian Mounted Police argue that their employer’s pension rules – which denied pension buy-back rights to those who were job-sharing – discriminated against them based on their sex and family or parental status. The case is a classic example of adverse effects discrimination, involving a claim that a law or policy that is neutral on its face has an adverse impact on the basis of grounds protected under section 15(1). In this post we will review the Federal Court and Federal Court of Appeal decisions rejecting the women’s claim to set the stage for the upcoming appeal at the Supreme Court. Continue reading →