Jennifer Koshan
@JenniferKoshan
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Law Prof @UCalgaryLaw , Research Excellence Chair @UCalgary , Blogger @ABlawg . She/her. Feminist. All opinions are my own. @jenniferkoshan .bsky.social
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I went Karen this afternoon. YYC Kensington Safeway had at least 6 shoppers not wearing masks. The manager said there was nothing they could do. What is the point of a rule if it's not enforced?
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I came of age at the time of the Ecole Polytechnic massacre in 1989, becoming a lawyer four days later. It shaped my career choices, and I despair at the fact that although I'm nearing retirement, we still face this type of gender-based violence. Enough!
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Yup, I'm a law prof. Happy to remind folks that the Charter is the supreme law of Canada and laws on "trespass" - and their enforcement - must comply with the Charter. Read our blog post for more on the applicable legal frameworks.
@JenniferKoshan
@UCalgary
Trespassing, occupation - both are law breaking.
Are you really a law prof?
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Signed. Our letter has gone to
@ABDanielleSmith
and will be released on
@ABlawg
this morning at 10 am. As legal experts we believe the restrictions on trans youth are unconstitutional. As humans we believe they are unconscionable.
Thirty-six of us at the University of Alberta and University of Calgary Faculties of Law are calling on the Alberta Government to reconsider its proposed restrictions on education, healthcare and sports for transgender youth.
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"Albertans are about to be subject to the surreal experience of voting on a question that seeks to end equalization...at the same moment intensive-care unit staff from the Canadian Armed Forces, Newfoundland and Labrador, and the Red Cross are here..."
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To add to the list of
#UCP
injustices and gaffes, Alberta did not participate in this week's Federal-Provincial-Territorial Human Rights Ministers meeting because it claims it is not bound by international human rights law.
#HumanRights
#abpoli
#ableg
FPT meeting of Human Rights Ministers held virtually November 9-10. Quebec did not participate because it objected to the use of the term ‘systemic discrimination’ and Alberta did not participate because it says it is not bound by international human rights obligations!!
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Some exciting news for the new academic year. I'll be sitting in a
@UCalgary
Research Excellence Chair, focusing on family and gender-based violence research. Very grateful for this opportunity and honoured to be part of this stellar group of scholars!
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And even if there is debate about whether the Charter applies to universities, it clearly applies to police action, which appears to have been vastly disproportionate. But still. Why were the police called in to take down a peaceful protest,
@UCalgary
?
Disgusted by the violent suppression of peaceful protest on the
@UCalgary
campus. This in a province where the Court of Appeal has found that universities are bound to comply with the Charter of Rights and Freedoms: . Seriously WTF
@UCalgary
@CalgaryPolice
?
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This angle is scary: "anti-abortion group Campaign Life Coalition ... circulated a “voters guide” to the resolutions and had urged its membership to vote down the one on the environment, saying “global warning alarmism” was being used to justify population control and abortion."
Conservative Party members vote down resolution to enshrine reality of climate change
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Calgary Herald headline: 'We have a right to be outraged,' said Energy Minister Sonya Savage of the scale of foreign funds aimed at damaging the oil and gas industry. No, *we* (the people of this province) have a right to be outraged at the
#UCP
for this inquiry debacle.
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Compassion? This is the worse kind of gaslighting. The UCP's announcement pretends to respect the rights of trans and gender diverse children and youth when it does the exact opposite. This constitutes state-sanctioned violence:
This is worth watching. It’s communicated well and with compassion. However, it goes even further than the New Brunswick rules with zero prior consultation. In particular, it means even abusive parents must be told, and Child Protective Services will get the involved later. 🧵
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Today is my birthday and I got 2 precious gifts: flowers from my kids, one of whom I haven't seen in person since Covid, and a vaccine appointment for my 85+ year old parents (courtesy of my sister who spent ALL DAY on the task).
#covidbirthday
#keeptrying
#vaccinegames
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@JestDempsey
Our Baba served pyrohy (as we called them in Ukrainian ON) boiled and served with onions fried in butter. Best ones were kapusta (sauerkraut) filling. I still remember asking her to teach me how to make them, and she said "You're not ready." She lived to 90 and I was never ready.
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Anyone else laugh-crying at the suggestion that "biased left-wingers" have ever dominated the Supreme Court of Canada? Or maybe just crying?
The judge Canada lost: Russell Brown’s was celebrated on the right for taking back the
#scc
from biased left-wingers /via
@globeandmail
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Kenney's response that the Charter protects anti-mask protestors, in the face of passing
#Bill1
's ban on protests on "critical infrastructure", is inconsistent and ideological. For my analysis of
#Bill1
with
@JWatsonHamilton
and
@Ideablawg
see
@ABlawg
:
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I have close family members who are Jewish and have struggled to balance the personal and political in speaking about the war in Gaza. But when peaceful protestors
@UCalgary
and
@UAlberta
were subject to violent responses, I could no longer remain silent. Please read our letter.
New Post: An Open Letter Regarding the Response to Recent Protests at the Universities of Alberta and Calgary
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In addition to Municipal Election Day it's Persons Day, and a good time to remember that it took longer for governments and courts to recognize the democratic rights of some racialized and Indigenous people. Have a good democratic day Alberta, and let's not take this for granted.
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"I'll tell you what freedom is to me: no fear" - Nina Simone. Contrary to what you may have heard in the
#UCPDebate
, true freedom for all requires equality and social justice.
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Today on campus
@UCalgary
. Profs form a circle of support and love around students demanding change.
#Challengesomething
.
#Booksnotbombs
.
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I double dog dare anyone to tell me that women are equal, that courses like feminist legal theory are passé, or that intersectionality is not critically important for all law students to learn about.
#ableg
Of course the UCP would further minimize Status of Women.
They’ve continually attacked women-dominated professions.
They ignored women in their budget and their economic recovery plan.
Jason Kenney has sent a loud message to Alberta’s women.
And trust me, we’re listening.
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"If there was credible evidence of threats to safety, the universities could have used civil process, with procedural safeguards, and sought injunctive relief, as McGill did, affording the students their day in court to advance Charter rights and to test the universities’ claims"
Highly respected former Alberta Court of Appeal justice slams
@UAlberta
and
@edmontonpolice
.
#humanrights
via
@edmontonjournal
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Finally, confirmation from the CMOH that schools can do more than the government minimum to protect against Covid. This should be seen to include AB universities.
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No public statement or calls to action yet from
@UCalgary
Faculty Association. Counting on my union to speak up on behalf of the protestors.
Each of the unions at the University of Alberta have now requested an emergency meeting with Bill Flanagan regarding his handling of May 11th and his decision to call the police on members of the university community. This includes both of the student unions, AASUA and NASA.
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May the first ski of the year never cease to delight.
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Good morning to equality rights: "claims based on s. 15 are not secondary issues only to be reached after all other issues are considered. The Charter should not be treated as if it establishes a hierarchy of rights in which s. 15 occupies a lower tier." (2023 SCC 17, para 180)
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Feels like a dream, but this is home for the next 4 weeks. Many sociolegal scholars will recognize Oñati, where I am a visitor at
@IISJOnati
this month. So grateful for the opportunity to read, think and write in this magical place.
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Finally had a chance to read
@scc_eng
decision in R v Stairs. In the context of intimate partner violence, I prefer the dissent’s recognition that overbroad police search powers can deter victims from reporting IPV. Important to note the victim in this case was arrested herself.
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Dear Jamie Sarkonak: Please understand that in Canada, we have this thing called substantive equality. In fact, it is guaranteed under our Charter, and it encompasses merit. via
@nationalpost
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Good luck to all law students starting summer jobs today. Can't believe it was 35 years ago that I started a dream job with the
@UCalgaryLaw
Student Legal Assistance summer clinic in Banff (and of course it snowed). Hope your jobs are the stuff of dreams, even in these odd times.
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I’m in Toronto at a conference so just catching up on the encampment
@UCalgary
. What’s the justification for citing the protestors with “trespass”within the first few hours of peaceful expression?
The protest camp at the University of Calgary has been removed. Full details available here:
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"Alberta has the largest amount of unallocated COVID-19 funds, worth $1.8 billion." Let's not forget this figure when referendum time rolls around in October.
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What strikes me most from the press conference that just concluded? Premier Smith kept reiterating children's right to have their choices preserved, but she did not present a shred of evidence that those choices are under threat in health care or schools right now.
Compassion? This is the worse kind of gaslighting. The UCP's announcement pretends to respect the rights of trans and gender diverse children and youth when it does the exact opposite. This constitutes state-sanctioned violence:
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“The arc of history is long but it bends toward justice. It only bends that way if we are the ones who do the work.” Huge respect for
@SPhillipsAB
in the face of injustice.
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On new
@SCC_eng
Justice Mary Moreau: a terrific appointment indeed. Also, language rights! One of the best examples of positive rights under the Charter, which will hopefully inform approaches to equality rights under s 15.
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From yesterday’s UCalgary Faculty Association (TUCFA) newsletter: it has filed FOI applications to access video and other records regarding the actions of
@UCalgary
and
@CalgaryPolice
at the May 9 encampment. It also expects a third-party review to be called by the U.
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The Saskatchewan government's proposal to invoke the notwithstanding clause will enable family violence and thus amounts to institutionalized violence against trans youth. Best interests of the child my a**.
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Field trip with some students this morning to watch an ABCA hearing involving religious discrimination, the duty to accommodate, and Charter values.
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This is not my university.
And this is how it ends.
The use of violence against peacefully protesting students and faculty is morally reprehensible.
Shame on you
@UCalgary
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Was Wordle really hard today or is it the day after my 60th birthday?
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"The UCP’s erection of a stiff prairie finger at carbon-free energy – along with the money it prints – reveals a remarkable tolerance for self-inflicted injury that impressively blends Zen Buddhism with Trumpism, like philosophical dilbit."
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Came to my last class prepared to answer student Qs about their final assignment, but thrilled that we ended up talking about how to build a human rights law practice. Thanks
@UCalgaryLaw
547 students for a great term (even online)!
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If I read “basic tenants of the legal system” on one more constitutional law exam, I think I’ll volunteer to teach property law.
@UCalgaryLaw
@LawDeanHolloway
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Stoked to have my work on myths and stereotypes about IPV cited by the British Columbia Court of Appeal. The myth that false allegations of IPV are made to gain an upper hand in family law disputes is all too pervasive.
Also noteworthy that Professor
@JenniferKoshan
was referenced in the Appeal decision at para 110 for her published work: “Challenging Myths and Stereotypes in Domestic Violence Cases” (2023) 35:1 Can J of Fam L 33X.
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Constitutional law decision of the week: Black v Alberta, 2023 ABKB 123, a huge win for
@avnishnanda
and Ophelia Black, who obtained an injunction suspending Alberta’s new restrictions on access to opioid addiction treatment.
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I signed this letter because it should not be up to individual profs to ask for accommodation in an environment of systemic health and safety concerns. Very disappointed in the response of
@UCalgary
.
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Came to Toronto to talk about equality and am leaving with a renewed sense of hope.
@blberger
@emilykiddwhite
and
@sonialawprof
amassed a fabulous group of people who care about making meaning of the constitution. Thanks for bringing us together!
#ozconcases
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I would also like to see the legal opinion that says the current approach of Alberta universities - please mask and pretty please vaccinate - is in line with their occupational health and safety obligations.
Indeed. Show us the legal opinion. And, while you are at it, show us the evidence for eliminating testing, tracing, and isolating.
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This term I was privileged to teach gender-based violence and the law for the first time. We explored GBV broadly, including interpersonal, institutional & systemic violence, the many ways law responds (or fails to), and the intersecting oppressions embedded here.
@LawDeanHolloway
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Happy to announce that an updated version of our eBook, "Domestic Violence and Access to Justice: A Mapping of Relevant Laws, Policies and Justice System Components Across Canada", went live yesterday on
@CanLII
. It's current to 1 August 2021.
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I stand with our Muslim students
@UCalgaryLaw
and commit to working against Islamophobia, discrimination and hate.
#GreenSquareCampaign
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@Comfort_Lawyer
@JohnHaleCrimLaw
@algonquindave
It is infuriating that so little has changed in the 30 years since I was a Crown in the NWT. Community input in the process was just beginning then, but much depended on individual legal system actors and their discretion. Not a "justice" system for Indigenous people at all.
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Should the government amend the Alberta Human Rights Act to add vaccination status as a protected ground?
@JWatsonHamilton
and I canvass the legal arguments and our conclusion is a definite "no."
#AbLeg
New post: Grounding the Alberta Human Rights Act and the Proposal to Protect Vaccination Status
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I'm not crying, you're crying. Massive congrats
@kbrooks_taxlaw
and
@DalhousieU
on this fabulous appointment.
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AB is supposed to have an action plan on gender based violence. Having specialist family judges assigned to cases involving domestic violence is so important, as is not requiring multiple court actions. Shame!
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Yes! Leave to appeal granted in Ahluwalia v. Ahluwalia, 2023 ONCA 476. Encouraged that
@SCC_eng
will hear an appeal from the ONCA decision not to recognize the tort of family violence.
Eagerly awaiting tomorrow's leave decision from
@SCC_eng
on whether it will hear arguments that the tort of family violence should be recognized. For analysis of the ONCA decision in Ahluwalia, see my
@ABlawg
post with
@DeanneSowter
:
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Wonderful news. Alice (as she then was) is sorely missed over here
@UCalgaryLaw
.
#ABQB
Justice Alice Woolley was presented with a Canadian Association of Legal Ethics Lifetime Achievement Award on Friday. The annual award recognizes "sustained accomplishments in the field of legal ethics and professionalism." Congratulations!
@ACWoolleyYYC
#albertacourts
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"Well placed outrage is a renewable source of energy" - the fabulous Justice Sheilah Martin speaking about the incomparable Joe Arvay at
#ozconcases
.
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Class prep always takes more time with a new edition, but then one gets to re-highlight gems like “equality graveyards or vineyards” and “equality with a vengeance.”
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A most unfortunate adoption of the
@UCalgary
model for engaging with student encampments. As noted by
@AlexNeve24
, police "aren't the university's private security detail." The trespass and private property approach to student protests on public university campuses must stop.
A whole load of answers needed from both
@YorkUniversity
leadership and
@TorontoPolice
.
Yesterday a Palestinian solidarity encampment was established on the York campus. The university promptly issued a statement saying that encampments are unauthorized trespass and "are not
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@JenniferKoshan
very cool to see you and your research cited again, this time in R v Kruk, 2024 SCC 7! It feels like yesterday you were teaching us to write our own feminist judgments.
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If I am elected Prime Minister I will ban Mondays and apostrophes.
As a Candidate for Prime Minister of Canada, I promise that if elected I will make Monday's great again.
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How can and why must judges and lawyers avoid myths and stereotypes in domestic violence cases? Read my new paper, forthcoming in
@CanJFamL
, at . And thanks to
@SSHRC_CRSH
for funding.
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Pedley Pass, Western Slopes of the Rockies. These golden beauties never disappoint.
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So much to say about Sharma, but I'll start with para 34 from the majority decision: "Academics have criticized the current [s 15] framework from various perspectives, the common thread being that it is unclear and, thus, leads to inconsistent application."
The Supreme Court rules that banning conditional sentences for certain offences is constitutional. Read our plain-language summary here:
#Charter
#criminallaw
#sentencing
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Wow. I step in to support a journalist against an accusation of bias and am accused of being part of a "progressive monoculture." Proud to be part of
@UCalgaryLaw
and the actual diversity of perspectives on many issues here. Who's with me?
@JenniferKoshan
@CBCSamSamson
The fact that you think this is “hardly biased” says a lot about the progressive monoculture you’ve got
@UCalgaryLaw
check this out for some empirics on CBC “reporting”:
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Since all the
#GenX
folks are posting their AZ jabs, I'm posting mine too. I'm a *very* tail end boomer and GenX wannabe. It was only last week so please don't hate me too much!
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The Great Divide between reading week and the rest of term.
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The public health order says there is an exception re: wearing masks at work "when working alone in an office or a safely distanced cubicle or a barrier is in place." Dr Hinshaw seems to have glossed over that and said distance enough is OK. Am I missing something?
#ableg
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I understand that trespass laws are subject to the Charter, the supreme law of Canada.
@JenniferKoshan
@UCalgary
@UAlberta
They were peaceful until they refused lawful demands to vacate the forum. Trespass isn’t complicated. I would expect a law prof to understand.
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We had a wonderful time today celebrating the brilliant career of
@JWatsonHamilton
. Everyone should be so fortunate to have a colleague who is this generous, insightful, and fun to work with, even on difficult issues. Jonnette is simply the best.
[ARTICLE] Lifelong learner
@JWatsonHamilton
retires after successful 30-year teaching career:
@LawDeanHolloway
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Great to see colleague Lisa Silver,
@Ideablawg
, cited by
@SCC_eng
in Brown and Sullivan/Chan, by way of an
@ABlawg
post. It will never cease to make me happy to see
@SCC_eng
citing blog posts. Other courts please take note!
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Thanks so much
@UCalgaryLaw
Feminist Legal Theory Students for an incredible semester. We laughed, we cried (okay I cried), and I am so grateful for the challenging and respectful conversations we had all term. I feel hopeful about the practice of law today.
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A terrific article on our new colleague
@UCalgaryLaw
, Stephanie Chipeur. She is doing some much-needed research on disability benefits, which embed inequalities in all sorts of ways. And it's wonderful to finally have a course on Disability and the Law.
[ARTICLE] New course examines how Canadian law and public policy impact lives of people with disabilities:
@LawDeanHolloway
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TUCFA - our union
@UCalgary
- released a statement today supporting our Student Union's call for an independent review of the events of May 9. Watch for an upcoming
@ABlawg
post with
@JWatsonHamilton
on this topic.
From yesterday’s UCalgary Faculty Association (TUCFA) newsletter: it has filed FOI applications to access video and other records regarding the actions of
@UCalgary
and
@CalgaryPolice
at the May 9 encampment. It also expects a third-party review to be called by the U.
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Hands up for academic bloggers! This is real work and needs to be counted.
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I'm honoured to be appearing before
#JUST
this morning to speak to Bill C-332. I will be arguing that criminalization of coercive control requires great caution and further study. See our brief here:
Today @ 11am in
@HoCCommittees
-
#JUST
meets re: Bill C-332, An Act to amend the Criminal Code (controlling or coercive conduct).
Witnesses:
@LukesPlace1
,
@RMFVVC
,
@CAEFS_ACSEF
,
@HumaneCanada
, Currents Counselling, and
@UCalgaryLaw
/
@UCalgary
Prof.
@JenniferKoshan
.
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For some analysis of the "trespass" basis for interfering with protests see this post with
@JWatsonHamilton
et al. Our analysis focuses on the Critical Infrastructure Defence Act and not university space, but many of the Charter arguments are similar.
And even if there is debate about whether the Charter applies to universities, it clearly applies to police action, which appears to have been vastly disproportionate. But still. Why were the police called in to take down a peaceful protest,
@UCalgary
?
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How name and pronoun policies enable family violence against gender diverse youth, and should therefore be found unconstitutional (even if the notwithstanding clause is used).
New Post: Gender-Affirming Names and Pronouns, Parental Control, and Family Violence
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Great to have the final version of this article on
#COVID19
and
#domesticviolence
published. Thanks to
@OHLJ
for fast tracking this special issue, so pleased to be part of it.
Professors Jennifer Koshan, Janet Mosher, and Wanda Wiegers assess the extent to which Canada’s responses to the
#COVID19
pandemic have prioritized the safety of women & children, for our special issue now available:
@UCalgaryLaw
@OsgoodeNews
@UsaskLaw
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In this post
@JWatsonHamilton
and I dispel the idea that trespass laws alone are a sufficient basis for forcibly responding to campus encampments. TLDR: The Charter applies
@UCalgary
and "private property" is not an answer – evidence-based justification is required.
New Post: Encampments on Campus: Trespass, Universities, and the Charter
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This morning Wordle sent me to an ad for the Alberta Pension Plan. What's a 5 letter word for F*ckoff?
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Today is convocation day
@UCalgaryLaw
. Congrats to the graduating 3Ls, you are an amazing bunch! A special shout out to outgoing Society of Law Students president
@DalalSouraya
, who has been your courageous leader. Thanks for all you've done to make our law school better Dalal!
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Really wish I was teaching constitutional law this term. Maybe I could take it on extra veres?
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Kudos to colleagues
@Lorian_H
and
@FlukerShaun
for burning the midnight oil to blog on yesterday's ABKB decision on CMOH vs government pandemic powers. Now confirmed that they were right all along that the government was usurping CMOH powers.
New post: Confirmed in Law: The Decision-Maker for COVID-19 Public Health Orders in Alberta is the Chief Medical
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Happy to announce that the third edition of our ebook on domestic violence laws in Canada is now available, updated to July 1, 2022. Many thanks to
@CanLII
for providing this open access platform and to
@SSHRC_CRSH
and
@LawFoundationOn
for funding.
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@GenXtremist
@spiderzjay
This particular store is inner city and has a security guard at the front door. They seem to have no trouble enforcing their own rules on who belongs in the store. I would venture to guess those exclusions are a lot more problematic from an equality/social justice perspective.
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Envy may be a sin for some, but law school envy is real! Congrats to
@JoshuaSealy
,
@KristenThomasen
,
@danieldelgobbo
,
@DanEricRohde
and Ali Hammoudi, not to mention
@WindsorLaw
and its lucky students.
Five New Scholars Set to Advance Bold, Justice-Seeking, Community-Engaged and People-Centred Research and Teaching at Windsor Law
We welcome Kristen Thomasen, Ali Hammoudi, Daniel Del-Gobbo, Joshua Sealy-Harrington, & Daniel Rohde!
Read more⤵️
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On the eve of a “parental rights” policy being introduced in Alberta, this development in Saskatchewan is most alarming.
The Saskatchewan Human Rights Commission called out Scott Moe’s unconstitutional, discriminatory, intolerant, hateful, harmful, transphobic legislation for what it is and he fired their asses.
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Restricting reproductive freedoms is a form of gender-based violence. Active violence at the hands of state actors, not just a failure to protect or a failure to allow choice. Let's call it what it is.
Statement from President Joe Biden on the leaked draft SCOTUS decision to overturn Roe v Wade
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My Feminist Legal Theory class had the most awesome visitors this week from
@NAWL_ANFD
and
@LEAFNational
to hear about feminist litigation and law reform. So grateful to
@TiffanyJButler
@SZaccour
@jroselkim
@KatOwens16
for sharing their time and insights!
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I am honoured to sit on the board of the Alberta Law Reform Institute, which has been instrumental in changing the law for the better in this province.
On this day in 1967, the Alberta Law Reform Institute was created by agreement with the Province of Alberta, the Law Society of Alberta and the University of Alberta. 1/2
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3
8
1
0
42