Administrative Law Conference 2023

Course Date: November 23, 2023

Full Course Materials
Total: 5h 8min
Total Ethics: 1h
Course Introduction, Land Acknowledgement, and Welcome (9:00 – 9:10)
Rob SetoDirector of Programs, CLEBC, Vancouver
Alison M. Latimer, KCBarrister & Solicitor, Vancouver
Elena F. MillerBC Labour Relations Board, Vancouver
Opening Address (9:10 – 9:55)
The Honourable Mr. Justice Malcolm RoweSupreme Court of Canada, Ottawa
Year in Review: Administrative Law in the Supreme Court of Canada (9:55 – 11:00)
  • standard of review on statutory interpretation: Mason v. Canada
  • Charter values in administrative decision-making: AB v. Northwest Territories
  • AI-assisted decision-making, Chat GPT and other contemporary challenges
  • constitutional questions and remedies in administrative tribunals: Societe des Casinos
  • cabinet decision-making: emergency powers, regulations, cabinet confidence, and the duty of candour
  • the boundaries of correctness review for concurrent jurisdiction
Paul DalyUniversity Research Chair in Administrative Law & Governance, University of Ottawa, Ottawa
BREAK (11:00 – 11:15)
Year in Review: BC Case Law (11:15 – 12:20)
  • recent developments of interest in BC administrative law 
  • as applicable, recent Supreme Court of Canada decisions from the perspective of their implications for BC administrative law
  • topics will include recent trends in remedial relief and the court's exercise of discretion, the proper form and forum for judicial review or statutory appeal, and updates on last year's cases
Kaitlyn Chewka — Lovett Westmacott, Victoria
Alandra K. HarlingtenLovett Westmacott, Victoria
LUNCH (12:20 – 1:20)
Administrative Tribunals in the Age of UNDRIP: A Talk in Honour of Thomas Berger (1:20 – 2:05)
  • honouring the late Hon. Thomas Berger and his work on the McKenzie Valley Pipeline Inquiry
  • thoughts and reflections on the important role of administrative tribunals in implementing UNDRIP, including how they need to shift and modify existing approaches
Douglas S. White, KCSpecial Counsel to the Premier on Indigenous Reconciliation, Premier's Office, Victoria
Litigating in Parallel Universes: A Primer for the Administrative Lawyer (2:05 – 2:50)
  • brief background discussion of when parallel proceedings may arise
  • overview of key substantive and procedural issues
  • discussion of public policy implications and considerations, including access to justice and the efficient use of limited resources
  • identification of strategic considerations for counsel and practice tips
Joana ThackerayBC Human Rights Tribunal, Vancouver
Lauren WittenLegal Counsel, Ministry of Attorney General, Vancouver
BREAK (2:50 – 3:05)
The Scope of Judicial Review where a Limited Appeal Exists: Should it be Restricted to Exceptional Cases? (3:05 – 3:55)
  • Vavilov's limited guidance on the issue
  • judicial treatment of the issue to date: examples from BC and other jurisdictions
  • the Yatar appeal (from the ONCA) before the Supreme Court of Canada
  • legal and practical implications of restricting judicial review to exceptional cases where there is a limited appeal
Karrie A. WolfeLegal Counsel, Ministry of Attorney General, Victoria
Closing Remarks (3:55 – 4:00)
Alison M. Latimer, KCBarrister & Solicitor, Vancouver
Elena F. MillerBC Labour Relations Board, Vancouver