CLEBC - Courses On Demand

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 Seto — Director of Programs, CLEBC, Vancouver
Alison M. Latimer, KC — Barrister & Solicitor, Vancouver
Elena F. Miller — BC Labour Relations Board, Vancouver

Opening Address (9:10 – 9:55)

The Honourable Mr. Justice Malcolm Rowe — Supreme 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 Daly — University 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. Harlingten — Lovett 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, KC — Special 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 Thackeray — BC Human Rights Tribunal, Vancouver
Lauren Witten — Legal 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. Wolfe — Legal Counsel, Ministry of Attorney General, Victoria

Closing Remarks (3:55 – 4:00)

Alison M. Latimer, KC — Barrister & Solicitor, Vancouver
Elena F. Miller — BC Labour Relations Board, Vancouver