CLEBC - Courses On Demand

Welcome and Land Acknowledgement (9:00 – 9:20)

Nadia Myerthall — Program Lawyer, CLEBC, Vancouver
Alec Guerin — Musqueam Knowledge Keeper, Musqueam Indian Band, Vancouver

Justice Alison M. Latimer — Supreme Court of BC, Vancouver
Kaitlyn Chewka — Lovett Westmacott, Victoria

Democratic Ideals and Judicial Review After Vavilov (9:20 – 10:00)

constitutional dimensions of judicial review
checks and balances in the Canadian governmental context
rule of law and limits on deference
judicial supervision of the exercise of executive power after Vavilov and Auer

Justice Harvey M. Groberman — BC Court of Appeal, Vancouver

Year in Review: Administrative Law in the Supreme Court of Canada (10:00 – 11:05)

the role of the courts in applying regulatory statutes to new contexts
changes in the procedural law of judicial review since Vavilov (e.g., the record, standing)
judicial review of political decisions: prorogation, the Emergencies Act and cabinet-level regulations
constitutional issues: the standard of review and the constitutional foundations of judicial review

Paul Daly — University Research Chair in Administrative Law & Governance, University of Ottawa, Ottawa

BREAK (11:05 – 11:20)

Year in Review: BC Case Law (11:20 – 12:25)

recent developments of interest in BC administrative law
the interpretation and application of recent Supreme Court of Canada decisions of interest by BC courts
topics will include a range of issues, such as Charter values, bias and fettering allegations, preliminary matters, and costs against decision-makers

Kaitlyn Chewka — Lovett Westmacott, Victoria

Alandra K. Harlingten — Lovett Westmacott, Victoria

NETWORKING LUNCH (provided to in-person registrants) (12:25 – 1:25)

Procedural Fairness Refresher (1:25 – 2:10)

what is meant by the right to be heard—practical considerations/recent examples
what is meant by the right to know the case against you—practical considerations/recent examples
how are tribunals supposed to navigate this with self-represented individuals? how do they walk the line of being an impartial adjudicator while also complying with a duty to assist?
does the use of AI in decision-making breach procedural fairness rights? can it? how to protect against this?

Zara Rahman — Civil Resolution Tribunal, Victoria
Karen L. Snowshoe, KC — Snowshoe Law, Vancouver

The Record on Judicial Review (2:10 – 2:55)

the importance of maintaining the record before the tribunal while the decision-making process is unfolding—practical tips about how to do that and why we should be ensuring clients do it
what is the difference between asking the court to order a tribunal to file the record under s. 17 of the JRPA, and an order for the production of new evidence extrinsic to the record?
when is it appropriate to bring an application for new evidence?
where the judicial review is of a cabinet regulation, how are cabinet records dealt with (see: Mink Breeders)?
when is a background affidavit appropriate?
what should not be included in the record?

Trevor Bant — Legal Services Branch, Ministry of Attorney General, Victoria
Kate R. Phipps — Arvay Finlay LLP, Vancouver

BREAK (2:55 – 3:10)

Judicial Review in the Absence of Reasons (3:10 – 3:55)

brief summary of recent SCC jurisprudence re: reasonableness review remaining available despite the absence of reasons
identifying BC decision-makers that may more commonly issue decisions without reasons
summary of recent BC cases where courts have addressed reasonableness review in the absence of reasons
- what is the approach in practice to common issues raised on JR and what are some of the challenges (e.g., statutory interpretation)
practical tips for counsel
- for those who represent decision-makers (before they issue their decisions)
- for those who represent petitioners/respondents on judicial review (including what questions the court may have on such applications)