CLE Online

Welcome and Introduction

Frank A.V. Falzon, QC — Frank A.V. Falzon Law Corporation, Victoria
Angus M. Gunn, QC — Borden Ladner Gervais LLP, Vancouver

Opening Address

The Honourable Mr. Justice Marshall Rothstein — Supreme Court of Canada, Ottawa

The Year in Review: Recent Developments in Administrative Law

• standards of review
• reasons
• issue estoppel and multiple forums
• procedural fairness
• protecting solicitor-client privilege in the administrative process
• standing
• costs

David Phillip Jones, QC — de Villars Jones, Edmonton

Networking Break

Year in Review: British Columbia Case Law

• recent developments of interest in BC jurisprudence, including the ATA

Maureen E. Baird, QC — Lunny Atmore LLP, Vancouver
Karrie A. Wolfe — Ministry of Justice, Victoria

Applying Charter Values in the Administrative Justice Sphere Post-Dore

• the challenges and practical realities of integrating Charter values into the exercise of discretion and application/interpretation of statutes, particularly by adjudicative and regulatory bodies
• the scope of those Charter values and the methods by which those values can and should be balanced against legislative objectives
• challenges in dealing with self-represented litigants and decision-makers who may or may not have legal training
• should agencies, boards, and tribunals adopt court-based Charter practice or develop their own distinct approach?
• how can transparency, consistency, and coherence be assured in the development of Charter values in the administrative justice sphere?

Lorne Sossin — Dean and Professor, Osgoode Hall Law School, Toronto

Networking Lunch

Ethical Issues Before, During, and After Hearings Before Administrative Tribunals

• Code of Professional Conduct: counsel’s duties to administrative tribunals
• section 28 of the Administrative Tribunals Act and “med/arb”
• recusal of a panel member: when and how?
• counsel/board communications and issues of familiarity
• issues arising with the expiration of members’ terms
• allegations of bias and systemic bias arising from decisions
• restricting lawyer participation before tribunals 
• board intervention: when is it appropriate?

John H. Shevchuk — Lex Pacifica Law Corporation, Vancouver
Cheryl L. Vickers — Chair, Property Assessment Appeal Board, Richmond

Judicial Review: Practice Overview

• a practitioner's guide to judicial review
• when is judicial review available?
• who has standing and who should be named as the respondent?
• practical considerations relating to standard of review
• determining the grounds for judicial review
• have adequate alternative remedies been exhausted? delay? time limits?
• what is the nature of the order sought? remedies? costs?

Leah Greathead — Ministry of Justice, Victoria
David W. Mossop, QC — Community Legal Assistance Society, Vancouver

Networking Break

Debate: "Be it resolved that the legislature repeal ss. 44 and 45 of the Administrative Tribunals Act, which prohibit administrative tribunals from considering constitutional questions."

Moderator:
Frank A.V. Falzon, QC — Frank A.V. Falzon Law Corporation, Victoria

Arguing in Favor of the Resolution:
David Phillip Jones, QC — de Villars Jones, Edmonton
Lorne Sossin — Dean and Professor, Osgoode Hall Law School, Toronto

Arguing Against the Resolution:
Leah Greathead — Ministry of Justice, Victoria
Geoffrey Plant, QC — Heenan Blaikie LLP, Vancouver

Closing Remarks and Wrap-up

Frank A.V. Falzon, QC — Frank A.V. Falzon Law Corporation, Victoria
Angus M. Gunn, QC — Borden Ladner Gervais LLP, Vancouver