Administrative Law Conference 2014


Course Date: October 30, 2014

Total: 1h 26min

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 Madam Justice Rosalie Silberman Abella — Supreme Court of Canada, Ottawa

Year in Review: Recent Developments in Administrative Law

  • standards of review: the ongoing saga
  • procedural fairness: the right to notice and other aspects of the duty to be fair
  • the availability of habeas corpus
  • the ability of administrative tribunals to deal with constitutional issues
  • challenging the validity of regulations
  • multiple forums

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

Karrie A. Wolfe — Ministry of Justice, Victoria

Tribunal Standing on Judicial Review

  • the pros and cons of tribunal standing on judicial review
  • the current scope of tribunal standing in BC
  • proposals for a different approach
  • costs against tribunals

Joseph J.M. Arvay, QC — Farris, Vaughan, Wills & Murphy LLP, Vancouver

Networking Lunch

BC's Civil Resolution Tribunal

  • where we began: access to justice in a changing world
  • where we are now: the CRT’s jurisdiction, structure, and approach
  • what the future will look like: evolving process while preserving principle

Shannon Salter — Chair, Civil Resolution Tribunal

Tribunal Independence and the Role of Elected Officials

  • implications of recent COI Commissioner Opinion
  • tribunal independence vs. conflict of interest
  • revisiting line drawing

Mark G. Underhill — Underhill, Boies Parker, Vancouver

View From the Bench

The Honourable John M. Evans — Toronto
The Honourable Madam Justice Barbara Fisher — Supreme Court of BC, Vancouver

Networking Break

Debate

WHEREAS:

 

 

 

    1. Canadian administrative law has developed separate frameworks for the review of procedural fairness and substantive reasonableness in administrative decision-making.
    2. A more unified approach to the review of procedural and substantive administrative decision-making would reduce the law’s current tendency to rely on formalism and arbitrary distinctions.
    3. Such an approach should be animated by principles that lend themselves equally to the review of procedure and of substance.

BE IT RESOLVED that Canadian judicial review of administrative decision-making be realigned by articulating a principled and unified approach grounded in the fundamental norm of proportionality.

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

Arguing in Favor of the Resolution
Joseph J.M. Arvay, QC — Farris, Vaughan, Wills & Murphy LLP, Vancouver
Lindsay M. Lyster — Moore Edgar Lyster, Vancouver

Arguing Against the Resolution
The Honourable John M. Evans — Toronto
Caroline Berkey — Chair, WCAT, Richmond

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