Charter Conference
Course Date: May 30, 2002
Course Date: May 30, 2002
Welcome and Introduction
Frank A.V. Falzon, QC — Frank A.V. Falzon Law Corporation, Victoria
Angus M. Gunn, Jr. — Borden Ladner Gervais LLP, Vancouver
Opening Address
The Honourable Madam Justice Marie Deschamps — Supreme Court of Canada, Ottawa
Year in Review: Recent Developments in Administrative Law
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standards of review: the continued aftermath of the Dunsmuir and Khosa decisions
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the duty to be fair: ever evolving
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professional discipline: some interesting cases
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standing
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a miscellany of other developments
David Phillip Jones, QC — de Villars Jones, Edmonton
Break
Year in Review (cont'd): Q & A and Discussion
David Phillip Jones, QC — de Villars Jones, Edmonton
Year in Review: British Columbia Case Law
- recent developments of interest in BC jurisprudence
Ryan D.W. Dalziel — Bull, Housser & Tupper LLP, Vancouver
Networking Lunch
Constitutional and Charter Issues in Administrative Law Selected Topics
- competency to hear and decide constitutional questions and grant Charter remedies: merger of the three discrete universes (R. v. Conway)
- matters within the authority of Parliament, the Legislatures and government: how far does the long arm of the Charter reach (Sagen v. VANOC)?
- administrative search and seizure: when does safety trump privacy (Arkinstall v. City of Surrey)?
- person charged with an offence: crossing the line from administrative penalty to true penal consequences
- express exclusion of Charter competency for administrative tribunals: an idea whose time has come?
George H. Copley, QC — Ministry of Attorney General, Victoria
Cutting Edge Issues in Judicial Review in the Federal Court
- can a party circumvent the Federal Court’s exclusive jurisdiction by framing its claim in tort or contract to seek damages?
- is a person over 75 years of age precluded from acting as a deputy judge of the Federal Court?
- reliance on evidence in a judicial review application
Jennifer Chow — Department of Justice Canada, Vancouver
Break
Administrative Tribunals Act (ATA) Update
- update on ATA case law
- how has the Dunsmuir decision affected how the ATA is interpreted and applied?
- are legislated standards of review viable in a common law world
Robin M. Junger — Deputy Minister, Energy, Mines and Petroleum Resources, Victoria
The Role of Tribunal Counsel
- prior to hearing
- drafting reasons
- judicial review
The Honourable Mr. Justice Peter Leask — Supreme Court of British Columbia, Vancouver
Katherine A. Hardie — BC Human Rights Tribunal, Vancouver
John J.L. Hunter, QC — Hunter Litigation Chambers, Vancouver
Elena F. Miller — Labour Relations Board of BC, Vancouver
Closing Remarks and Wrap Up
Frank A.V. Falzon, QC — Frank A.V. Falzon Law Corporation, Victoria
Angus M. Gunn, Jr. — Borden Ladner Gervais LLP, Vancouver
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