Administrative Law Conference 2015


Course Date: November 16, 2015

Welcome and Introduction

Frank A.V. Falzon, QCFrank A.V. Falzon Law Corporation, Victoria
Elena F. MillerBritish Columbia Labour Relations Board, Vancouver

Opening Address

The Right Honourable Beverley McLachlin, PCChief Justice of Canada, Supreme Court of Canada, Ottawa

Year in Review: Recent Developments in Administrative Law

  • procedural fairness—does deference have any role to play?
  • participatory rights—public interest standing before regulatory agencies
  • judicial review of prerogative powers and cabinet decision-making: an emerging field of inquiry?
  • legitimate expectation: a free-standing basis for asserting procedural rights or just one factor in Baker procedural fairness intensity inquiry?
  • Charter values: their role in judicial review of discretionary decision-making
  • the snare and delusion of an all-encompassing approach to deferential reasonableness of review
  • decision maker participation in statutory appeals and judicial review applications—a new paradigm?
  • what count as questions of central importance to the legal system as a whole attracting correctness review?

David J. MullanProfessor Emeritus, Faculty of Law, Queen’s University, Kingston

Networking Break

Year in Review: British Columbia Case Law

  • recent developments of interest in BC administrative law jurisprudence
  • recent legislative amendments of interest, including to the Administrative Tribunals Act and the Civil Resolution Tribunal Act

Elena F. MillerBritish Columbia Labour Relations Board, Vancouver
Karrie A. WolfeMinistry of Justice, Victoria

Statutory Interpretation, Deference, and the Ambiguous Concept of Ambiguity

  • traditional approach to judicial review of statutory interpretation decisions
  • impact of McLean v. British Columbia (Securities Commission), 2013 SCC 67
  • similarity to US law: Chevron USA v. Natural Resources Defense Council Inc. 467 US 837 (1984)
  • understanding “ambiguity”
  • reconciling judicial restraint and the “one clear answer” test

Frank A.V. Falzon, QCFrank A.V. Falzon Law Corporation, Victoria

Networking Lunch

Fundamentals of FIPPA for Administrative Law Practitioners

  • different ways FIPPA is relevant in judicial review and tribunal work
  • structure and operation of FIPPA, including timelines both at the public body and the IPC level
  • key provisions that affect judicial review, including exemptions in s. 3, key exceptions in ss.12-22, and s. 61 of the ATA
  • review of key decisions

Susan E. RossSusan E. Ross Law Corporation, Victoria

Administrative Law Advocacy

  • understanding the nature of persuasion
  • focusing on the controlling idea: the methodology of judicial review, defining the record before the court, and the meaning of reasonableness
  • creating “winning conditions”: drilling into the decision-maker’s reasons and mining the record
  • writing to win
  • exploiting the courtroom dynamic: reacting to the other side, capitalizing on questions, and reading signals from the bench
  • obtaining leave to appeal and leave to intervene
  • managing your client

The Honourable Justice David StratasFederal Court of Appeal, Ottawa

Networking Break

Debate: "Be it resolved that tribunals are entitled to deference on procedural rulings"

ModeratorFrank A.V. Falzon, QCFrank A.V. Falzon Law Corporation, Victoria

Arguing in Favor of the Resolution

Elena F. MillerBritish Columbia Labour Relations Board, Vancouver
David J. MullanProfessor Emeritus, Faculty of Law, Queen’s University, Kingston

Arguing Against the Resolution

The Honourable Justice David StratasFederal Court of Appeal, Ottawa
Karen A. Horsman, QCLegal Services Branch, Ministry of Justice, Vancouver

Closing Remarks and Wrapup

Frank A.V. Falzon, QCFrank A.V. Falzon Law Corporation, Victoria
Elena F. MillerBritish Columbia Labour Relations Board, Vancouver


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