CLEBC - Courses On Demand

Administrative Law Conference 2024

Course Date: November 21, 2024

Full Course Materials

Total: 5h 11min

Total Ethics: 1h

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

Opening Address (9:20 – 10:05) (virtual presentation)

The Honourable Michelle O'Bonsawin — Supreme Court of Canada, Ottawa

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

correctness review: clarifying the standard for mixed questions of law and fact
the methodology of reasonableness review: understanding what is reasonable and what is not
standard of review of regulations: the Katz/Vavilov debate and the content of the record
limited rights of appeal and judicial review: where are we now?
contemporary challenges and judicial review: the energy transition, emergencies and the environment

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

BREAK (11:10 – 11:20)

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

recent developments of interest in BC administrative law
as applicable, recent Supreme Court of Canada decisions from the perspective of their implications for BC administrative law
topics will include a range of issues, such as procedural considerations on judicial review, procedural fairness and substantive law developments, as well as updates on cases discussed last year

Kaitlyn Chewka — Lovett Westmacott, Victoria

Alandra K. Harlingten — Lovett Westmacott, Victoria

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

UNDRIP Implementation in Administrative Processes and Decision-making (1:25 – 2:10)

grounding this work in foundational documents
what is your role in implementation
creating an UNDRIP compliant process
decision-making consistent with UNDRIP principles

Shawnee Monchalin — Legal Counsel, BC Human Rights Tribunal, Vancouver
Angela Smith-Rockwell — Authorizations Manager, Ministry of Water, Land and Resource Stewardship, Prince George

Maybe You Can Fight City Hall, After All: Review of Local Government Bylaws After Vavilov (2:10 – 2:55)

a review of Supreme Court of Canada decisions, both pre and post-Vavilov, dealing with substantive review of local government bylaws
how recent developments in the BC cases highlight unsettled questions in the law
whether a 'reasons-first' approach is a useful tool in reviewing bylaws
whether the Supreme Court of Canada cases dealing with review of regulations provide any guidance or whether bylaws are different

Marisa Cruickshank — Southern Butler Price, North Vancouver
Nick Falzon — Young Anderson, Vancouver

BREAK (2:55 – 3:05)

Charter Values in Administrative Decision Making (3:05 – 3:55)

the most recent guidance from the Supreme Court of Canada in Commission scolaire francophone, 2023 SCC 31
what is a Charter value and how is it different from a Charter right?
the duty of a decision maker to consider Charter values in exercising administrative discretion
when is a Charter value relevant to a discretionary decision?
reasonableness review of discretionary decisions that engage Charter values