Administrative Law and Practice 2021

8:45 a.m. – Welcome and Introduction

9:10 a.m. – The Year in Review and Update on Important Recent Caselaw

Always an eagerly‑anticipated segment, this session shines a spotlight on key administrative law developments and trends over the preceding twelve months.

10:15 a.m. – Emergency Decisions and Powers: Their Uses and Limits

Over the last year, the pandemic invoked the use of “emergency” powers and legislation by each level of government – many of which are being challenged, or their scope interpreted. This panel will explore the pandemic’s lasting impact on these powers, the lessons that have been learned, and possible future challenges to the emergency regulatory regime.

11:45 a.m. – Procedural Fairness Update: post COVID‑19 and Other Developments

COVID‑19 is arguably a once‑in‑a‑lifetime public health crisis. The governments’ responses have included delegating legislative powers to administrative bodies. But, how will courts ensure procedural fairness? How have virtual hearings met the required statutory mandates? Has access to justice been an issue? What procedural challenges lie ahead?

12:30 p.m. – Lunch Break 

1:30 p.m. – Vavilov and Reasonableness Review: Where We Are in 2021

Reflecting on the past year, we will take stock of where judicial review of administrative action stands since Vavilov’s landmark reframing of the law, including:

• The overlap between judicial reviews
  and appeals
• Reasonableness: has anything
  changed?
• Internal appeal processes within
  tribunals

3:00 p.m. – Tribunal Processes of the Future

The need to adapt to a new online reality evolving since early 2020 has brought a host of changes to tribunal processes. In a future world of virtual hearings, what will or should we keep from both an ethical/fairness and a practical perspective?

4:00 – End of Day 

8:45 a.m. – Welcome and Introduction 

9:00 a.m. – Cases to Watch in 2022

This expert panel will delve into several anticipated upcoming court decisions that will have a measurable impact on administrative law in the years to come.

10:15 a.m. – Federalism and Emergencies

How does our federal system cope with emergencies? This panel will discuss the distinct versus overlapping powers at the federal, provincial, and municipal levels, with particular focus on public health, mobility, and border
security/immigration.

11:30 a.m. – Keynote Session: The Legacy of Justice Rosalie Abella on Canadian Administrative Law

The retirement of Justice Rosalie Abella from the Supreme Court of Canada in 2021, after 17 years of shaping the nation’s laws from the country’s top bench, has provided an opportunity to review and reflect on her impact on Canadian administrative law. Justice Lorne Sossin and others will look back on this legacy and the major rulings she was involved with that will continue to reverberate for
years to come.

12:30 p.m. – Lunch 

1:15 p.m. – Recent Developments at the Municipal Level: Downloading, COVID Regulations, Minister’s Zoning Orders, and Land Tribunals Updates

The municipal level of government in Canada has seen much activity lately in the realm of administrative law. The panel will look at a variety of current hot topics, including:

• Perpetual issues surrounding the downloading of costs and responsibilities onto municipalities
• Unique challenges and areas of focus for municipalities posed by COVID
• Minister’s Zoning Orders (MZOs) in Ontario: where things are headed and possible implications for the rest of Canada
• Legal issues arising from the rise of urban park encampments
• Key updates in tribunal decisions regarding development and property development

2:30 p.m. – Break 

2:45 p.m. – The Promise and Risks of
Technology

With the application of various new technologies to legal practice continuing apace, administrative law grapples with dilemmas and concerns about fairness, professionalism, and ethics. This panel of practitioners who work at the cutting edge of these issues will examine such topics as:

• Surveillance on other parties, counsel, and judges
• Ethics/professionalism and social media use
• The use of AI, analytics, and predictive software in administrative law

3:45 – Chairs’ Wrap-Up/Final Questions

4:00 p.m. – Program Concludes