Administrative Law and Practice 2022

9:00 a.m.
Chairs’ Introductory Remarks

9:10 a.m.
Annual Update: Key Developments in Administrative Law 2022
Ewa Krajewska, Henein Hutchison LLP

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

10:10 a.m.
Lasting Effects of the COVID‑19 Pandemic on Canadian Administrative Law
Philip Abbink, Cavalluzzo LLP
Charlotté Calon, Paliare Roland Rosenberg Rothstein LLP

The COVID‑19 pandemic is arguably a once in a lifetime public health crisis, prompting novel government responses such as delegating legislative powers to administrative bodies. This important and critical session will discuss the current state of administrative law and will consider how pandemic‑related developments may continue to impact policy and practice in future.

11:00 a.m.
BREAK

11:15 a.m.
The Intersection of Administrative Law and Regulation with Freedom of Expression
Faisal Bhabha, Associate Professor, Osgoode Hall Law School, York University
Brandon Kain, McCarthy Tétrault LLP

A discussion of the evolving approach to the regulation of expression in Canada, and the challenges inherent in balancing freedom of thought, belief, and expression versus policy and public safety considerations.

12:00 p.m.
LUNCH BREAK

1:00 p.m.
Cases to Watch in 2023
Joseph Cheng, Senior Counsel, National Litigation Sector (Ontario Regional Office), Justice Canada
Mannu Chowdhury, Paliare Roland Rosenberg Rothstein LLP
Judie Im, Senior Counsel, Crown Law Office‑Civil Law, Attorney General (Ontario)

Leading practitioners will delve into several of the anticipated upcoming court decisions that will have a measurable impact on administrative law in the years to come. Anticipated cases include:

• Yatar v. TD Insurance Meloche Monnex, 2022 ONCA 446

• Canada (Citizenship and Immigration) v. Mason, 2021 FCA 156

1:50 p.m.
BREAK

2:05 p.m.
Administrative Law and Its Impacts on Indigenous Interests
Senwung Luk, Olthuis Kleer Townshend LLP
Jason Madden, Pape Salter Teillet LLP
Dr. Janna Promislow, Associate Professor, Faculty of Law, University of Victoria

Covering such matters as internal governance, dealings with government, authority and representation, esteemed practitioners will share their insights on the impacts of administrative law on Indigenous communities.

3:10 p.m.
Ethics & Professionalism: Technological Competence In and Out of the Hearing Room
Simmi K. Sandhu, Chair, Civil Resolution Tribunal of British Columbia
Nicolas Vermeys, Director, Centre de recherche en droit public; Associate Director, Cyberjustice Laboratory and Professor and Faculty of Law, Université de Montréal

In the advancing era of virtual and hybrid hearings, the legal community continues to adapt to this shifting landscape when the need to adapt to a new online environment that has brought a host of changes to tribunal and court processes.

Learn from the experts on the level of technological competence that is needed to ensure access to justice is not compromised; rather improved.

9:00 a.m.
Welcome and Introductory Remarks

9:05 a.m.
New Developments in Public Inquiries and Commissions
The Hon. Justice Dennis O’Connor, Ontario Court of Appeal (retired); Borden Ladner Gervais LLP
Christine Mainville, Henein Hutchison LLP

Examining the powers and processes employed by modern investigative bodies and offering valuable practical insights, this session will explore such recent commissions of inquiry as the Red Hill Valley Parkway Inquiry, the Ottawa Light Rail Transit Public Inquiry, the Collingwood Judicial Inquiry and the Mass Casualty Commission, as well as the recently established Public Order Emergency Commission.

10:15 a.m.
The Judges’ Speak: What are Adequate Reasons?
The Hon. Justice David L. Corbett, Ontario Superior Court of Justice
The Hon. Madam Justice Joyce DeWitt‑Van Oosten, British Columbia Court of Appeal
The Hon. Justice Sébastian Grammond, Federal Court of Canada
The Hon. Justice Lorne Sossin, Ontario Court of Appeal

The stakes are high for administrative law practitioners and decision‑makers. Are you confident in your understanding of persuasive reasoning?

This esteemed panel, moderated by the Hon. Justice Lorne Sossin, will give you the chance to get answers to the questions you want answered!

Don’t miss this must‑attend session for advocates and adjudicators alike.

11:15 a.m.
BREAK

11:30 a.m.
Standing, Interventions and Participatory Rights
Andrew Bernstein, Torys LLP
Michael H. Morris, Senior General Counsel, National Litigation Sector (Ontario Regional Office), Justice Canada
Mark Witten, Legal Counsel, British Columbia Ministry of Attorney General

Following on the Supreme Court’s recent decision in British Columbia (Attorney General) v. Council of Canadians with Disabilities, this session will analyze the Court’s interpretation of the test for public interest standing and offer insight into possible legal ramifications for future challenges to standing.

12:30 p.m.
LUNCH BREAK

1:30 p.m.
W(h)ither Doré? The Uncertain Place of “Charter Values” after Vavilov
Adrienne Telford, Cavalluzzo LLP
Lauren J. Wihak, McDougall Gauley LLP
Andy Yu, Professor, Faculty of Law, Western University

As the Supreme Court of Canada’s landmark decision in Vavilov continues to have an evolving influence on the Doré framework, this panel will examine the ongoing development of reasonableness review and the role of Charter values in such recent decisions as Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA 476 and Law Society of British Columbia v. Harding, 2022 BCCA 229.

2:30 p.m.
BREAK

2:45 p.m.
Cabinet Confidence in Exceptional Circumstances
Dr. Paul Daly, University Research Chair in Administrative Law & Governance, Faculty of Law (Common Law Section), University of Ottawa

There has been much public discussion of the doctrine of cabinet secrecy following the Federal Government’s declaration of a public order emergency and subsequent reluctance to release certain details about that decision. In this session, you will learn about the importance of this doctrine and contemplate circumstances in which the need for confidentiality might be overridden in the interest of transparency.

3:30 p.m.
Regulatory Developments and Climate Change
Dr. Janis Sarra, Professor, Peter A. Allard School of Law, University of British Columbia, and Principal Co‑Investigator, Canada Climate Law Initiative

Reflecting on recent developments in climate change law in Canada over the course of the pandemic, you will review where things stand now and the direction laws and regulations may take going forward, along with implications on administrative law.

4:00 p.m.
END OF DAY TWO