Administrative Law and Practice 2023

9:00 a.m.
Chairs’ Introductory Remarks
Opening remarks by the program chairs to welcome attendees and set the stage for the next two days

9:10 a.m.
Annual Update: Key Developments in Administrative Law in 2023

Andrea Gonsalves, Stockwoods LLP

The opening session will provide an overview and analysis on the significant happenings from the past 12 months, including:
• The most important cases from the past 12 months
• Analysis of some interesting new doctrinal directions taken by the courts

10:10 a.m.
Break

10:25 a.m.
Privacy Regulation in the Changing Digital Landscape

David Fraser, McInnes Cooper
Louisa Garib, Legal Counsel, at the Office of the Information Commissioner of Canada
Jonathon Penney, Associate Professor, Osgoode Hall Law School

As the landmark case of Canada (Privacy Commissioner) v. Facebook, Inc. heads to the Federal Court of Appeal, our panel will discuss this case and the wider topic of evolving regulatory challenges in privacy, including:
• Emerging technological flashpoints
• Key issues from an administrative law perspective

11:10 a.m.
Commissions of Inquiry Updates, from an Administrative Law Perspective

John Mather, DMG Advocates LLP
Lori Ward, Justice Canada

We will analyze the 2023 final report of the POEC concerning the recent invoking of the Emergencies Act by the Federal government, distilling:
• How the report fits with the wider context of other commissions of inquiry
• Key legal takeaways.

12:10 p.m.
Lunch

1:00 p.m.
Bars to Judicial Review – A look at Yatar and Viaguard

Paul Daly, Professor, Faculty of Law, University of Ottawa
The Hon. Justice Mary J. L. Gleason, Federal Court of Appeal
The Hon. Justice Nicholas McHaffie, Federal Court of Canada

An exploration of the current scope of judicial review in Canada, taking a close look at the Yatar v TD Insurance Meloche Monnex and Viaguard Accu-metrics Laboratory v. Standards Council of Canada cases and:
• How these cases mesh with the jurisprudence
• Practical implications

1:50 p.m.
Break

2:05 p.m.
Ethics in Statutory Interpretation

The Hon. Justice Owen Rees, Superior Court of Justice of Ontario

Legal language is infused with meaning, which is always open to interpretation. Join an intriguing discussion drawn from real-world examples in administrative law, about:
• The classic rules for statutory interpretation
• Ethical pitfalls
• The underlying responsibilities and framework for an ethical approach to statutory interpretation

3:05 p.m.
Break

3:20 p.m.
Current Topics in Standard of Review: Review of Regulations; Procedural Fairness; and the latest word from Abrametz

Ewa Krajewska, Heinen Hutchison Robitaille LLP
Lauren Wihak, McDougall Gauley LLP

We take a multi-faceted look at Standard of Review emanating from the Supreme Court of Canada decision in Law Society of Saskatchewan v. Abrametz, from the angle of:
• Regulations
• Procedural fairness considerations
• Impact on the jurisprudence

Day 2, October 12, 2023

9:00 a.m.
Cases to Watch

Justin Safayeni, Stockwoods LLP

Looking ahead to the next 12 months in administrative law in Canada, we will delve into matters that could be impacting your practice, including:
• Notable legal issues moving through the courts
• Important upcoming legislative changes

9:45 a.m.
Break

10:00 a.m.
Developments in the Regulation of Judges

Richard Devlin, Professor of Law, Schulich School of Law, Dalhousie University
Alison Warner, Registrar, Ontario Judicial Council and Justice of the Peace Review Council
Sheila Wildeman, Associate Professor of Law, Schulich School of Law, Dalhousie University

The panel will examine the regulation of judges in Canada, providing a valuable:
• Review of recent cases involving allegations of judicial misconduct
• Analysis of the comprehensive reforms coming under Bill C-9, An Act to amend the Judges Act.

11:00 a.m.
Frivolous or Vexatious Judicial Reviews: Ethics and Practice

The Hon. Justice David Corbett, Ontario Superior Court of Justice
The Hon. Chief Justice Paul Crampton, Federal Court of Canada
Stephen Kurelek, Justice Canada

Explore the approach taken by administrative tribunals in addressing judicial reviews that are or could be argued to be frivolous or vexatious, including:
• A review of the process involved
• Consideration of the ethical and practical issues often raised in these matters.

12:00 p.m.
Lunch

1:00 p.m.
Automation, Artificial Intelligence and Administrative Law

Gideon Christian, Assistant Professor, Faculty of Law, University of Calgary
The Hon. Justice Sebastien Grammond, Federal Court of Canada
Kate Robertson, Markson Law PC

A panel drawn from practice, the Bench, and legal technology research will delve into the intersection between administrative law and emerging technologies, addressing:
• Automation
• Artificial Intelligence
• The impact on administrative processes and procedures.

2:00 p.m.
Break

2:15 p.m.
Regulatory Overload Problems – Access to Justice, Dispute Volume, Appointment Backlog & Evolving Technology

Paul Aterman, Former Chairperson, Canada Social Security Tribunal
Raj Anand, Weir Foulds LLP
Emily Laidlaw, Associate Professor, Faculty of Law, University of Calgary

As tribunals struggle with ever-increasing case volumes, this timely and informative session discusses:
• The challenges posed by “Regulatory Overload” in terms of access to justice and operational effectiveness
• Innovative approaches that could address the problem.

3:15 p.m.
Administrative Law Subject matter updates

Steven Barrett, Goldblatt Partners LLP
Laura Bowman, Staff Lawyer, Ecojustice Canada
Jody Johnson, Director, Legal Services, Halton Region
Audrey Macklin, Professor, University of Toronto Faculty of Law
Krista Nerland, Olthuis Kleer Townshend LLP

Quick hits providing key updates on various subject matters relating to Canadian administrative law, highlighting the latest developments and trends in:
• Municipal law
• Labour law
• Aboriginal law
• Environmental law
• Immigration and refugee protection law

4:00 p.m.
Program Ends