Administrative Law and Practice 2024

9:00 a.m.
Introductory Remarks from the Chairs

9:10 a.m.
Annual Update: Critical Developments in Administrative Law in 2024
To open the conference, panelists will analyse significant jurisprudential developments of the past year, including Yatar and cases that have flowed from it.

Amy Block, WeirFoulds LLP
Justin Safayeni, Stockwoods LLP

10:00 a.m.
Regulating Harmful Content Online: Predictions and Challenges
This session will discuss the duties and obligations imposed on social media platforms by the Online Harms Act, as well as the regulatory framework it creates through the Digital Safety Commission, the Digital Safety Ombudsperson, and the Digital Safety Office. Potential issues with administration, enforcement, and the review structure will also be explored.

David Fraser, McInnes Cooper
Andrea Gonsalves, Stockwoods LLP
Prof. Emmett Macfarlane, University of Waterloo

11:15 a.m.
Break

11:30 a.m.
The Doctrine of Precedent in Administrative Law: Twists, Turns and Controversies
In this special address, Justice David Stratas will share reflections on the doctrine of precedent, followed by a question and answer period with conference attendees.

Justice David Stratas, Federal Court of Appeal

12:30 p.m.
Networking Lunch

1:30 p.m.
Challenges in Tribunal Justice: Appointment Powers, the Exercise of Discretion, and Risks of Injustice
Late last year, the administrative justice community lost Dr. Ronald Ellis, a scholar, lawyer, and former tribunal adjudicator and administrator. As a reflection of Dr. Ellis’ passionate advocacy for rule-of-law reform, this panel will discuss ongoing challenges in the tribunal justice system, including the identification of suitable candidates, the ways in which appointment powers are used, and the potential consequences of developing trends in the system.

Paul Aterman, Former Chairperson, Canada Social Security Tribunal
Brian Cook, Tribunal Watch Ontario
Jeff Gray, The Globe and Mail

2:30 p.m.
Break

2:45 p.m.
Commemorating the Work of Dr. Ron Ellis
The late Dr. Ellis’ pioneering work included his relentless pursuit of structural reform of the administrative justice system. His roadmap of proposals was eventually published as Unjust By Design. This panel will discuss recent statutory instruments both in Canada and abroad inspired by Dr. Ellis’ reform initiatives, as well as the ongoing legacy of his decades of insight and advocacy.

Prof. Paul Daly, University of Ottawa
Prof. Noel Semple, University of Windsor
Prof. Sule Tomkinson, Université Laval

3:45 p.m.
Day One Concludes

9:00 a.m.
Introductory Remarks from the Chairs

9:05 a.m.
Cases to Watch
This session will look ahead to the next year of case law and matters that could affect your practice, including notable legal issues moving through the courts and anticipated legislative changes.

Mannu Chowdhury, Paliare Roland Rosenberg Rothstein LLP

9:45 a.m.
Artificial Intelligence: Regulatory Challenges in Canada and Abroad
This panel will discuss developments in AI regulation both internationally and domestically, including the Council of Europe AI Treaty, the federal generative AI policy and Bill C-27. Jurisprudential developments in this area will also be discussed, with a focus on administrative law issues and practical concerns for advising clients on the front end to avoid later issues.

Anna Lillicrap, Department of Justice
Prof. Teresa Scassa, University of Ottawa
Lesia Stangret, Department of Justice

10:45 a.m.
Break

11:00 a.m.
A Personal History of Administrative Law in Canada

The Hon. John Evans, Goldblatt Partners LLP

In this special address, the Hon. John Evans will discuss his experiences watching the development of administrative law in Canada over time. These remarks will be followed by a question & answer session with the chairs and conference attendees.

12:00 p.m.
Networking Lunch

1:00 p.m.
The National Security Administrative Regime: Developments and Challenges
This expert panel will discuss live issues relating to the Canadian national security framework and administrative law, including the new scheme for judicial review and how these developments intersect with the open court principle, freedom of the press, and privacy concerns.

Bryce Dillon, National Security Intelligence Review Agency
Anil Kapoor, Kapoor Barristers
Elizabeth Richards, Senior General Counsel, Department of Justice

1:50 p.m.
Break

2:05 p.m.
Recent Developments in Charter Values and the Role of Administrative Decision-Makers
Over the past 12 months, Canada’s highest court has been repeatedly tasked to consider the applicability of the Charter and Charter values to administrative bodies of all types. This panel will discuss those cases in detail, and the implications of these conclusions for administrative decision-makers more broadly.

Matthew Horner, Ontario Human Rights Commission
Bahaa Sunallah, Department of Justice
Alyssa Tomkins, Gowling WLG

2:55 p.m.
Break

3:10 p.m.
Developments in Aboriginal Law
Indigenous governments hold inherent jurisdiction to make laws for their own people and lands in accordance with their own legal orders, in addition to jurisdiction recognized under or delegated under Canadian law. Canadian courts, operating under the Canadian legal framework, are being asked to judicially review decisions made by Indigenous governments pursuant to and in alignment with Indigenous legal orders.

This session will examine how Canadian courts are treating the judicial review of decisions made under Indigenous laws – what Canadian courts have said so far about their jurisdiction to review these decisions, how the Vavilov framework and procedural fairness review are being applied in this context, and the practical issues that are arising on the ground.

Krista Nerland, Olthius Kleer Townshend LLP

3:35 p.m.
Updates in Environmental Law
A deep dive into jurisprudential developments in Environmental Law over the past year.

Sanam Goudarzi, Department of Justice

4:00 p.m.
Day 2 Concludes