Administrative Law Conference 2023

Course Chairs
Alison M. Latimer, KC — Barrister & Solicitor, Vancouver
Elena F. Miller — BC Labour Relations Board, Vancouver

About the Course Chairs
Alison Latimer, KC is an experienced trial and appellate lawyer whose practice includes civil, criminal, and administrative law. She is called to the bar in both BC and the Yukon. Alison has appeared as counsel to the main party on several landmark constitutional cases, including cases establishing a right to physician assisted dying and limiting the use of solitary confinement in federal prisons.

Alison also regularly advises and represents clients in areas of administrative law, acting both for tribunals and for individuals and entities appearing before administrative tribunals or seeking judicial review of administrative decisions. Alison has presented papers at a variety of law conferences including two years presenting at the CLEBC Administrative Law Conference.

Elena Miller is senior in-house legal counsel for the BC Labour Relations Board and the BC Employment Standards Tribunal. She provides internal legal advice to board and tribunal staff and adjudicators, and has appeared as counsel for the Board and Tribunal in all levels of court on judicial reviews, appeals, and related matters. She has been seconded to six-month appointments as a vice-chair of the Board and a Member of the Tribunal. 

Elena has presented papers at administrative and labour law conferences, and authored and updated two chapters of CLEBC's British Columbia Administrative Law Practice Manual. This is her eighth year as co-chair of the CLEBC Administrative Law Conference.

Opening Address
The Honourable Mr. Justice Malcolm Rowe — Supreme Court of Canada, Ottawa

Supreme Court of Canada since October 2016. Newfoundland & Labrador Court of Appeal 2001-16. Supreme Court of Newfoundland & Labrador, Trial Division 1999-2001. Board of Directors Canadian Superior Court Judges' Association 2005-15. Chair of the Advisory Committee for Federal Judicial Appointments (Newfoundland & Labrador) 2006-12. Clerk of the Executive Council & Secretary to Cabinet, Government of Newfoundland & Labrador 1996-99. Associate, then partner with Gowling & Henderson in Ottawa 1984-96. Queen's Counsel 1992. Taught public & constitutional law (part-time) University of Ottawa Law School (1991-93). Chair of the Canadian Bar Association International Law Section (1994-95). Foreign Service Officer, Department of External Affairs 1980-84: the Legal Bureau (Ottawa), the United Nations (New York) and Havana. Clerk Assistant to the Newfoundland legislature 1979-80. Called to the Newfoundland bar 1978. Osgoode Hall Law School 1975-78. Memorial University of Newfoundland 1970-75: BSc, BA.

Faculty
Paul Daly — University Research Chair in Administrative Law & Governance, University of Ottawa, Ottawa
Kaitlyn Chewka — Lovett Westmacott, Victoria
Alandra K. Harlingten — Lovett Westmacott, Victoria
Joana Thackeray — BC Human Rights Tribunal, Vancouver
Douglas S. White, KC — Special Counsel to the Premier on Indigenous Reconciliation, Premier's Office, Victoria
Lauren Witten — Legal Counsel, Ministry of Attorney General, Vancouver
Karrie A. Wolfe — Legal Counsel, Ministry of Attorney General, Victoria

Course Materials Contributor
Jaclyn Salter — Legal Services, Ministry of Attorney General, Vancouver

Click here for full faculty bios

• standard of review on statutory interpretation: Mason v. Canada
• Charter values in administrative decision-making: AB v. Northwest Territories
• AI-assisted decision-making, Chat GPT and other contemporary challenges
• constitutional questions and remedies in administrative tribunals: Societe des Casinos
• cabinet decision-making: emergency powers, regulations, cabinet confidence, and the duty of candour
• the boundaries of correctness review for concurrent jurisdiction

• 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 recent trends in remedial relief and the court's exercise of discretion, the proper form and forum for judicial review or statutory appeal, and updates on last year's cases

• honouring the late Hon. Thomas Berger and his work on the McKenzie Valley Pipeline Inquiry
• thoughts and reflections on the important role of administrative tribunals in implementing UNDRIP, including how they need to shift and modify existing approaches

• brief background discussion of when parallel proceedings may arise
• overview of key substantive and procedural issues
• discussion of public policy implications and considerations, including access to justice and the efficient use of limited resources
• identification of strategic considerations for counsel and practice tips

• Vavilov's limited guidance on the issue
• judicial treatment of the issue to date: examples from BC and other jurisdictions
• the Yatar appeal (from the ONCA) before the Supreme Court of Canada
• legal and practical implications of restricting judicial review to exceptional cases where there is a limited appeal