Administrative Law Conference 2024

Course Chairs
Justice Alison M. Latimer — Supreme Court of BC, Vancouver
Kaitlyn Chewka — Lovett Westmacott, Victoria

About the Course Chairs

Justice Latimer was appointed to the Supreme Court of BC in 2024. Before her appointment to the bench, Justice Latimer maintained a broad litigation practice acting as counsel in the areas of civil, criminal, and administrative law.

She appeared as counsel on several landmark constitutional cases, including cases establishing a right to physician assisted dying and limiting the use of solitary confinement in federal prisons. She also regularly advised and represented 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.

Kaitlyn Chewka is a partner with the firm Lovett Westmacott. Prior to joining Lovett Westmacott, Kaitlyn was legal counsel with the Ministry of Attorney General's Constitutional and Administrative Law Section.

Kaitlyn provides advice to various administrative decision-makers and regularly acts as counsel on judicial review applications and any resulting appeals. Kaitlyn's recent public and administrative law cases include Casavant v. British Columbia (Minister of Environment), an appeal regarding the discretionary nature of relief on judicial review, British Columbia v. 992704 Ontario Limited, an appeal regarding the adequacy of a de novo appeal to cure alleged procedural defects, and Servatius v. Alberni School District No. 70, a s. 2(a) Charter challenge to a decision to incorporate Indigenous worldviews in a public-school classroom.

Kaitlyn is also an Adjunct Professor at the University of Victoria where she has lectured on the topics of administrative law, civil procedure, criminal procedure, advocacy, ethics, and energy law. She is also a co-coach for the University of Victoria's Wilson moot team, which focuses on appellate advocacy skills.

Featured Speaker
The Honourable Michelle O'Bonsawin — Supreme Court of Canada, Ottawa

The Honourable Michelle O'Bonsawin is a widely respected member of Canada's legal community with a distinguished career spanning over 20 years.

Justice O'Bonsawin was appointed to the Ontario Superior Court of Justice in Ottawa in 2017. Prior to her appointment, she was General Counsel for the Royal Ottawa Health Care Group for eight years. In this role, she developed a thorough understanding of legal issues related to mental health and performed significant research regarding the use of Gladue principles in the forensic mental health system, appearing before various administrative tribunals and levels of courts, including the Human Rights Tribunal of Ontario, the Consent and Capacity Board, the Ontario Review Board, the Ontario Superior Court of Justice, the Ontario Court of Justice, and the Ontario Court of Appeal. She began her legal career with the legal services at the Royal Canadian Mounted Police and was then Counsel with Canada Post, specializing in labour and employment law, human rights, and privacy law.

Justice O'Bonsawin has taught Indigenous law at the University of Ottawa's Common Law Program and was previously responsible for the Indigenous Relations Program at the Royal Ottawa Health Care Group. She is a frequent guest speaker on Gladue principles, Indigenous issues, as well as mental health, labour, and privacy law. Justice O'Bonsawin is also the author of various publications such as: Access to Justice and Gladue Reports: We All Have a Role to Play in Lawyer's Daily (2020); A Principled Approach: Applying Gladue Principles at the Ontario Review Board in the National Judicial Institute Indigenous Law Subject Collection (2018); Canada's Bill C-14 [NCR] A Knee Jerk Reaction to Sensationalized Not Criminally Responsible Cases in the Canadian Criminal Law Review (2016); Mental Health Checklist: A Guide for Members of the Judiciary (2016).

Justice O'Bonsawin previously served on the Board of Governors of the University of Ottawa, as well as its Executive Committee, and as a Board member for the Aboriginal Legal Services of the University of Ottawa Legal Aid Clinic. She was an observer member of the Membership Committee of Odanak First Nation and a Board member of the Canadian Institute for the Administration of Justice. She is currently a Partner Judge for Afghanistan Women Judges with the International Association of Women Judges.

Justice O'Bonsawin holds a Bachelor of Arts from Laurentian University, a Bachelor of Law from the University of Ottawa, a Master of Law from Osgoode Hall Law School, and a Doctorate in Law from the University of Ottawa.

Born in Hanmer, Ontario, a small Francophone town near Sudbury, she now resides in Ottawa with her family. A fluently bilingual Franco-Ontarian, Justice O'Bonsawin is an Abenaki member of the Odanak First Nation.

She was appointed to the Supreme Court of Canada on September 1, 2022.

Faculty
Justice Karen A. Horsman — BC Court of Appeal, Vancouver
Marisa Cruickshank — Southern butler Price, North Vancouver
Paul Daly — University Research Chair in Administrative Law & Governance, University of Ottawa, Ottawa
Nick Falzon — Young Anderson, Vancouver
Alandra K. Harlingten — Lovett Westmacott, Victoria
Shawnee Monchalin — Legal Counsel, BC Human Rights Tribunal, Vancouver
Angela Smith-Rockwell — Authorizations Manager, Ministry of Water, Land and Resource Stewardship, Prince George

Click here for full faculty bios

• correctness review: clarifying the standard for mixed questions of law and fact
• the methodology of reasonableness review: understanding what is reasonable and what is not
• standard of review of regulations: the Katz/Vavilov debate and the content of the record
• limited rights of appeal and judicial review: where are we now?
• contemporary challenges and judicial review: the energy transition, emergencies and the environment

• 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 a range of issues, such as procedural considerations on judicial review, procedural fairness and substantive law developments, as well as updates on cases discussed last year

• grounding this work in foundational documents 
• what is your role in implementation
• creating an UNDRIP compliant process 
• decision-making consistent with UNDRIP principles

• a review of Supreme Court of Canada decisions, both pre and post-Vavilov, dealing with substantive review of local government bylaws
• how recent developments in the BC cases highlight unsettled questions in the law
• whether a 'reasons-first' approach is a useful tool in reviewing bylaws
• whether the Supreme Court of Canada cases dealing with review of regulations provide any guidance or whether bylaws are different

• the most recent guidance from the Supreme Court of Canada in Commission scolaire francophone, 2023 SCC 31
• what is a Charter value and how is it different from a Charter right?
• the duty of a decision maker to consider Charter values in exercising administrative discretion
• when is a Charter value relevant to a discretionary decision?
• reasonableness review of discretionary decisions that engage Charter values