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Administrative law is concerned, above all, with constitutional principles. As such, administrative law practitioners must be familiar with the Charter and its relationship to administrative law. Looking at jurisprudence since Vavilov, this paper identifies several patterns of deviation from the established Doré/Loyola framework for judicial review of administrative decisions that engage the Charter. This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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Participant standing is critical to a well-functioning and effective administrative law process. This paper provides a foundation in participant standing before tribunals and the courts in the administrative law context, discussing “first principals” that underpin the right to standing and key elements of standing determinations, associated procedural rights and recent developments, including in the area of public interest standing. This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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This paper addresses the following questions: (1) What documents should be included in the record? (2) When are affidavits admissible in addition to the record? (3) Who has the onus to establish admissibility of affidavits? (4) When affidavits are admissible, what standard additional requirements will also apply? (5) How does the scope for questioning on affidavits differ from questioning on discovery? (6) What are other interesting issues respecting the record? (7) When should the record be filed (before or after preliminary applications)? (8) What are some practical pointers for preparing the record? This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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The topic of this paper is the standard of review that should be applied by an administrative appeal tribunal when it is hearing an appeal from a tribunal of first instance. These are internal appeals, not external review by the superior courts. To what extent should the appeal tribunal extend deference? Does Vavilov apply? This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.
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Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, is the sixth attempt in 50 years by the Supreme Court of Canada to grapple with standards of review. This paper concentrates on the important highlights and take-aways from Vavilov. It will also identify areas which Vavilov does not deal with, or which bear watching for further developments. This paper is part of a collection presented at LESA’s Administrative Law Update program in Calgary on April 5, 2022 and in Edmonton on April 6, 2022.