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Canadian Institute for the Administration of Justice (CIAJ)

CIAJ Advanced Judicial Seminar on Administrative Law

Overview

The Seminar was designed to address advanced administrative law topics of specific interest to judges. The program includes lectures and discussions. This was a one-day program for both Common Law and Civil Law judges who have expertise or would like to develop/expand their understanding of a particular area of administrative law.

Judicial review represents a significant part of the case load for Canada’s superior court judges. The issues are challenging and the law equally so. Dunsmuir v. New Brunswick, [2008] 1 SCR 190 held great promise for rationalizing the Canadian approach to the review of administrative tribunals. Since Dunsmuir, the Supreme Court of Canada has heard approximately 50 appeals considering the parameters of judicial review. Some of those decisions simply involve the application of accepted principles and affirm the Court’s error-correcting role. Other cases can be viewed as either contracting or expanding the ambit of Dunsmuir.

What seems evident is that, in 2017, there are still many unresolved issues, all of which are challenging, as well as time-consuming, for both bar and bench. This seminar was intended to provide an update of the recent Supreme Court of Canada jurisprudence as well as providing a road map for reviewing judges navigating the modern parameters of judicial and appellate review of administrative decisions.

Objectives

The seminar was designed for the members of the judiciary to learn and improve their understanding of a particular area of administrative law.

Summary

The seminar was intended for judges only. It included plenary sessions and substantial time devoted to discussions. Some small group work was also incorporated, where a hypothetical factual situation was developed for discussion during the session. The seminar was based on a welcoming and hands-on approach to facilitate discussions and explore issues faced by the decision makers in the courtroom with respect to Judicial Review.

Date

Jun 1st 2018

Number of Participants

27

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