National Roundtable on Administrative Law (2020 Edition): Towards a Unified Theory of Administrative Law?
Bilingual program with simultaneous interpretation
Participation in this program is accredited in provinces where CLE requirements for lawyers are mandatory.
Be it resolved: Canada lacks a unified theory of administrative law. The focus of much of the Canadian administrative law community—practitioners, courts, academics—is almost exclusively on the issue of standard of review. How do we address the fact that more and more “political” and “private” decisions are being subject to judicial review, and the related issues of standing to challenge government or private decision-making? How does the immunity from judicial review in certain circumstances fit within what we understand of administrative law? Is judicial review the best mechanism for addressing breaches of the Charter by administrative decision-makers? How do we properly deal with the tensions between the rule of law and deference to “experts” and are all decision-makers alike in this regard? How can decision-makers ensure that their decisions are both procedurally fair, and yet timely? The list goes on.
All of these questions will ask us to ponder today: What is the goal of judicial review and administrative law more generally in Canada?” and “How do we best go about obtaining that goal in a principled fashion?” Is it possible to have a unified theory or approach to judicial review that “works” for all decision-makers?
- Mr. Michael Gottheil, Chief of the Commission and Tribunals, Alberta Human Rights Commission
- Mr. Athanasios Hadjis, Senior Legal Counsel, Administrative Tribunals Support Service of Canada
- The Hon. James O’Reilly, CIAJ’s President
For further information, please contact the Program Coordinator, Mary Plagakis
- 30 days or more before the event: Administration fees of $40
- 7 days or more before the event: 50% of registration fees
- Less than 7 days before the event: No refund
At any time, a participant may be replaced by another person without charge