Webinar | Judicial Review of Regulations: Vavilov or Vires?

Date: May 23, 2024
Price per person: CIAJ Members: $40 — Non-members: $55
Location: Online: 90-minute webinar beginning at 3:30 pm ET (see the different time zones across Canada)

Language: In English only
Si vous êtes francophone et que vous souhaitez participer à ce webinaire en anglais, voici le lien vers le formulaire en français: https://www.jedonneenligne.org/ciaj-icaj/P390/

***This webinar is presented on May 22 in French and on May 23 in English with the same speaker: Professor John Mark Keyes (adjunct professor). Please use the appropriate form to register to the webinar of your choice. French webinar (May 22, 2024): https://ciaj-icaj.ca/fr/programmes-a-venir/webinaire-le-controle-judiciaire-des-reglements-vavilov-ou-vires/


The Supreme Court’s decision in Vavilov clarified many aspects of judicial review, but controversy continues about the proper approach to the judicial review of regulations made by governmental bodies, particularly by vice-regal representatives and ministers of the Crown. On April 25, 2024, the Supreme Court is scheduled to hear an appeal of the decision of the Alberta Court of Appeal in Auer v Auer dealing with this issue in relation to the Child Support Guidelines made by the Governor in Council under the Divorce Act. This issue also arises in two other cases currently before the Supreme Court. This webinar will consider the traditional approaches to reviewing government regulations and how (if at all) they can be reconciled with the approach in Vavilov, particularly the reasonableness standard of review. It will consider the differing decisions of the appellate courts, including Auer v Auer (Alberta Court of Appeal) and Portnov v Canada in the Federal Court of Appeal.


John Mark Keyes is a sessional professor at the Faculty of Law, University of Ottawa, and an instructor in the Legislative Drafting Program of Athabasca University. He teaches in the field of public and constitutional law with a particular emphasis on legislative drafting and interpretation. He has an LLB and a BA from the University of Toronto and a Diploma in Legislative Drafting and an LL.M from the University of Ottawa.

Professor Keyes was previously legislative counsel in the Department of Justice (Canada) drafting regulations and government bills. He latterly occupied various managerial positions and was the Chief Legislative Counsel from 2005 until 2013. He has also published many academic articles dealing with legislation and more generally public and constitutional law. In 2021 Lexis Nexis published a 3rd edition of his Executive Legislation. In 2023, Irwin Law published Drafting, Interpreting and Applying Legislation, which he co-authored with Wendy Gordon.


Jaimie Graham is a lawyer with the Alberta Utilities Commission. She recently completed her LLM, with a focus on Indigenous laws and legislation. Jaimie is a member of the Canadian Institute for the Administration of Justice’s Legislative Drafting Committee.

Broadcast time across Canada (Thursday, May 23, 2024):
PT: 12:30–2:00 pm
MT: 1:30–3:00 pm
CT: 2:30–4:00 pm
ET: 3:30–5:00 pm
AT: 4:30–6:00 pm
NT: 5–6:30:00 pm

Group viewing is recommended in a room (or rooms) with audio-visual equipment sufficient to accommodate the number of registrants expected at your location. A link to the webinar platform and a password will be sent by email  24-48 hours prior to the event. It is recommended to test the platform beforehand. Group should register individually.


For further information, please contact the Project Manager of Multidisciplinary Programs, Mary Plagakis
Tel.: 514-731-2855
Email: mary.plagakis@ciaj-icaj.ca