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Episode 12 (En anglais): The Implications of Vavilov for the Judicial Review and Appeals of Decisions of Self-Regulatory Professional Bodies and Other Expert Tribunals

– Mar 2021

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Episode 12 (En anglais): The Implications of Vavilov for the Judicial Review and Appeals of Decisions of Self-Regulatory Professional Bodies and Other Expert Tribunals
Broadcast Date: March 4, 2021

Summary

How has the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov changed the judicial review and appeals of administrative decisions? What are the most important changes brought about by Vavilov? How should reasonableness review now be conducted? Has correctness review changed? Is there still room for deference to expertise? Has deference become a matter of preference? How can the characterization of the question under review impact the outcome? What has changed for self-regulatory professional bodies? All these questions and more will be addressed in this episode of CIAJ’s four-part series on administrative law featuring the Honourable Chief Justice J.C. Marc Richard and the Honourable Justice Kathleen A. Quigg, of the Court of Appeal of New Brunswick.

Guests

  • The Honourable Chief Justice J.C. Marc Richard, Court of Appeal of New Brunswick
  • The Honourable Justice Kathleen A. Quigg, Court of Appeal of New Brunswick

Host

  • Marie-Claude Desrosiers, Legal Officer, Court of Appeal of New Brunswick

Biographies

The Honourable J.C. Marc Richard, Chief Justice of New Brunswick

Chief Justice Richard was born in Moncton, New Brunswick, and studied at Université de Moncton (B.B.A., 1980; LL.B., 1983) and the London School of Economics and Political Science (LL.M., 1984). He was called to the practice of law in 1985. His legal practice brought him before administrative tribunals and all levels of court, including the Supreme Court of Canada. He was appointed directly to the Court of Appeal in 2003 and appointed Chief Justice in 2018. Chief Justice Richard served on countless judicial committees, including the Canadian Judicial Ethics Advisory Committee and the Conduct Review Committee of the Canadian Superior Courts Judges Association, eventually becoming Chair of both committees. He joined the Association’s Board of Directors in 2004 and, in 2015, became the first New Brunswick judge ever elected as the Association’s President. He frequently lectures for the Advocates’ Society, the Federation of Law Society’s National Criminal Law Program, and the National Judicial Institute. He serves on the Board of Directors of both the National Judicial Institute and the Canadian Institute for the Administration of Justice. He also participated in several international judicial projects and chaired a Judicial Advisory Committee on international engagement.

The Honourable Justice Kathleen A. Quigg, Court of Appeal of New Brunswick

Madam Justice Kathleen A. Quigg was born in North Bay, Ontario. She is a graduate of the University of New Brunswick (B.A., 1986; LL.B., 1989). She was admitted to the practice of law in 1989 and practised for seventeen years. She was appointed to the Court of Queen’s Bench of New Brunswick in 2006 and to the Court of Appeal of New Brunswick in 2008. She served on the Canadian Bar Association Council of New Brunswick for eight years and became President in 2005. She represented the Province of New Brunswick on the National Board of Directors of the Canadian Bar Association and was national Vice-President of the Women Lawyers Forum of the Canadian Bar Association. Her Law Society involvement included serving as a member of the Bar Admission Course Committee and the Insurance Management Committee. She is a former Vice-Chair of the New Brunswick Labour and Employment Board and sat on the New Brunswick Insurance Board. Justice Quigg is currently President of the New Brunswick Judicial Council.

Marie-Claude Desrosiers, Legal Officer, Court of Appeal of New Brunswick

Marie-Claude Desrosiers is the Legal Officer at the Court of Appeal of New Brunswick. A lawyer and certified translator, she has pursued careers in law and legal linguistics and is a member of the Ontario and New Brunswick Bars and a certified member of the Corporation of Translators, Terminologists and Interpreters of New Brunswick.

Ms. Desrosiers holds a Bachelor of Arts with a specialization in translation (B. Trans.) and a law degree (LL.B.) from Université de Moncton and a Master of Laws in Administrative Law (LL.M.) from Osgoode Hall Law School. A native of the Province of Quebec, she practised public law for several years in New Brunswick and Ottawa. Her specialization in labour and professional discipline saw her representing individuals ranging from tradespeople to federal lawyers and appearing before courts and administrative tribunals.

In recent years, her career has included legislative and judicial translation. She applied her passion for language and the law to translating Canada’s tax legislation for three years at Finance Canada, and later to translating judgments of the Federal Court of Appeal, the Federal Court and the Tax Court of Canada, for a service provider. She also translated New Brunswick judgments and edited numerous translations for a Justice Canada project for the translation of important court decisions in the areas of criminal and family law.

She is the co-author of a primer on British maritime law titled “Le droit maritime” published by Éditions Yvon Blais and Bruylant.

In All Fairness is a Canadian Institute for the Administration of Justice podcast channel welcoming representatives from the legal community and exploring how we can all contribute to improving the administration of justice in Canada. Legal professionals will benefit from informed discussions on key issues, essential knowledge and insights to strengthen their practice.

Visit the upcoming programs section of our website or the online library, or contact us if you want to learn more on administrative law and expand your skills. Numerous programs are available, including a National Roundtable on Administrative law.

Questions and suggestions are always welcome. Please write to info@ciaj-icaj.ca