Administrative Law Section
About the Section
If your clients interact with governments at any level or deal with statutory tribunals and agencies, the Administrative Law Section is the best way for you to improve the legal services that you provide. Regular meetings and newsletters help you stay up-to-date on developments in the law and offer proven practice tips from colleagues and experts. From judicial review and professional discipline to appearances before boards and the courts, the Administrative Law Section is for you.
Click here to get information on the corresponding CBA National Section
Section Executive
Acting Chair
Matthew Maruca
Doctors Manitoba
20 Desjardins Drive
Winnipeg, MB RX3 0E8
Phone: 985-5860
Fax: 985-5844
mmaruca@docsmb.org |
Member-at-Large
Jason Roberts
Fillmore Riley LLP
1700-360 Main Street
Winnipeg, MB R3C 3Z3
Phone: 957-8356
Fax: 954-0356
jroberts@fillmoreriley.com
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Upcoming Section Events
Check back soon.
Past Section Events
November 21, 2011, Noon (Pitblado Law): Researching That Dreaded Question: What Is the Appropriate Standard of Review? Joint Meeting with Legal Research
April 15, 2011, Noon (Law Society Classroom): A Tribunal's view of the Charter: What has changed since R. v. Conway?
November 8, 2010, Noon (Law Society Classroom): The Concurrent Jurisdiction of Administrative Tribunals
February 19, 2010, Noon (Law Society Classroom, 219 Kennedy St.): Tell Me Why: Reasons for Decisions by Administrative Tribunals
Section Reports
2009/2010
2010/2011
Articles Posted Include:
Concurrent Jurisdiction of Administrative Tribunals – PowerPoint Presentation – Kristin Gibson
This presentation provides an overview of the jurisdictional issues that can arise in cases where various administrative tribunals are involved.
Legal Research for Administrative Law Lawyers – Melanie Bueckert & Darla Rettie
Melanie Bueckert and Darla Rettie, Co-Chairs of the new Legal Research Section, made a presentation on tips for performing administrative law research. The Presentation was broken down into 5 parts:
1) What resources are available?
2) What’s the best way to use them? What are their limitations?
3) Where to (really) start
4) Avoiding common errors
5) Citation tips and tricks
They also distributed a listing of many administrative law resources including contact information for all public law libraries in the province, print resources, electronic resources, subscription resources, resources that are charge services, and citation tips and tricks.
March 31, 2003: Professional Discipline, with Leah Kosokowsky, Veronica Jackson and Robert Dawson
A seminar providing advice for lawyers acting for members of a professional association who are being investigated. This piece offers practical advice which follows the process of a discipline case from start to finish.
The advice is broken into 4 parts as follows:
1) Being retained
2) Pre-hearing stage
3) Hearing stage
4) Appeal Stage
April 28, 2003: B.C.'s Administrative Law Project, with Wendi MacKay and Aaron Berg
Speaking notes for Wendi MacKay, Director of the Administrative Law Project, British Columbia
This article outlines the project which was started by the BC Attorney General in 2001. The project was aimed at examining administrative tribunals and developing recommendations for the government for reforming the Administrative Justice institutions and processes. Ms. MacKay discusses the consultation process then goes on to describe the new Administrative Justice office in the Ministry of the AG. Among the central issues under scrutiny is that of appointment to tribunals.
October 15, 2003: How to Serve Administrative Law Clients, with David Matas
David Matas gave an advice seminar to lawyers who practice administrative law. Among other tips on how to better serve clients, he suggests focusing early on in a case, establishing the principals and evidence at the initial level as a judicial review will freeze the record.
April 14, 2004: Access to Information, with Michel Drapeau
Tips for Lawyers on Using the Access to Information Act
Colonel Michel Drapeau provided basic information for lawyers using the Access to Information Act – reading these hints could prevent future headaches. He describes which government organizations/entities are is covered by the Law and what type of records are covered by it. He also notes some types of records which are excluded or exempted from access.
Bill 24: The Securities Amendement Act, by Robert Dawson
Robert Dawson critiques of the new Bill 24 (passed into law in 2003), citing mainly public policy concerns. One of his major issues with the legislation is that it denies victims of misappropriation a cause of action in certain circumstance which was available before the legislation was brought in. S.148.2(3) caps recovery at 100,000$ no matter what financial loss is actually suffered. The only way to get around this problem is to commence legal proceedings before the Securities Commission starts its own hearing. However, Mr. Dawson points out that this is not a desirable solution from a public policy perspective.
Administrative Law Books for Non-Specialists, by Robert Dawson
Noting that Administrative Law is notorious for its constant state of flux, Robert Dawson suggests a good text book may be helpful in navigating the new issues. After interviewing law professors he suggests David Mullan’s Administrative Law.
Professional Discipline Panels and their Decisions, by Robert Dawson
This article contains a short, clear, check-list of issues to watch, for lawyers acting either for an investigated member or for a professional body. The check-list is based on the 2003 Ontario case, Markson v. Ontario College of Teachers.
Seven Habits of Highly-Effective Professional Governance Bodies, by Robert Dawson
This article advises lawyers acting for professional bodies as well as the bodies themselves. Robert Dawson explains some of the underlying principles of administrative law as it pertains to the field of professional governance. He describes how these principles are relevant to the day to day practice of the professional bodies and gives some advice on what they should be doing to educate their discipline panels and deliver appeal-resistant decisions.
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