The section’s annual conference has been a much-anticipated event for over 20 years. Usually held in-person in Ottawa, this year’s event looked a little different. On November 2, 2021, more than 125 practitioners and academics from around the country gathered virtually for the first Administrative Law Online Symposium. Participants had the opportunity to attend three webinars focused on the latest trends and updates in our constantly changing area of the law.
The first webinar was a lively discussion between two of Canada’s foremost authorities on administrative law, the Honourable Justice David Stratas of the Federal Court of Appeal and Professor Paul Daly from the University of Ottawa. They provided a comprehensive (and entertaining) update of administrative law court decisions from across the county, with a focus on the fallout from the Supreme Court of Canada’s realignment of standard of review in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65.
The second webinar brought together three panelists – Kim McNab, counsel for the Alberta Utilities Commission; Anna Wong, former Lead Counsel of Professional Conduct at the Immigration Consultants of Canada Regulatory Council; and Rebecca Durcan, partner at Steinecke Maciura LeBlanc – to offer practical approaches for participating in online administrative law proceedings. Moderated by Patricia Harper, lawyer at Keel Cottrelle LLP, the panel considered a variety of topics, including how to prepare for an online hearing, special considerations for the examination of witnesses, and tips for advocates appearing electronically before administrative tribunals. All of the panelists agreed that, although we do not yet know to what extent, electronic hearings before administrative bodies are here to stay.
The third and final webinar, moderated by Marion Sandilands, lawyer at Conway Litigation, brought together the Commissioners in ethics and lobbying from three different levels of government РNancy B̩langer, the Commissioner of Lobbying of Canada, Charles Murray, the Integrity Commissioner of New Brunswick, and Cristina De Caprio, the Lobbyist Registrar for the City of Toronto. Although the panelists have similar titles, they operate in very different statutory and political contexts. Through an interactive Q & A format, the panelists compared their respective mandates, powers and obligations as set out in their home statute, put their roles into the social and political context, and identified some key limits and challenges. Of particular interest to administrative lawyers, the panelists elaborated on their roles and obligations with respect to investigations and identified some ethical considerations for lawyers practicing in the field.
Stay tuned for details on the fall 2022 program, which will hopefully take place in-person in Ottawa.
Sara Hanson is a Senior Associate with Moore Edgar Lyster LLP and is the Communications Officer of the CBA Administrative Law section.