In-Depth Analysis of Vavilov at the Most Chevron-double-rightImportant Event in the History of the Series Calendar-altOctober 28–29, 2020 Virtual Conference (eastern time) ADVANCED ADMINISTRATIVE LAW & PRACTICE EARN CPD CREDITS Hear from an Elite Panel of Distinguished Speakers from Administrative Bodies: Former and Current Judges: Julie Baril J. Scott Mackenzie, Q.C. Director of Legal Affairs Chair and CEO The Right Honourable Tribunal administratif PEI Regulatory & Beverley McLachlin P.C, C.C. du Québec Appeals Commission Judge Ian Demers Michael H. Morris Singapore International Commercial Court » Thorough analysis of Senior Counsel Senior General Counsel Vavilov and its implications and Hong Kong Court of Final Appeal Justice Canada Justice Canada Former Chief Justice of the Supreme Court of for administrative bodies Canada (2000-2017) David Field Tim Moseley President and CEO Vice Chair » Timely COVID-related The Honourable Legal Aid Ontario Ontario Securities content on operating Marshall Rothstein C.C., Q.C. Commission in the context of the Darren McLeod Partner pandemic and beyond Legal Counsel Shannon Salter Osler, Hoskin & Harcourt LLP Immigration and Refugee Chair » Diverse perspectives: Former Justice of the Supreme Court of Board of Canada BC Civil federal and provincial Canada (2006-2015) Resolution Tribunal decision-makers, Michael Gottheil Chief of the Commission Gail Sinclair judges, professors, The Honourable and external counsel Lorne Sossin and Tribunals General Counsel Alberta Human Justice Canada Judge …and much more! Rights Commission Ontario Superior Court of Justice a C5 Group Company CanadianInstitute.com/AdministrativeLaw • 1 877 927 7936 Business Information in a Global Context Canadian administrative law EARN CPD has entered a new era. CREDITS This program contains 0.5 EDI ith the Supreme Court’s decision in Vavilov, administrative bodies must grapple with Professionalism increased scrutiny of their reasoning in rendering decisions. The extensive criteria Hours for “reasonableness” appear to demand much more of decision-makers, who do not always have legal training, and bodies that are subject to statutory appeals must Legal Accreditation face an even more burdensome correctness standard. This 2-day conference program can be applied towards 9 of the WThe Canadian Institute’s 20th Annual Conference on Advanced Administrative Law and Practice 9 substantive hours and 2 of returns this year to help you make sense of these developments, understand how you are affected, the 3 professionalism hours of and make your decision-making as resistant as possible to fierce judicial review. annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. You will hear from and connect with an outstanding line-up of speakers including federal and provincial Members will also receive an decision-makers, former Supreme Court Justices, academic experts, and law firms. additional 3 substantive hours for the post-conference workshop. The same number of hours may Key program highlights include: Plus, do not miss timely discussion be applied to your continuing legal educational requirements of other topics including: in British Columbia. » Why the court invokes “impact on the The Barreau do Québec recognizes individual” to assess reasonableness » The status of the law on independence this training activity, the latter » How judicial review of arbitration decisions, in adjudication having been accredited by another Law Society subject to the MCLE. ministerial discretion, and subordinate » Operational challenges in the context of legislation will change the pandemic and beyond For Alberta lawyers, consider including this course as a CPD » What decisions rendered by lower courts » Tribunals’ obligations to self-represented learning activity in your mandatory since December 2019 reveal about the parties annual Continuing Professional application of Vavilov Development Plan as required by the Law Society of Alberta. We hope you will join us to celebrate the 20th anniversary of the premier national administrative law The Law Society of Saskatchewan conference for an unparalleled learning and networking experience. recognizes another province’s CPD credits so long as the hours are submitted to the Director of Admissions & Education for Do not delay—register today by phone at 1-877-927-7936 or approval. online at www.CanadianInstitute.com/AdministrativeLaw 2 | #CIAdminLaw twitter: @CI_Legal linkedin: The Canadian Legal Network DISTINGUISHED FACULTY CONFERENCE CO-CHAIRS: DISTINGUISHED SPEAKERS: Ian Demers Nadia Effendi John Buhlman Barbara Jackman Senior Counsel Partner Partner Senior Lawyer Justice Canada Borden Ladner Gervais LLP WeirFoulds LLP Jackman & Associates Geneviève Cartier Brandon Kain ADMINISTRATIVE BODIES: Professor Partner University of Sherbrooke McCarthy Tetrault LLP Julie Baril Darren McLeod Director of Legal Affairs Legal Counsel Paul Daly Matthew Lewans Tribunal administratif du Québec Immigration and Refugee Board Research Chair in Administrative Associate Professor of Canada Law and Governance University of Alberta David Field University of Ottawa President and CEO Michael H. Morris Audrey Macklin Legal Aid Ontario Senior General Counsel Shaun Charles Fluker Director, Centre for Criminology Justice Canada Associate Professor and Sociolegal Studies; Professor Michael Gottheil University of Calgary of Law and Chair in Human Rights Chief of the Commission Tim Moseley University of Toronto and Tribunals Vice Chair Ruth Goba Alberta Human Ontario Securities Commission Former Executive Director K. Michael Stephens Rights Commission Black Legal Action Centre Senior Litigation Counsel Shannon Salter Former Tribunal Member Hunter Litigation Chambers J. Scott Mackenzie, Q.C. Chair and Commissioner Chair and CEO BC Civil Resolution Tribunal Alyssa Tomkins PEI Regulatory & Jordan Goldblatt Partner Gail Sinclair Appeals Commission Managing Partner Caza Saikaley LLP General Counsel Adair Goldblatt Bieber LLP Justice Canada Cara Faith Zwibel Andrea Gonsalves Director, Fundamental FORMER AND CURRENT JUDGES: Partner Freedoms Program Stockwoods LLP Canadian Civil The Right Honourable The Honourable Liberties Association Beverley McLachlin P.C, C.C. Marshall Rothstein C.C., Q.C. Judge Partner Singapore International Osler, Hoskin & Harcourt LLP Commercial Court and Hong Former Justice of the Supreme Kong Court of Final Appeal Court of Canada (2006-2015) Former Chief Justice of the Supreme Court of Canada The Honourable Lorne Sossin (2000-2017) Judge Ontario Superior Court of Justice a C5 Group Company CanadianInstitute.com/AdministrativeLaw • 1 877 927 7936 Business Information in a Global Context DAY 1 Wednesday, October 28, 2020 (Eastern Time) 9:15 • The significance of the majority’s demotion of expertise as a 12:30 S Opening Remarks from the Conference Co-Chairs rationale for deference Why the Court Invokes “Impact on the Individual” • Indicia of [un]reasonableness, and the ways in which the court’s conception of reasonableness in Vavilov departs from Dunsmuir to Assess Reasonableness in Vavilov: Reasons Microphone-alt Ian Demers, Senior Counsel, Justice Canada and post-Dunsmuir jurisprudence and Consequences of the Court’s Novel Criterion • Implications for review of the exercise of discretion Nadia Effendi, Partner, Borden Ladner Gervais LLP in Judicial Review • Linkages between Vavilov and procedural fairness doctrine: toward a unified public law? Microphone-alt Geneviève Cartier, Professor, University of Sherbrooke 9:30 20TH ANNIVERSARY JUDICIAL KEYNOTE PANEL S 11:00 Break The Supreme Court determines that decision-makers must Reflections on How Canadian Administrative Law grapple with the consequences of a “severe or harsh” decision for and Practice Has Evolved in the Past Two Decades 11:30 the affected individual, and that failure to do so may render that and New Questions to be Resolved Moving Forward S decision unreasonable. What are the reasons for this move and Practical Implications of Vavilov for Adjudicative what challenges does it pose? This session will address: Bodies: How to Interpret the Duty to Provide Reasons Microphone-alt The Right Honourable Beverley McLachlin P.C, C.C., • The sources of tensions in administrative decision-making that Judge, Singapore International Commercial Court and led to the decision in Vavilov and how considering the individual Hong Kong Court of Final Appeal, Former Chief Justice Microphone-alt Michael H. Morris, Senior General Counsel, aims to resolve some of these tensions of the Supreme Court of Canada (2000-2017) Justice Canada • Ambiguities surrounding the court’s definition of “severe or harsh” consequences and how decision-makers are meant The Honourable Marshall Rothstein C.C., Q.C., Partner, Tim Moseley, Vice Chair, Ontario Securities Commission to demonstrate their consideration of these consequences • Why it may be difficult to justify this novel invocation Osler, Hoskin & Harcourt LLP, Former Justice of the In Vavilov, the court asserts that reasonableness review must be of individual Supreme Court of Canada (2006-2015) founded in “the principle of judicial restraint” while still constituting “a robust form of review.” Although it generally insists on the • New tensions that arise from this jurisprudential approach The Honourable Lorne Sossin, Judge, Ontario Superior importance of deference, it sets exhaustive criteria for determining to assessing reasonableness Court of Justice the reasonableness of a decision. Notably, the court