Canadian Institute for the Administration of Justtice - 2009 Roundtable on Administrative Law

Jeff Cowan
5/29/2009
9:00 a.m. - 5:00 p.m.
The Prince George Hotel, Halifax, Nova Scotia

This year's roundtable will explore the impact of the Supreme Court of Canada's 2008 judgment in Dunsmuir v. New Brunswick, 2008 SCC 9 on the substantive review of administrative decision making. Speakers include:

Gerald Heckman, Professor, Faculty of Law, University of Manitoba will present his paper entitled "Dunsmuir and substantive review: implications and impact" which will examine Dunsmuir's effect on the following aspects of the Standard of Review analysis:

• the role of precedent in establishing the standard of review;
• the relative importance of the statutory mechanism of review, the expertise of the decision maker, the purpose of the statute and the nature of the question;
• the Supreme Court's renewed engagement with the concept of "true questions of jurisdiction";
• the review of discretionary decisions;
• the application of statutory standards of review; and
• the nature of reasonableness review, including whether this standard now comprises a spectrum of degrees of deference.

The Honourable Justice Katherine Swinton, Superior Court of Justice of Ontario, will comment on Professor Heckman's presentation from the perspective of the bench and will provide practical advice on what a reviewing judge looks for in the reasons for decision provided by tribunals and other administrative decision makers.

Jeff G. Cowan, Partner, Weir Foulds LLP, will comment from a practitioner's perspective.