This session is presented by the CBANB Administrative Law Section

This session will take a step back and examine foundational principles of administrative law from a practical perspective. What is the constitutional basis for judicial review? What does it mean for an administrative decision-maker to act within the limits of its lawful authority? What role do legislatures play in defining and attempting to limit the scope of judicial review? And where do courts fit within that structure?

We’ll use recent developments to explore these questions, including the Supreme Court of Canada’s decision in Democracy Watch v. Canada (Attorney General), 2026 SCC 28, which addresses the constitutional guarantee of judicial review and the limits of privative clauses. We’ll also consider Minister of Justice and Public Safety v. Forum des maires de la Péninsule acadienne Inc., 2025 NBCA 99, a significant New Brunswick decision involving the application of Charter values, the exercise of ministerial discretion, and judicial review of that discretion. The Supreme Court has now granted leave in that case, making its underlying questions particularly timely.

This session is a practical refresher for lawyers: a chance to step back from the details and revisit the basic principles that give administrative law its shape, and to consider where those principles may be taking us next.

CHAIR

Destiny Grant., Pink Larkin

SPEAKER

John MacCormick,Université de Moncton

LOG IN DETAILS & DOCUMENTS

Once you complete your registration for this webcast, you will receive a confirmation email containing the log-in instructions.

All session materials will be available on the PD website (www.cbapd.org) 24 hours before the webcast. To access them, please log in to the website, navigate to "My Programs," locate the session title, and click on the "Papers" tab.

CANCELLATION POLICY

A 20% administrative fee will apply to cancellations received in writing by the CBA-NB Branch office up to three (3) business days before the program. After that, no refunds will be issued, but materials and recordings (if available) will be provided. You may substitute another person in your place if you are unable to attend. ABC-NB-CBA reserves the right to cancel sessions due to low registration.

CPD

This session may qualify for up to 1.5 hours of mandatory Continuing Professional Development.