Constitutional Law/Civil Liberties Law | ONLINE ONLY 

Jun. 30, 2022

Veuillez notez, cet événement ne sera disponible qu'en anglais.

ONLINE MEETING: A New Form of Access to Justice? Trial Lawyers Association of BC V. BC (Attorney General)
This meeting is being hosted by the Constitutional Law/Civil Liberties Law Section

Speaker(s): Sarah Bevan,counsel for the Attorney General of British Columbia
Robin Gage, Managing Partner, Arvay Finlay LLP
Robert Lapper QC, David & Dorothy Lam Chair in Law and Public Policy, UVic Law
Moderator: Tyna Mason, Section Chair
Time: Thursday, June 30, 2022, 12:00pm - 1:00pm (PT)
CPD Hours: 1.00 hour

Please join Sarah Bevan, counsel for the respondent (defendant) Attorney General of British Columbia in this appeal, Robin Gage, counsel for the appellants (defendants) in this appeal, and access to justice expert Robert Lapper QC to discuss constitutional and access to justice issues related to Trial Lawyers Association of British Columbia v British Columbia (Attorney General) 2022 BCCA 163.

The Trial Lawyer’s decision involved the Civil Resolution Tribunal’s (“CRT”) jurisdiction to decide liability and damages for minor injuries resulting from motor vehicle accidents. The Trial Lawyers Association of British Columbia and several plaintiffs in motor vehicle claims had challenged the scheme, arguing in part that the grant of jurisdiction to the CRT offended S. 96 of the Constitution Act, 1867. They argued that the scheme impermissibly granted to the CRT a jurisdiction that was dominated by the superior courts at the time of Confederation. The challenge was successful, with the judge declaring the relevant provisions of the legislation to be of no force or effect. In the recent Court of Appeal decision, the majority of the court allowed the appeal of the Supreme Court decision finding that the impugned scheme is an experiment with a new form of access to justice and represents an integrated comprehensive effort at reform directed at a social mischief identified by other branches of government. 

Territorial Acknowledgement
This event will be broadcast from the traditional and unceded territory of the Coast Salish peoples, including Tsleil-Waututh, Squamish and Musqueam First Nations. We encourage members to explore the rich history and knowledge of Indigenous people, and to continue learning about their experience in Canada past and present.

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