Constitutional and Administrative Law
The Constitutional and Administrative Law Group:
- appears on behalf of government in court and before administrative tribunals on constitutional and administrative law matters;
- prepares formal constitutional opinions on Charter and division of powers issues;
- reviews legal opinions prepared by other members of the branch that may have a constitutional or administrative law component;
- provides legal advice on freedom of information and protection of privacy issues;
- provides submissions to the Information and Privacy Commission;
- deals with expropriations and related matters;
- provides advice on public and private international law matters;
- provides legal advice to other Branch lawyers on intellectual property issues;
- conducts Rowbotham applications for state-funded defence counsel in criminal matters;
- conducts appeals from discretionary driving prohibitions imposed by the Superintendent of Motor Vehicles under the Motor Vehicle Act; and
- appears on behalf of the Superintendent of Motor Vehicles and the Attorney General in challenges to the decisions of adjudicators who review three-month administrative driving prohibitions (for over .08 or refusal to blow).
Constitutional and Administrative lawyers appear on behalf of the government before all levels of courts.
A student on rotation with the Constitutional and Administrative Law Group might:
- appear for government before administrative tribunals;
- conduct a Rowbotham application for state-funded defence counsel in a criminal matter; and
- research and draft legal opinions.
Examples of the Types of Cases On Which You May Work
- Health Services and Support – Facilities Subsector Bargaining Association v. HMQ (the Bill 29 case), a constitutional challenge to the Health and Social Services Delivery Improvement Act, S.B.C. 2002, c. 2, that was heard by the Supreme Court of Canada in February, 2006.
- Christie v. A.G.V.C & HMQ in right of Canada (the Legal Services Tax Case), a constitutional challenge to the imposition of Provincial sales tax to legal services that was decided in favor of the plaintiff at the B.C. Court of Appeal and is currently on appeal to the Supreme Court of Canada.
- Sumas Energy 2 v. National Energy Board, et al. (the Sumas 2 case), an appeal to the Federal Court of Appeal by Sumas Energy 2 of the National Energy Board’s refusal to authorize the construction of the Canadian portion of an international power line originating at a proposed gas-fired generating station to be built by Sumas Energy 2 in Washington State.
What Former Students Say About Their Experiences at
Constitutional and Administrative Law
"The highlight of my rotation with Con/Admin was attending a very high level litigation strategy meeting. It was very interesting to learn about all the different aspects that shape the strategy. This meeting also made me realize how judgments can impact the day to day functions of ministries."
~ Darcie - Articled Student - 2005-2006
