Pre-Conference Workshop

The Fundamentals of Administrative Law

Oct 28, 2013 6:00pm – 

Speakers

Emily Lawrence
Partner
Paliare Roland Barristers

Day 1 - Tuesday, October 29, 2013

8:00
Registration Opens and Coffee Served
9:00
Announcements
9:10
Keynote Speaker: Opportunities for ADR in Administrative Law
10:00
Networking Coffee Break
10:15
Understanding the Current State of the Law on Issue Estoppel and Related Issues
11:15
Important Bias and Conflict-of-Interest Cases of the Year
12:00
Networking Luncheon for Delegates and Speakers
1:15
An Update on Standard of Review
2:15
Networking Coffee Break
2:30
Top Cases of the Year
3:45
Co-Chair’s Remarks
4:00
Conference Adjourns

Day 2 - Wednesday, October 30, 2013

8:30
Coffee Served
9:00
Announcements
9:05
Charter Cases of the Past Year: How have Tribunals Been Applying Doré?
10:00
Networking Coffee Break
10:15
The SCC’s Recent Shift on Standard of Proof: Where Do We Go from Here?
10:45
Ethical Issues for Counsel to Administrative Decision Makers
12:00
Networking Luncheon for Delegates and Speakers
1:15
Unjust by Design? Ron Ellis Discusses his New Book
2:15
Changing Models for Administrative Hearings
3:15
Co-Chair’s Remarks
3:30
Proceedings Conclude

Day 1 - Tuesday, October 29, 2013

8:00
Registration Opens and Coffee Served
9:00
Announcements

Chair:

Nicholas McHaffie
Partner
Stikeman Elliott

9:10
Keynote Speaker: Opportunities for ADR in Administrative Law

The Hon. Michel Shore
Justice of the Federal Court of Canada

  • Ensuring opportunities for ADR are not missed
  • Creating opportunities for ADR by thinking “out of the box”
  • New mediation initiatives in Canada and internationally
  • When is mediation inappropriate?

10:00
Networking Coffee Break
10:15
Understanding the Current State of the Law on Issue Estoppel and Related Issues

Valerie Jepson
Counsel
Office of the Integrity Commissioner of Ontario

  • Penner at the SCC: What will it mean in practice?
  • When are courts finding proceedings to be premature?
  • Abuse of Process
  • Collateral Attack
  • An update on Telezone and related cases
  • Discretionary bars
  • When may an administrative decision maker, absent statutory authority to reconsider, reopen a final decision when that decision-maker would otherwise be functus officio?

11:15
Important Bias and Conflict-of-Interest Cases of the Year

Cynthia Amsterdam
Partner
Dentons Canada LLP, Calgary

  • Bias based on legal practice history of decision maker
  • Bias on reconsideration
  • Municipal conflict of interest
    • The Rob Ford case
    • The fightin’ McCallions

12:00
Networking Luncheon for Delegates and Speakers
1:15
An Update on Standard of Review

Nicholas McHaffie
Partner
Stikeman Elliott

  • What standard of review applies when a tribunal’s own appeal body reviews a decision at first instance?
    • What degree of deference, if any, is owed?
  • Deference where there is shared jurisdiction
  • Deference with respect to interpreting international law
  • Deference on questions of procedural fairness
  • Is reasonableness the default standard?
  • Interpretation of home statutes
  • Defining reasonableness

2:15
Networking Coffee Break
2:30
Top Cases of the Year

  • Procedural fairness cases of the past year
    • Public procurement
    • Self-represented individuals
  • Adequacy of reasons
  • Credibility findings by tribunals
  • Enforcement discretion
  • Administrative proceedings and the common law
  • Implications for decision makers of the Moore case at the SCC
  • Developments on AMPs
  • Prerogative powers of the federal government
  • UK developments
    • Failure to exercise a discretionary power

3:45
Co-Chair’s Remarks
4:00
Conference Adjourns

Day 2 - Wednesday, October 30, 2013

8:30
Coffee Served
9:00
Announcements

Chair:

Nicholas McHaffie
Partner
Stikeman Elliott

9:05
Charter Cases of the Past Year: How have Tribunals Been Applying Doré?

  • Recent cases
  • Availability of Charter remedies in the administrative context
  • For extradition decisions, are the courts applying an administrative law approach or a Charter mobility-rights approach?
  • Statutory override of authority to hear Charter issues
    • Have any tribunals requested this in periodic statutory reviews?
    • How override has worked in B.C.

10:00
Networking Coffee Break
10:15
The SCC’s Recent Shift on Standard of Proof: Where Do We Go from Here?

Christopher Wirth
Counsel
Keel Cottrelle LLP

The Supreme Court of Canada recently reversed its position of only a few years ago on the standard of proof for administrative tribunals. What will this mean in practice?

  • Review and analysis of other key recent cases on burden and standard of proof

10:45
Ethical Issues for Counsel to Administrative Decision Makers

Sean Gaudet
Senior Counsel
Justice Canada, Public Law Section

Malliha Wilson
Assistant Deputy Attorney General, Legal Services Division
Ministry of the Attorney General

  • Advising on reasons: What are the limits?
  • Issues for outside counsel to tribunals
  • Who is the client of tribunal counsel?
    • Is it an individual member, the tribunal chair, or the tribunal as an institution?
    • Does solicitor-client privilege exist between tribunal counsel and a tribunal member seeking advice from that counsel? Does the answer depend on the statutory framework?
    • Advising the board when there is a disagreement among tribunal members
  • What is the proper role of tribunal counsel as a source of information for performance assessment of a tribunal member?
  • Reconciling sometimes conflicting duties
    • The rules of professional conduct, including solicitor-client privilege
    • Duty of loyalty to the employer
    • Duty to the public as a public servant: defining the public interest
    • The sometimes difficult task of “speaking truth to power”

12:00
Networking Luncheon for Delegates and Speakers
1:15
Unjust by Design? Ron Ellis Discusses his New Book

Ron Ellis Q.C.‚ Ph.D.
Author, Unjust by Design: Canada's
Administrative Justice System

Ron Ellis’s recently published, controversial book, Unjust by Design, demands fundamental reform of Canada’s administrative justice system and presents a large number of novel administrative law issues that no administrative lawyer will want to miss. In this session, the author, a respected administrative justice system insider, will present and defend the book’s main themes and issues. He’ll also touch on recent developments in the U.K. and Canada.

2:15
Changing Models for Administrative Hearings

Jenny Restoule-Mallozzi
Legal Counsel
Union of Ontario Indians

Margot Ballagh
Vice Chair, Income Security
Social Security Tribunal

  • The benefits and challenges of active adjudication
  • Best practices for tribunals with an inquisitorial model
  • Using non-adversarial models
    • Sharing circles

3:15
Co-Chair’s Remarks
3:30
Proceedings Conclude