Conference Program
Flip through our 2021 conference brochure and discover what’s new this year.

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Day 1 - Wednesday, October 27, 2021

10:00
Opening Remarks from the Co-Chairs
10:15

KEYNOTE ADDRESS

Overcoming Barriers and Encouraging Opportunities for Diversity in Administrative Law
10:45

HYPOTHETICAL SCENARIOS

Top 5 Most Complex Charter Challenges and How to Resolve Them
11:45
Break
12:15
Examining Charter Rights amid a Pandemic: What is the Government’s Scope of Emergency Powers to Restrict and Restrain Freedoms?
1:15
Meet-and-Greet Open Discussion
1:30
Break
2:00
Ethical Advocacy, Professionalism and Decorum: Dos and Don’ts in a Virtual Court
3:00

OPEN DISCUSSION

The Future of Administrative Tribunals Work in a Post-COVID-19 Virtual Workplace
3:45
Break
4:15
Administrative Monetary Penalties (AMPs): How to Effectively Apply Investigative and Enforcement Strategies
5:15
Inside the Top 5 Case Law Developments Post-Vavilov: A Practical Review of Procedural Fairness and Reasonableness
6:15
Closing Remarks from the Co-Chairs

Day 2 - Thursday, October 28, 2021

10:00
Opening Remarks from the Co-Chairs
10:15

THINK TANK

How to Successfully Grow a Diversity Program: Recruiting and Retaining Candidates in Administrative Law and Creating a System of Inclusion
11:15

CASE STUDIES AND SCENARIOS

Mentoring Best Practices: Dos and Don’ts for Lawyers and Paralegals
11:45
1:1 Meet a Mentor Networking Session
12:00
Break
12:30
Advising on Overlapping Administrative Regulatory, Civil and Criminal Processes
1:30

PANEL

How to Address the Most Complete Solicitor-Client Privilege and Confidentiality Challenges
2:30
Break
3:00

HYPOTHETICAL SCENARIOS

Client Services Duties toward Self-Represented Litigants
3:45

LIVE AUDIENCE POLLING

Inside the Top 5 Challenges Vulnerable People Experience When Interacting with the Justice System and Finding Solutions
4:30
Break
4:45
Emerging Developments in Immigration and Refugee Case Law and the Broader Implications in an Administrative Law Context
5:45
Closing Comments from the Co-Chairs

Post-Conference Workshop

How to Write Reasons after Vavilov: Defensible Decisions, Access to Justice and Plain Language

Oct 29, 2021 10:00am – 1:30pm

Speakers

Paul Aterman
Chairperson
Social Security Tribunal

Angus Grant
Assistant Deputy Chairperson - Refugee Appeal Division
Immigration & Refugee Board of Canada

Day 1 - Wednesday, October 27, 2021

10:00
Opening Remarks from the Co-Chairs

Ian Demers
General Counsel
Justice Canada

Lori Sterling
Senior Counsel
Bennett Jones
Former Associate Deputy Minister, Justice Canada

10:15

KEYNOTE ADDRESS

Overcoming Barriers and Encouraging Opportunities for Diversity in Administrative Law

Harry S. LaForme
Senior Counsel
Olthuis Kleer Townshend LLP
Justice, Ontario Court of Appeal (ret.)

10:45

HYPOTHETICAL SCENARIOS

Top 5 Most Complex Charter Challenges and How to Resolve Them

Paul Daly
Research Chair in Administrative Law & Governance
University of Ottawa

Jennifer Klinck
Partner
Juristes Power Law

Christian Leblanc
Partner
Fasken Martineau DuMoulin LLP

Explore case studies and hypothetical scenarios to discover what practical applications could find continued use beyond pandemic restrictions.

  • Maintaining the integrity of evidence
  • Equality for people with disabilities
  • Right to an in-person hearing and right to a hearing in a reasonable time, for those unable to attend
  • Developments in juris prudence

11:45
Break
12:15
Examining Charter Rights amid a Pandemic: What is the Government’s Scope of Emergency Powers to Restrict and Restrain Freedoms?

Ian Demers
General Counsel
Justice Canada

Rahool P. Agarwal
Partner
Lax O'Sullivan Lisus Gottlieb

Nadia Effendi
Partner
Borden Ladner Gervais LLP

  • Examining the government’s authority to issue restrictions to a person’s “life, liberty or property” and what is a protected liberty? 
  • Restricting travel across provincial boarders with a look at Taylor v. Newfoundland and Labrador, 2020
  • Challenging the federal quarantine hotel policy with a look at:
    • Canadian Constitution Foundation v Attorney General of Canada, 2021 ONSC
    • Spencer v. Canada (Attorney General)
  • Challenging in-person attendance for children attending school, with a look at:
    • Karounis c. Procureur général du Québec, 2020 QCCS
  • Government authority to limit spread of virus in penitentiaries, including self-isolation, with a look at:
    • Cyr c. Pilon, 2020 QCCS 1645, autor. ref. 2020 QCCA
  • Challenging curfew restrictions with a look at:
    • Desrochers c. Procureur général du Québec, 2021 QCCS 311, par. 61–66, autor. ref. 2021 QCCA
    • Lévesque c. Procureur général du Québec, 2021 QCCS
  • Restricting freedom of religion and freedom of assembly rights, with a look at Conseil des juifs hassidiques du Québec c. Procureur général du Québec
  • Challenges to workplace restrictions as a result of the pandemic:
    • Sharma v City of Toronto and duty to accommodate
    • Ontario Infectious Diseases Emergency Leave
    • Ontario Mandatory Immunization Policy in Long Term Care Home

1:15
Meet-and-Greet Open Discussion

Speakers and delegates are invited to join an open discussion room. Turn on your camera and audio.

This session will not be recorded.

1:30
Break
2:00
Ethical Advocacy, Professionalism and Decorum: Dos and Don’ts in a Virtual Court

The Hon. Mary T. Moreau
Chief Justice
Court of Queen's Bench of Alberta

The Hon. Karen M. Horner
Justice
Court of Queen's Bench of Alberta

  • Practicing with civility in the courtroom or the boardroom
  • Treating the court, tribunal, opposing counsel, parties and others with courtesy and respect
  • Encouraging respect for legal institutions or authorities
  • Complying with parameters for acting as a witness
  • Complying with parameters for communicating with witnesses giving evidence

3:00

OPEN DISCUSSION

The Future of Administrative Tribunals Work in a Post-COVID-19 Virtual Workplace

Nathalie Théberge
Vice-Chair and CEO
Copyright Board of Canada
Vice-Chair
Council of Federal Tribunal Chairs (CFTC)

François Levert
Regional Vice-Chairperson – Atlantic Region
Parole Board of Canada

During this session, we will explore the results of a survey on the impact of the COVID-19 pandemic on federal administrative tribunals conducted by the Council of Federal Tribunal Chairs (CFTC). We will also see how the Parole Board of Canada was successful in addressing some of the challenges created by the pandemic, notably in regard to dealing with populations with particular needs. Attendees are invited to turn on their camera and audio as this session will not be recorded.

  • Addressing challenges when adapting to virtual hearing environments
  • Accommodate the needs and characteristics of certain populations
  • Overcoming hurdles encountered in facilitating the participation of other stakeholders, for example victims and assistants, to have them engage meaningfully in a virtual parole review process, will be discussed.

3:45
Break
4:15
Administrative Monetary Penalties (AMPs): How to Effectively Apply Investigative and Enforcement Strategies

Luc Bélanger
Chair
Council of Federal Tribunal Chairs (CFTC)
Chairperson
Canada Agricultural Review Tribunal

Daniel Stern
Director, Regulatory Law and Policy
TELUS

  • A look at Bill C-10 An Act to amend the Broadcasting Act (2020) which allows the CRTC to impose administrative monetary penalties (AMPs) for violations for non-compliance with regulations or orders
  • Developing AMP regimes with administrative law principals
  • Delineating compliance, inspection and enforcement powers
  • Ensuring procedural fairness, including ensuring the parties ability to respond and ensuring an impartial decision-maker

5:15
Inside the Top 5 Case Law Developments Post-Vavilov: A Practical Review of Procedural Fairness and Reasonableness

Hadayt Nazami
Partner
Nazami & Associates

Colleen Bauman
Partner
Goldblatt Partners LLP

  • Examining the Supreme Court of Canada’s landmark decision in Canada (Minster of Citizenship and Immigration) v. Vavilov, (2019)
  • Examining the statutory appeal rights and the standard of correctness with a look at:
    • Bell Canada v. Canada (Attorney General) 2019 SCC
    • Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC
    • National Football League, et al. v. Attorney General of Canada
  • Establishing clarity when reviewing an administrative decision under the responsibleness standard and rebutting the presumption of reasonableness
  • What can trigger the court to quash a decision? Can the court quash as law?

6:15
Closing Remarks from the Co-Chairs

Day 2 - Thursday, October 28, 2021

10:00
Opening Remarks from the Co-Chairs
10:15

THINK TANK

How to Successfully Grow a Diversity Program: Recruiting and Retaining Candidates in Administrative Law and Creating a System of Inclusion

Edith Bramwell
Chairperson
Federal Public Sector Labour Relations and Employment Board

Richard D. Sharpe
Director, Equity, Anti-racism, Diversity and Inclusion
Justice Canada

  • Value of diversity and inclusion
  • Understanding power and privilege, unconscious bias or cultural homophily
  • Impact of daily verbal, behavioural and environmental indignities
  • Special responsibilities of lawyers and paralegals to respect the human rights laws in force in Ontario
  • How to prevent and address discrimination and harassment
  • Best practices for workplace diversity and inclusion

11:15

CASE STUDIES AND SCENARIOS

Mentoring Best Practices: Dos and Don’ts for Lawyers and Paralegals

Barbara de Dios
Head of Mentorship
Global Lawyers of Canada
Corporate Counsel
Canadian Dental Services Corporation

Maneesha Gupta
Mentorship Chair and Board of Directors
Federation of Asian Canadian Lawyers
Legal Counsel
TD Bank

A look at how mentorships are addressing the challenge of under-represented and marginalized communities in the legal profession and how mentorship programs are fostering diverse and inclusive culture.

  • How mentorship programs are fostering diverse and inclusive culture

11:45
1:1 Meet a Mentor Networking Session

A unique face-to-face virtual learning experience that will allow you to receive professional guidance or offer it as a mentor. Come camera ready for an informal 1-on-1 conversation about honing skills and building your career. This is a great opportunity to foster growth within the industry and make a new connection. Mentors and Mentees will be randomly matched during a 15-minute discuss. Participants are encouraged to turn on their camera and audio for a face-to-face discussion and click connect to share contact details.

To participate* as either a mentor or a mentee, email Desiree Finhert at [email protected].

*Participation in this networking session is for registered delegates only.

12:00
Break
12:30
Advising on Overlapping Administrative Regulatory, Civil and Criminal Processes

Justin H. Nasseri
Founding Partner
Ross Nasseri LLP
Chair, Civil Litigation Executive Committee
Ontario Bar Association

Brennagh Smith
Acting Practice Lead, Prosecutions
City of Toronto, Legal Services

  • Use of dispositions and findings of fact—what use can be made of a decision from one proceeding in another? (e.g. the use that can be made of criminal acquittals and convictions, no contest pleas, findings of professional misconduct, and civil judgments)
  • Use of evidence and investigation materials—what, if any use can be made of evidence and findings from related cases? (e.g. the use of material from disciplinary proceedings in courts, the use of evidence from criminal or civil proceedings, the use of discovery and other transcript evidence, and use of information collected by other enforcement authorities)
  • Strategic and ethical issues for overlapping or related proceedings
    • Advising clients on fighting a multi-front battle;
    • Strategic issues around procedure and timing (e.g. can one type of case be stayed or adjourned pending another and how)
  • Ethical issues around advising clients on their options and whether to choose one or more routes (criminal complaint, regulatory complaint, civil action)
    • Impact of collateral attack jurisprudence and the doctrine of exhaustion

1:30

PANEL

How to Address the Most Complete Solicitor-Client Privilege and Confidentiality Challenges

Christopher Rootham
Partner
Nelligan Law

Carolyn Slon
Senior Legal Counsel, Office of the Secretary
Ontario Securities Commission

Ensuring openness and transparency in administrative proceedings and taking into account privacy concerns and confidentiality issues can be a delicate balance. This session will explore topics including:

  • The “Open Court” principle and administrative tribunals
  • The applicable statutory framework
  • Protecting personal information—additional concerns in a digital age
  • Confidentiality orders under the Tribunal Adjudicative Records Act, S.O. 2019, c. 7, Sched. 60— recent case law and best practices for parties making confidentiality requests and tribunal panels making confidentiality orders
  • Dealing with privilege issues before an administrative tribunal (solicitor-client privilege, litigation privilege and settlement privilege)

2:30
Break
3:00

HYPOTHETICAL SCENARIOS

Client Services Duties toward Self-Represented Litigants

Jennifer Khurana
Chair
Canadian Human Rights Tribunal

Shannon Salter
Chair
Civil Resolution Tribunal

Marisa Victor
Vice-Chair
Landlord and Tenant Board, Fire Safety Commission
Member
Animal Care Review Board and Licence Appeal Tribunal

With self-represented individuals appearing before tribunals and courts in important numbers, it is important that they be able to fairly navigate these institutions. This session will address practical ways of assisting such parties throughout the administrative process, and particularly in hearings through a series of hypothetical scenarios. Making A2J meaningful for SRLs – strategies for Tribunals and client services:

  • Exploring how plain language is critical for ensuring that self-represented litigants have meaningful access to processes
  • Analyzing how logistics such as access to technology does not always equate to A2J
  • Building core competencies in adjudicators to work with SRLs
  • Discussing active adjudication through the lifecycle of a file
  • Examining what front-line staff can teach us about the needs of self-represented litigants
  • Consulting your users – why data is important to inform changes to improve the service you provide to SRLs

3:45

LIVE AUDIENCE POLLING

Inside the Top 5 Challenges Vulnerable People Experience When Interacting with the Justice System and Finding Solutions

Michelle Alton
General Counsel
Workers' Compensation and Workers' Compensation Appeals Tribunal

Karen E. Andrews
Staff Lawyer
Advocacy Center for Tenants Ontario

Michael Gottheil
Chief of the Commission and Tribunals
Alberta Human Rights Commission

Kelly J. Serbu Q.C.
Counsel
Serbu Law Firm Limited

Participate in real-time anonymous polling.

  • Defining what circumstances identifies a person as being vulnerable, either prior to their interaction with the justice system, or because of it
  • Establishing a fine balance for providing information and meaningful access and participation while maintaining fairness
  • Identifying human rights issues and procedural fairness challenges

4:30
Break
4:45
Emerging Developments in Immigration and Refugee Case Law and the Broader Implications in an Administrative Law Context

Andrew Brouwer
Senior Counsel, Refugee Law
Office of Legal Aid Ontario

Maureen Silcoff
Past President
Canadian Association of Refugee Lawyers
Instructor, Immigration and Refugee Law
Lincoln Alexander School of Law

Heather Gibbs
Assistant Deputy Chairperson, Immigration Division
Immigration and Refugee Board of Canada

Antoine Collins
Member (Adjudicator), Refugee Protection Division
Immigration and Refugee Board of Canada
President
Ottawa Chapter, Canadian Black Lawyers Association

Federal Court of Appeal issued a decision in Canada (Citizenship and Immigration) v. Canadian Council for Refugees, 2021 FCA 72 reaffirming that the application of the Safe Third Country Agreement at Canadian and U.S. land ports of entry remains in effect.

  • Redefining jurisdiction
  • Challenging state action
  • What is open to review

5:45
Closing Comments from the Co-Chairs

How to Write Reasons after Vavilov: Defensible Decisions, Access to Justice and Plain Language

Oct 29, 2021 10:00am – 1:30pm

Paul Aterman
Chairperson
Social Security Tribunal

Angus Grant
Assistant Deputy Chairperson - Refugee Appeal Division
Immigration & Refugee Board of Canada

What is it about?

Join this interactive small-group experience. The first 90 minutes of this session will be instructive, followed by a 30-minute refreshment break. The last two hours of this session will include interactive exercises to develop real-world decision-writing skills. Delegates will be invited to share their audio and video.

  • Meaningful ways administrative tribunals can justify decision making
  • Ensuring fairness, quality and consistency in decision making
  • Articulating your interpretation and fully explaining your decision and writing effective decisions
  • Finding efficiency in writing decisions amid high-traffic tribunals
  • Establishing your board’s expertise
  • Exploring the standard of “correctness”
  • Honing your redaction skills