Day 1 - Wednesday, October 27, 2021

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

KEYNOTE ADDRESS

How the Role of Administrative Law is Evolving and What to Expect for the Future
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

Becoming a Digital Organization and the Future of Administrative Law Work in a Virtual Workplace
3:30
Break
4:00
Administrative Monetary Penalties (AMPs): How to Effectively Apply Investigative and Enforcement Strategies
5:00
Inside the Top 5 Case Law Developments Post-Vavilov: A Practical Review of Procedural Fairness and Reasonableness
6:00
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 Successful 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 Overcome 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

Day 1 - Wednesday, October 27, 2021

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

KEYNOTE ADDRESS

How the Role of Administrative Law is Evolving and What to Expect for the Future
10:45

HYPOTHETICAL SCENARIOS

Top 5 Most Complex Charter Challenges and How to Resolve Them

A hard look at the how virtual courtrooms have created improved access to justice for some while hindering access for others. 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?

  • 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

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

  • 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
  • Complying with parameters for communicating with jurors

3:00

OPEN DISCUSSION

Becoming a Digital Organization and the Future of Administrative Law Work in a Virtual Workplace

During this session we will explore the results of a survey on digital tribunals as conducted by the Council of Federal Tribunal Chairs (CFTC). Attendees are invited to turn on their camera and audio as this session will not be recorded.

  • Gaining buy-in from stakeholders to interact on a digital platform

3:30
Break
4:00
Administrative Monetary Penalties (AMPs): How to Effectively Apply Investigative and Enforcement Strategies

  • 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

5:00
Inside the Top 5 Case Law Developments Post-Vavilov: A Practical Review of Procedural Fairness and Reasonableness

  • 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?

6:00
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 Successful Grow a Diversity Program: Recruiting and Retaining Candidates in Administrative Law and Creating a System of Inclusion

  • 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

A look at how mentorships are addressing the challenge of under-represented and marginalized communities in the legal profession.

  • 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

  • Ethical issues around communications
  • Record sharing and statutory privilege issues
  • Impact of prior findings in related processes
  • Litigation strategies

1:30

PANEL

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

A look at proposed changes to privacy legislation in Ontario and Alberta and how that might affect solicitor-client privilege and confidentiality.

2:30
Break
3:00

HYPOTHETICAL SCENARIOS

Client Services Duties toward Self-Represented Litigants

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

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 providing access to the tribunals
  • 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

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

What is it about?

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