24th Annual Conference on Advanced Administrative Law & Practice - WEB

EARN CPD CREDITS

In-Person/Livestream Options

24th Annual Conference on

Advanced Administrative Law & Practice October 29–30, 2024 | Hilton Garden Inn Ottawa Downtown, Ottawa, ON Pre-Conference Decision-Writing Workshops on October 28

Keynote by the Canadian Human Rights Commission

Special Appearance by the Supreme Court of Canada

Charlotte-Anne Malischewski

Justice Suzanne Côté

2024 Conference Co-Chairs

Deputy Chief Commissioner

Join key administrative law stakeholders and decision makers who will help you:

Michael H. Morris

ĉ Distill the key concepts from the Mason decision and understand how they relate to the Vavilov framework

Justice Canada

ĉ Assess the use of Artificial Intelligence in submissions and decision-making

Senior General Counsel

Alyssa Tomkins Partner

Gowling WLG (Canada LLP)

ĉ Determine the minimums and the limits to helping the self-represented and appreciate the value of a trauma-informed lens in administrative decision-making ĉ Extrapolate the impact of the Supreme Court’s affirmation of Doré in the recent York Region decision on Charter rights and values ĉ Uphold administrative law principles of fairness in proceedings involving self-regulated professions

Two Companion Pre-Conference Workshops: Monday, October 28

A

Decision Writing 1.0: The Essentials of Writing Jurisdictionally Compliant and Defensible Decisions Post-Vavilov

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B

Decision Writing 2.0: The Art of Writing Efficient, Concise, and Accessible Decisions Post-Vavilov

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Part of C5 Group’s LEGAL GLOBAL SERIES

Be part of the gold standard event for Administrative Law. Join decision-makers from across Canada to gain clarity on the standard of review, decision-making, access to justice, and procedural fairness The Canadian Institute (CI) invites you to attend our 24th Annual Conference on Advanced Administrative Law and Practice. Join us and convene with federal and provincial decision makers, Justices, attorneys, and academics who will address the most critical challenges affecting the administrative and regulatory sectors.

The landscape of administrative law is rapidly evolving due to several decisions from the Supreme Court of Canada In 2023, the Supreme Court of Canada released the Mason decision – the first Supreme Court decision touching on administrative law post-Vavilov. Although an attempt to provide clarity, Mason left many questions unanswered. Now, with numerous cases recently decided by the Supreme Court, or under reserve, it's clear that the state of administrative law is in flux.

This conference provides a crucial opportunity to distill and understand the latest insights from our highest court, ensuring that administrative professionals stay ahead of these significant developments.

Administrative and regulatory decision-makers must balance access to justice with efficiency Self-represented litigants frequently appear before administrative tribunals, necessitating active adjudication. Compounding this need is the rise of mental health issues and socio-economic factors that influence perceptions of justice.

Adopting a trauma-informed approach from the outset can enhance the efficiency and effectiveness of active adjudication, ultimately reducing backlogs.

This conference will delve into the challenges and risks faced by decisionmakers and provide essential insights into diversity, equity, inclusion, and the trauma-informed approach, equipping you with the tools to navigate these complexities effectively.

Entering the next phase of court modernization – what does the future behold?

Backlogs and inefficiencies plagued the justice system long before the pandemic, but it is undisputed that the pandemic ignited a push for modernized court systems and procedures and more accessible hearings. Today, artificial intelligence is also being considered, among other things, as a tool to aid with decision-making, promising faster and more consistent rulings, all which go towards reducing backlogs and increasing access to justice. However, with these advancements come new risks and challenges.

BENCHMARK WITH DECISION-MAKERS FROM: Angle-Right Canada Agricultural Review Tribunal Angle-Right Landlord & Tenant Board Angle-Right Ontario Physicians and Surgeons

Discipline Tribunal

Angle-Right Social Security Tribunal of Canada Angle-Right Canadian Investment Regulatory

Organization

Angle-Right The Canadian Human Rights Commission Angle-Right Employment and Social Development

Canada

MUST-ATTEND  AEVENT FOR: Check Chairs and Vice-Chairs of Administrative Tribunals Check Adjudicators Check Municipal and University Decision-Makers and their Advisors Check Private Practitioners working in Administrative Contexts Check Arbitrators, Mediators Check Paralegals

Check Government, Agency, and Commission Lawyers Check Ombud people

LEGAL ACCREDITATION This 2-day conference program can be applied towards 9 of the 9 substantive hours, 3 of the 3 professionalism hours, as well as 1 of the EDI hours, of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario. Members will also receive an additional 3 substantive hours for attending pre-conference Workshop A, and members will receive an additional 3 professionalism hours for attending preconference Workshop B.

EARN CPD HOURS

The same number of hours may be applied to your continuing legal educational requirements in British Columbia.

This conference will explore the future of court modernization, examining both the potential benefits and the necessary precautions to navigate this transformative period effectively.

The Barreau do Québec recognizes this training activity, the latter having been accredited by another Law Society subject to the MCLE.

Ensuring access to justice and procedural fairness to all Canadians

For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

Ensure that you and your team act in accordance with the law and that decisions meet judicial scrutiny by attending two days of practical and relevant bench-marking with crucial insights.

REGISTER NOW

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The Law Society of Saskatchewan recognizes another province’s CPD credits so long as the hours are submitted to the Director of Admissions & Education for approval.

Distinguished Faculty

2024 CONFERENCE CO-CHAIRS

Michael H. Morris

Senior General Counsel, National Litigation Sector, Ontario Regional Office Department of Justice

THE SUPREME COURT OF CANADA

The Honourable Justice Suzanne Côté

Alyssa Tomkins

Partner Gowling WLG (Canada LLP)

FEDERAL COURT LAW FIRM AND ACADEMIC SPEAKERS

Hon. Nicholas McHaffie Judge Federal Court

Yameena Ansari

Principal Ansari Immigration Law

CANADIAN HUMAN RIGHTS COMMISSION

Andrew Bernstein Partner Torys LLP

Charlotte-Anne Malischewski

Deputy Chief Commissioner Canadian Human Rights Commission

Paul Daly

GOVERNMENT SPEAKERS

Chantell Barker

Executive Director Aboriginal Legal Services

Judith Buchanan

Director General, Federal Programs Directorate Employment and Social Development Canada

Darlene Carreau

Chief Administrator and Chief Executive Officer Courts Administration Service

Sylvia Chapman

Director, Legal Services Community Legal Services of Ottawa (West)

Joseph Cheng

General Counsel Department of Justice

Graeme King

General Counsel Department of Justice

Patricia Pledge

General Counsel, Advisory and Legislative Initiatives Justice Canada, Legislative Services Branch

John Provart

Senior Counsel Justice Canada

Richard D. Sharpe

Director Black Equity Branch People and Culture Division Centre for People, Culture and Talent Treasury Board Secretariat | Ontario Public Service

BJ Wray

General Counsel Department of Justice

Natasha Danson

Partner Steinecke Maciura LeBlanc LLP

Marco P. Falco

Partner Torkin Manes LLP

Adam Goldenberg

Partner McCarthy Tétrault LLP

Barbara Louise Jackman Founder Jackman & Associates

Kiran Kang

Partner Goldblatt Partners LLP

Ewa Krajewska

TRIBUNAL SPEAKERS

Robert Blair

Manager, Adjudication Legal Services Ontario Securities Commission

President, Society of Ontario Adjudicators and Regulators (SOAR) Member, Counsel of Canadian Administrative Tribunals (CCAT)

Ian Darling

Chairperson Condominum Authority Tribunal

Scott MacKenzie, K.C.

Public Member Canadian Investment Regulatory Organization

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University Research Chair, Administrative Law & Governance University of Ottawa, Faculty of Law

Mélanie Raymond Legal Counsel, Eastern Region Immigration and Refugee Board of Canada

Jude Samson

Acting ViceChairperson, Appeal Division Social Security Tribunal of Canada

Marisa Victor

Member Canadian Transportation Agency Former Vice-Chair, Tribunals Ontario

Dionne Woodward Tribunal Counsel Ontario Physicians and Surgeons Discipline Tribunal

Dawn Elliott Sullivan Vice-Chair Landlord and Tenant Board

Lara Taylor

Interim Chief Executive Officer Copyright Board of Canada

CanadianInstitute.com/AdministrativeLaw • 1 877 927 7936

Partner Heinen Hutchinson Robitaille LLP

Virginia McRae

Legal Writing Consultant Retired Professor, UOttawa Legal Writing Academy

Gabriel Poliquin, Ph.D. Principal Gabriel Poliquin

Natalia Rodriguez

Partner Conway Baxter Wilson LLP Bencher, Law Society of Ontario Adjudicator, Law Society Tribunal

Yuan Stevens

Academic Associate, AI Governance, Legal & Policy Centre of Genomics & Policy

Anne Tardiff

Partner Gowling WLG (Canada LLP)

Lauren J. Wihak

Partner McDougall Gauley LLP

* Workshops are available in person only.

Pre-Conference Decision Writing Workshops Monday, October 28, 2024 This year, based on your feedback, CI is pleased to offer two companion and complimentary workshops on decision-writing. The first provides a primer on the essentials of constitutional interpretation, statutory interpretation, and distilling the best practices and requirements of decision-writing from the Supreme Court of Canada to draft defensible decisions. The second workshop will teach best practices for writing decisions that are efficient, concise, and accessible (e.g., plain language) towards reducing backlogs and improving access to justice.

9:30–12:30 (Registration opens at 9:00)

A Decision Writing 1.0: The Essentials of Writing Jurisdictionally Compliant Decisions Post-Vavilov • Reviewing the "correctness" and "reasonable" standards, the constitutional divisions of power, and inherent jurisdiction (e.g., Vavilov) • Learning the principles of statutory interpretation • Special considerations for decisions made by regulatory bodies (i.e., the Auer and TransAlta cases, currently on reserve at the Supreme Court) • Establishing "responsive reasonableness" (e.g., Mason) in your reasons • Considering international law, where applicable (e.g., Mason) • Incorporating the concept of "proportionality" for decisions that engage Charter rights or values (e.g., Northwest Territories)

Patricia Pledge

General Counsel, Advisory and Legislative Initiatives Justice Canada, Legislative Services Branch

Gabriel Poliquin, Ph.D. Principal Gabriel Poliquin

• Understanding rights of appeal (e.g. Yatar) and legislative intent with respect to limiting rights of appeal

1:30–4:30 (Registration opens at 1:00)

B Decision Writing 2.0: The Art of Writing Efficient, Concise and Accessible Decisions Post-Vavilov • Mastering the use of plain language so that decisions are accessible but also legally accurate » Avoiding boilerplate language and legalese • Deciding the structure of point first or issue-based language

Virginia McRae

Legal Writing Consultant Retired Professor, UOttawa Legal Writing Academy

• Creating a roadmap or structure towards ensuring the readers of decisions can easily glean what facts matter, the weight given to the evidence, the law applied, the result, and the remedy » Ensuring the decision responds to the submissions of the parties • Appreciating the importance of visuals and logistics of coherent decision-writing, e.g.: » The use of headings, paragraphs, transitional markers, white space on the page, etc. » Reviewing the Clear Print Accessibility Guidelines » Special considerations for virtual decisions and the use of links • Strategies to shorten the length of the decision » E.g., when are citations needed and when can they be left out? » What facts are not truly necessary?

• Examples of "internally coherent" decisions with a "rational chain of analysis"

12:30–1:30

Light luncheon will be served to delegates attending both workshop A & B

Welcome Message from the Co-Chair:

I am thrilled to be co-chairing this event as it consistently impresses by drawing many tribunal members and decision-makers, creating a vibrant forum for public and private lawyers and professionals. The result has been extremely high-quality content, showcasing both leading-edge thought leadership and practical application of those concepts. This year’s program seeks to continue this trend and analyze the latest updates in administrative law, with a strong focus on access to justice and procedural fairness. I eagerly look forward to fostering reflection and examination of these crucial subjects.

Alyssa Tomkins, Partner, Gowling WLG (Canada LLP)

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Day One Tuesday, October 29, 2024 7:45

Registration and Networking Breakfast

8:45

Opening Remarks from the Co-Chairs Michael H. Morris

Senior General Counsel, National Litigation Sector, Ontario Regional Office Department of Justice

Alyssa Tomkins

Partner Gowling WLG (Canada LLP)

FIRESIDE CHAT 9:00

Co-Chairs' Exclusive Interview with the Supreme Court of Canada The Honourable Justice Suzanne Côté Canadian Institute is honoured to welcome Justice Suzanne Côté of the Supreme Court of Canada.

In this exclusive interview, our conference Co-Chairs (who have both recently argued key public law cases before the Supreme Court) will interview Justice Côté, who will candidly address developments and challenges regarding administrative law and practice.

10:00

Morning Networking Break

10:15

Clarifying the Vavilov Framework Through Mason and Navigating Tensions in Responsive Justification

In 2023, the Supreme Court's Mason decision clarified the Vavilov framework and the need for "responsive reasons" in statutory interpretation by tribunals, including the impact on individuals and the significance of international law in protecting refugees. However, critics, including the dissent, noted tensions in expecting first-level decision-makers address legal constraints and arguments not initially presented. Topics of discussion include: • Distilling the key concepts from the Mason decision, and what, if anything, they add to the Vavilov framework • Exploring the concept of responsive reasons » Assessing a tribunal's obligation to go beyond the arguments put before them while ensuring they address all statutory and legal constraints • Demonstrating that the "impact" has been considered on the individual • Balancing the necessity of providing detailed, responsive reasons to avoid decisions being overturned with the imperative to swiftly address the overwhelming backlog of a high volume tribunal

Paul Daly

University Research Chair, Administrative Law & Governance University of Ottawa, Faculty of Law

BJ Wray

General Counsel Department of Justice

Moderated by: Barbara Louise Jackman Founder Jackman & Associates

• Addressing systemic challenges (Canadian Council for Refugees v. Canada (Citizenship and Immigration, 2023 SCC 17) • Navigating cultural relativism and Western-centric laws

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Day One Tuesday, October 29, 2024 11:15

Court Modernization, Backlog Reduction, and Access to Justice: Anticipating the Evolution of the Modern Court System

This exclusive panel will candidly address efforts and challenges towards modernizing court operations and improving access to justice. Topics of discussion will include: • Surveying the present use of virtual and hybrid hearings » The open court principle and concerns with respect to privacy • Assessing the use of AI and other technological advances • Reviewing the rules of procedure • Understanding the concept of "undue delay" in administrative proceedings • Developing strategies for decision-makers to provide procedural fairness without adding lengthy delay • Examining other initiatives geared to reducing backlogs

Darlene Carreau

Chief Administrator and Chief Executive Officer Courts Administration Service

Ian Darling

Chair Condominium Authority Tribunal

Lara Taylor

Interim Chief Executive Officer Copyright Board of Canada

Moderated by: Marisa Victor

Member Canadian Transportation Agency Former Vice-Chair, Tribunals Ontario

12:30

Networking Lunch

1:45

The Use of Artificial Intelligence in Submissions and Decision Making: Benefits, Challenges, and Concerns

The ostensible advancements made possible thanks to technology and AI have been tempered by inaccuracies and difficulties that infer the need for careful review of the use of these modalities. Lawyers and decision-makers alike must have a holistic understanding of the advantages and dangers of using technology and AI in administrative law. Topics of discussion will include: • Understanding the key concepts and terminology of artificial intelligence • Appreciating privacy and confidentiality when using artificial intelligence

Marco P. Falco

Partner Torkin Manes LLP

Yuan Stevens

Academic Associate, AI Governance, Legal & Policy Centre of Genomics & Policy

• Unpacking the Federal Court's Notice on the Use of Artificial Intelligence in Court Proceedings (May 2024) » Considering the perception that the use of AI will usurp the careful contemplation needed for reasoned and legitimate decision-making • Examining the Directive on Automated Decision-Making: » Learning the government reporting requirements for AI auditing and Algorithmic Impact Assessments • Exploring federal court cases on the use of AI in public administration: » Haghshenas v. Canada (Citizenship and Immigration), 2023 FC 464 » Safarian v. Canada (Citizenship and Immigration), 2023 FC 775

Welcome Message from the Co-Chair:

This is my third year having the privilege of co-chairing this conference and participating as a speaker for several years longer. What brings me back to this conference is the quality of topics and caliber of speakers that have participated. These speakers are the leaders in public law, coming from a great combination of government, tribunal, academic and private claimant perspectives. Their diverse perspectives contribute to a maximizing of insight and understanding of the issues canvassed.

Apart from the diversity of perspectives, what really stands out is the CI commitment to canvassing the most topical, cutting edge and practical issues arising in public law that its participants face in their work every day. The CI conference is more than just an event; it's a cornerstone for professionals dedicated to administrative law, constitutional law, and access to justice.

Michael H. Morris, Senior General Counsel, Department of Justice

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Day One Tuesday, October 29, 2024

2:45

Afternoon Networking Break

3:00

Working with Self-Represented Individuals: Striking the Balance Between Procedural Fairness and Effective Case Management

Self-represented individuals appearing before administrative tribunals or courts pose a unique challenge: procedural fairness and access to justice may warrant intervention, but the live issue is how far is too far, in an under-resourced and over-burdened justice system? This panel will analyze questions such as:

Jude Samson

Acting Vice-Chairperson, Appeal Division Social Security Tribunal of Canada

• How to help self-represented individuals with procedural steps: what are the minimums, and what are the limits? » What rationale can a tribunal member provide for not fulfilling the requests of a self-represented litigant?

Vice-Chair Landlord and Tenant Board

Mélanie Raymond

» Considering formalism: what are the bright lines when it comes to excusing selfrepresented individuals for not perfecting their applications or following procedure?

• Conversely, when does helping the self-represented individual cross the line from procedural fairness to an unfair disadvantage to the other party?

Legal Counsel, Eastern Region Immigration and Refugee Board of Canada

Moderated by: Sylvia Chapman

• When is it expected or reasonable for the tribunal member to negotiate or mediate between parties?

Director, Legal Services Community Legal Services of Ottawa (West)

» Assessing formal alternative dispute resolution mechanisms as an option • Appreciating the prevalence of untreated mental health issues and the intersection between mental health and administrative or judicial proceedings

4:00

Dawn Elliott Sullivan

Navigating the Collection and Disclosure of Evidence in Administrative Investigations, Hearings, and Parallel Proceedings

In this session, our speakers will explore the rights of various parties in investigations in the administrative world and parallel criminal or civil proceedings. Topics of discussion will include: • Appreciating the nuances of evidence and procedural fairness in adversarial tribunals » Exploring the Supreme Court's decision in Canadian Broadcasting Corporation • Understanding how the investigative role differs from the function of a decision-making tribunal » What is the scope of statutory authority with respect to investigations?

• Understanding privacy considerations when collecting evidence • Examining how administrative law reports are used in civil and criminal law proceedings as evidence and how they are weighed » 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) • Applying the principles of natural justice to administrative investigations

5:00

Champagne Toast & Networking

5:30

Conference Adjourns

Judith Buchanan

Director General, Federal Programs Directorate Employment and Social Development Canada

Robert Blair

Manager, Adjudication Legal Services Ontario Securities Commission President, Society of Ontario Adjudicators and Regulators (SOAR) Member, Counsel of Canadian Administrative Tribunals (CCAT)

Moderated by: Anne Tardiff

Partner Gowling WLG (Canada LLP)

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Day Two Wednesday, October 30, 2024 7:45

Registration and Breakfast

8:45

Opening Remarks from the Co-Chairs Michael H. Morris

Senior General Counsel, National Litigation Sector, Ontario Regional Office Department of Justice

9:00

Alyssa Tomkins

Partner Gowling WLG (Canada LLP)

Deconstructing Yatar v TD, Rights of Appeal and Discretion Within Judicial Review

• Unpacking the recent Supreme Court decision in Yatar v TD Insurance Meloch Monnex and the extrapolating the impact of the Supreme Court's affirmation of the availability and importance of judicial review » Exploring what questions remain to be determined after Yatar » Considering other recent case law on the judicial discretion to refuse the application for judicial review • Identifying the various methods appellants can use to overturn an administrative decision • Understanding the nature and different types of privative clauses » Examples of each type of privative clause • Examining the scope of judicial review when privative clauses exist » Understanding legislative intent with respect to limiting rights of appeal

10:00

Andrew Bernstein Partner Torys LLP

John Provart

Senior Counsel Justice Canada

Moderated by: Adam Goldenberg

Partner McCarthy Tétrault LLP

Charter Values and Rights in Focus: Unpacking the Supreme Court's Affirmation of Doré and its Implications for Decision-Makers

The Supreme Court's 2023 decision in Commission Scolaire Francophone des Territoires du Nord-Ouest v. Northwest Territories unequivocally affirmed the Doré framework, dispelling previous doubts about its survival. With this pivotal affirmation, it is imperative for decision-makers to be fully versed in engagement with Charter rights and values.

Topics of discussion include:

Hon. Nicholas McHaffie

• Review of the Doré framework and methodology

Partner Goldblatt Partners LLP

» Considering the analysis of "proportionality" » Enumerating the Charter values that have been recognized to date • Considering the Northwest Territories decision » Exploring purpose as a Charter value » Do decision-makers need to consider Charter values if the parties did not raise those arguments?

• Unpacking the York Region District School Board decision: » Reviewing the bases for which the Charter will apply to an entity » Knowing which standard of review to use when determining whether a Charter right is engaged and asking whether this applies equally for Charter values

Judge Federal Court

Kiran Kang

Gabriel Poliquin, Ph.D. Principal Gabriel Poliquin

Moderated by: Alyssa Tomkins

Partner Gowling WLG (Canada LLP) 2024 Conference Co-Chair

• Appreciating how deference is heightened when Charter values are in play » Understanding the interplay between heightened deference and the contrasting view taken in Mason whereby a court’s review of reasonableness must take account of the impact of the decision on the affected individual

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Day Two Wednesday, October 30, 2024 11:00

Morning Networking Break

11:15

Keynote from the Canadian Human Rights Commission Charlotte-Anne Malischewski

Deputy Chief Commissioner Canadian Human Rights Commission Across Canada, there is a profound disparity between those who have access to adequate food, housing, health, education, and other social and economic rights and those who do not. For people who are already facing other forms of discrimination, having to fight for their basic social and economic rights becomes yet another obstacle to overcome. In this special keynote, the Deputy Chief Commissioner of the Canadian Human Rights Commission will explore the need for stronger human rights protections at the federal level to protect people in Canada from discrimination based on their economic or social condition, as a necessary step to ensure everyone living in Canada has equal access to live a life of their choosing.

• • •

11:45

The Review of Government Regulations post-Katz: Reading the Tea Leaves of Auer and TransAlta

In 2014, the Supreme Court of Canada set out a high threshold for overturning regulations in the case of Katz. Following Vavilov, the status of Katz, and the standard of review with respect to regulations, was left unclear. Subsequently, two courts of appeal came to the opposite conclusion in the cases Auer and TransAlta, which have now been heard by the Supreme Court of Canada, with an anticipated decision release date around October 2024.

In this session, the speakers will read the tea leaves in anticipation of the decisions by: • Understanding how appellate courts have tackled whether the high threshold for overturning regulations based on statutory inconsistency set out in Katz still applies or has been replaced by the "robust reasonableness" standard in Vavilov » Appreciating the opposing approaches and comprehending the challenges created by the split • Reviewing the arguments in the Auer and Transalta cases » Unpacking the oral arguments heard in April 2024

Joseph Cheng

General Counsel Department of Justice

Lauren J. Wihak

Partner McDougall Gauley LLP

Moderated by: Michael H. Morris

Senior General Counsel, National Litigation Sector, Ontario Regional Office Department of Justice 2024 Conference Co-Chair

» Considering the arguments of the interveners • Anticipating the Supreme Court's decision • Discussing the possible implications for decision-makers and on other areas of administrative law

12:45

Networking Lunch

2:00

Deciphering How Delegated Decision-Makers Can Provide Vavilov-Robust Reasons Amidst Cabinet Privilege, Deliberative Secrecy, and Other Barriers

Procedural and substantive fairness are hallmarks of the rule of law and public confidence in the administration of justice. Reasons that are not transparent and robust may be overturned on judicial review. Delegated decision-makers face this onus despite inherent tensions with respect to transparency such as cabinet privilege and deliberative secrecy. This panel will explore these tensions and other barriers, implicit or explicit, that delegated decision-makers grapple with. Topics of discussion include: • Understanding the limits of deliberative secrecy » Considering what must be included in written reasons (e.g., soft law) • Navigating cabinet privilege » Takeaways from the Supreme Court of Canada's decision on the Doug Ford mandate letters case

Graeme King

General Counsel Department of Justice

Scott MacKenzie, K.C. Public Member Canadian Investment Regulatory Organization

Moderated by: Ewa Krajewska

Partner Heinen Hutchinson Robitaille LLP

» Challenging or justifying an administrative decision when the inputs to regulations or other delegated legislation are subject to cabinet privilege • Exploring other barriers that influence what gets included in reasons (e.g., polarized media representation)

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Day Two Wednesday, October 30, 2024

3:00

Afternoon Networking Break

3:15

Diversity, Equity, and Inclusion: Strategies for Creating Diverse and Equitable Tribunals

In recognition of Canada’s culturally and ethnically diverse population, it is crucial that administrative bodies also mirror this diversity. Topics of discussion include:

Richard D. Sharpe

Director Black Equity Branch People and Culture Division Centre for People, Culture and Talent Treasury Board Secretariat | Ontario Public Service

• Appreciating the value of diversity and inclusion and the public's confidence in the administration of justice • Understanding power and privilege, unconscious bias or cultural homophily • Strategies to recruit from the BIPOC, disabled and LGBTQ2IA+ communities and sponsoring them to prepare them for leadership roles

Chantell Barker

Executive Director Aboriginal Legal Services

• Learning the best practices for workplace diversity, equity and inclusion » E.g., the Public Service Employment Act

Moderated by: Yameena Ansari

» Compliance audits under the Employment Equity Act » Accessibility plans in compliance with the Accessible Canada Act

Principal Ansari Immigration Law

» The federal Pay Equity Act and other efforts to close the gender pay gap

4:15

Upholding Administrative Law Principles Within the Investigations and Hearings of Self-Regulated Professions

Self-regulated bodies are accountable to their members and the public for upholding professional standards and ethics. However, self-regulated professionals (e.g., lawyers, paralegals, physicians, psychologists) are equally entitled to procedural fairness in disciplinary proceedings. Balancing the autonomy of self-regulated professions with the need to uphold administrative law principles presents ongoing challenges. In this session, topics of discussion include:

Dionne Woodward

Tribunal Counsel College of Physicians and Surgeons of Ontario

Natalia Rodriguez

Partner Conway Baxter Wilson LLP Bencher, Law Society of Ontario Adjudicator, Law Society Tribunal

• Revisiting the focus of the proceeding, e.g., discipline versus the public interest, and tailoring the approach accordingly • Working with professional misconduct counsel » How cooperative do self-regulated professionals need to be?

Moderated by: Natasha S. Danson

• Analyzing the role of the Board or Tribunal in the investigation and the handling of evidence

Partner Steinecke Maciura LeBlanc LLP

» Reviewing the BC Court of Appeal decision to set aside the Law Society of BC's decision against Bijan Ahmadian for their "problematic" handling of the evidence • Accessing investigative reports and knowing the obligations with respect to disclosing these reports to the member • Considering Bill 21 in British Columbia (i.e., the proposed removal of self-regulation) • Analyzing how mental health is considered in disciplinary proceedings of self-regulated professions

5:15

Conference Concludes

This conference was extremely well organized. The focus on the various aspects and implications of the Vavilov decision was fascinating. The speakers were all excellent and the manner in which potentially differing views were presented was very useful.

Lesa Brown, Justice Canada

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A great program with excellent speakers, knowledgeable and well respected in the legal community.

Scott MacKenzie, PEI Regulatory & Appeals Commission

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347L25-OTT

APPLICABLE TAXES WILL BE ADDED TO ALL REGISTRATIONS IN-PERSON: GOVERNMENT / NON-PROFITS

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IN-PERSON: INDUSTRY LIVESTREAM: GOVERNMENT / NON-PROFITS LIVESTREAM: INDUSTRY

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$1,995

$2,195

$2,295

$2,495

$1,995

$2,195

$2,295

PRE-CONFERENCE WORKSHOPS (IN PERSON ONLY): A — Decision Writing 1.0: The Essentials of Writing Jurisdictionally Compliant Decisions B — Decision Writing 2.0: The Art of Writing Efficient, Concise and Accessible Decisions

$2,495 $395 (each)

All program participants will receive an online link to access the conference materials as part of their registration fee.

Additional copies of the Conference Materials available for $199 per copy.

To update your contact information and preferences, please visit https://www.CanadianInstitute.com/preference-center/ Terms & conditions and refund/cancellation policies can be found at CanadianInstitute.com/company/faq/

© The Canadian Institute, 2024

Bringing a Team?* 1–3

No Discount

4–8

10% Conference Discount

9–12

15% Conference Discount

12+

Call 1-877-927-7936

*Team/group registrations must be from the same organization/firm and register together in one transaction.

Only Government employees qualify for this special pricing offer. This special pricing offer cannot be combined with any other special offers. CI reserves the right to review eligibility for the Government rate.

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