23rd Annual Conference on Advanced Administrative Law & Practice - WEB

The must-attend event for ensuring access to justice and procedural fairness EARN CPD HOURS

23rd Annual Conference on

Advanced Administrative Law & Practice

October 24–25, 2023 • Sala San Marco Conference & Event Center, Ottawa, ON

Conference Co-Chairs: Nadia Effendi

Partner Borden Ladner Gervais LLP

Benchmark with Decision-Makers from: Michael H. Morris

Senior General Counsel Justice Canada

CHEVRON-RIGHT Immigration and Refugee Board of Canada

CHEVRON-RIGHT Social Security Tribunal of Canada

CHEVRON-RIGHT Condominium Authority Tribunal

CHEVRON-RIGHT Canadian Human Rights Tribunal

CHEVRON-RIGHT Federal Public Sector Labour Relations and Employment Board

Two Interactive Pre-Conference Workshops: Monday, October 23

A

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

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CanadianInstitute.com/AdministrativeLaw • 1 877 927 7936

B

AI Auditing Assessments 101: A Complete Guide to AI Auditing Assessments for Administrative Bodies

Part of C5 Group’s LEGAL GLOBAL SERIES

Attend the conference where Administrative Law practitioners – from across Canada and across sectors – come to find clarity on decision-making.

The Canadian Institute (CI) invites you to attend our 23rd Annual Conference on Advanced Administrative Law and Practice and convene with federal and provincial decision makers, Justices, attorneys, and academics – who will address the most critical challenges affecting professionals working in the administrative and regulatory sectors.

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A MUST-ATTEND EVENT FOR:

Check Chairs and Vice-Chairs of Administrative Tribunals Check Tribunal Members, Counsel, and Paralegals Check Government, Agency, and Commission Lawyers Check Ombud people Check Arbitrators and Mediators Check Municipal and University Decision-Makers and their Advisors Check Private Practitioners working in Administrative Contexts

Canada is entering a new era for Administrative Law Canada’s administrative law sector continues to evolve its standards to meet new demands on its fundamental tenants of procedural fairness and access to justice. Measures adopted during the pandemic such as remote work forces and virtual hearings are still being utilized in this new postpandemic era to ensure that all Canadians may benefit from the administrative law process.

New technologies are helping to propel the pace of procedural fairness and access to justice New technologies such as AI systems are assisting with both procedural backlog and decision making. As such, it is crucial for every administrative body to develop practical implementation strategies and refine compliance checklists when using AI systems in the administration of justice.

Ensuring access to justice and procedural fairness to all Canadians The administrative process must ensure access to justice and procedural fairness to all members of Canada’s populace. There must be an emphasis of DEI principals as well as culturally competent adjudication with the makeup of tribunals being as diverse as the citizens seeking justice before them. The special concerns of indigenous communities must be given all due attention. Canada’s bilingual obligations also need to be met in its tribunals. Additionally, safeguards for the selfrepresented need to be ensured.

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 discussion with crucial insights.

REGISTER NOW!

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EARN CPD HOURS

LEGAL ACCREDITATION

This 2-day conference program can be applied towards 7 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 pre-conference Workshop B. The same number of hours may be applied to your continuing legal educational requirements in British Columbia.

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

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.

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Professionalism Credit

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Substantive Credit

EDI EDI Credit

DISTINGUISHED FACULTY CO-CHAIRS: Nadia Effendi Partner Borden Ladner Gervais LLP Michael H. Morris Senior General Counsel Justice Canada GOVERNMENT SPEAKERS: Paul Aterman Consultant PA Justice Services Julia Barss Head of Legal Services and General Counsel Office of the Privacy Commissioner of Canada Meera Bennett Legal Counsel – Legal Services Branch Ministry of the Attorney General of British Columbia Julie Blackhawk General Counsel Justice Canada Paula Boutis Solicitor – Legal and Risk Management Services City of Hamilton

Ian Darling Chair Condominium Authority Tribunal Ian Demers General Counsel Justice Canada Suzanne Gilbert Deputy Chairperson, Refugee Appeal Division Immigration and Refugee Board of Canada

Chris Thompson Patent and Trademark Agent, Centre for Business Technology Law (CBTL) Justice Canada LAW FIRM AND ACADEMIC SPEAKERS:

Angus Grant Assistant Deputy Chairperson, Refugee Appeal Division Immigration and Refugee Board of Canada Ian Mackenzie Board Member Federal Public Sector Labour Relations and Employment Board Sunil Mathai Crown Counsel, Crown Law Office – Criminal Ministry of the Attorney General of Ontario Matthew Shogilev Legal Counsel Office of the Privacy Commissioner of Canada

Imran Ahmad Senior Partner, Canadian Head of Technology Norton Rose Fulbright Canada Stephen Aylward Partner Stockwoods LLP Colleen Bauman Partner Goldblatt Partners LLP Juliet Chang Knapton Advocate-in-Residence University of Ottawa Shea Coulson Partner DLA Piper Paul Daly University Research Chair, Administrative Law & Governance University of Ottawa

Marco Falco Partner Torkin Manes LLP Iris Fischer Partner Blakes, Cassels & Graydon LLP Kenneth Jull Partner Gardiner Roberts LLP Sara Mainville Partner JFK Law LLP Nabila Abdul Malik Partner Fasken LLP Justin Nasseri Founding Partner Ross Nasseri LLP Hadayt Nazami Partner Nazami & Associates Alyssa Tomkins Partner Gowling WLG

 C5 celebrates 40 years of excellence! We are thrilled to have provided exceptional conference experiences globally with our outstanding team, speakers, sponsors, partners, and attendees. To mark this milestone, we're launching a new logo which represents our commitment to innovation, growth, and excellence, represented by the five Cs of C5: Current, Connected, Customer-Centric, Conscientious, and Committed.

Looking back on 40 years, we are grateful for our achievements—hosting global conferences, uniting industry leaders, and supporting business growth. However, we are not done yet! We are committed to pushing boundaries and creating impactful experiences and we're excited for the next 40 years of success.

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* Workshops are available in person only.

PRE-CONFERENCE WORKSHOPS

Monday, October 23, 2023

A

9:30am – 12:30pm (Registration starts at 9:00am)

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

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microphone-alt Paul Aterman, C onsultant, PA Justice Services Angus Grant, A ssistant Deputy Chairperson, Refugee Appeal Division, Immigration and Refugee Board of Canada Back by popular demand, this interactive workshop will dive into how administrative decisionmakers can apply the lessons from Vavilov by writing coherent reasons in plain language.

Beginning with an exploration of the law and theory, participants will gain practical strategies that they can take back and implement in their daily tribunal positions. We will work on rewriting excerpts from tribunal decisions, so that normal people can understand them.

B

1:30pm – 4:30pm (Registration starts at 1:00pm)

S

AI Auditing Assessments 101: A Complete Guide to AI Auditing Assessments for Administrative Bodies

microphone-alt Shea Coulson, Partner, D LA Piper With its ongoing development and use AI systems continue to be at the forefront of our post-pandemic world. The Canadian government has joined this movement with its recent update on the Directive on Automated Decision-Making.

As administrative bodies shift their procedures to include automated services, there is a growing apprehension on how these systems can properly perform administrative duties while managing risks. With the implementation of new AI systems, it is crucial to conduct AI auditing assessments to ensure that privacy is not breached.

This workshop is intended for tribunal members, other administrative decision-makers and tribunal counsel who review decisions. If you want to get beyond legalese and reach the people who are affected by your decisions, then this workshop is for you. If you missed last year’s highly popular workshop, or need a refresher, this writing session will re-examine and repeat the materials you missed. Enrolment is capped at 25 and this session is being offered in-person only.

This workshop will dive into auditing assessments for AI system usages in administrative bodies.

Points of discussion include:

This session will offer practical strategies for lawyers and non-lawyers alike, addressing:

• Distinguishing internal versus external auditing and their pros and cons

• Developing 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 • Exploring the standard of “correctness” • Honing your redaction skill

• Exploring how administrative bodies are auditing their automated systems » How often is an audit check conducted?

• Identifying how AI audits are conducted within the administrative law sector • Devising best practices for remediation when the audit reveals that something in the AI system went wrong » Identify common challenges and effective solutions • Understanding government reporting requirements for AI auditing • Creating a checklist to ensure AI systems are competent and able to perform administrative functions

12:30pm–1:30pm / Light Lunch for Workshop B Attendees

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Professionalism Credit

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Substantive Credit

EDI EDI Credit

MAIN CONFERENCE DAY ONE

11:15am

A Guide for Administrative Bodies for Protecting Privacy and Data Breach When Using AI Systems

Tuesday, October 24, 2023 7:45am

microphone-alt Imran Ahmad, Senior Partner, Canadian Head of Technology, Norton Rose Fulbright Canada

Continental Networking Breakfast and Registration

8:45am

Co-Chairs’ Welcome Remarks

Julia Barss, Head of Legal Services and General Counsel, Office of the Privacy Commissioner of Canada

microphone-alt Nadia Effendi, Partner, B orden Ladner Gervais LLP

Matthew Shogilev, Legal Counsel, Office of the Privacy Commissioner of Canada

Michael H. Morris, Senior General Counsel, Justice Canada 9:00am

Year in Review: A Look at the Top Administrative Law Decisions and Cases to Watch

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• Prioritizing the rules and best practices on how to handle personal information with AI use • Exploring strategies on how to manage and reduce risk with new technologies • Analyzing the processes required when privacy or data is breached through AI technologies

Nadia Effendi, Partner, B orden Ladner Gervais LLP

• Identifying practical tools that can be used to avoid breach in an increasingly AI-dependent world • Devising a crisis-management preparedness plan to respond to any potential breach and preserve procedural fairness and access to justice quickly and efficiently

Iris Fischer, Partner, B lakes, Cassels & Graydon LLP In this opening session, our speakers will dive into the latest and most precedent cases causing ripples in Canada’s administrative law sector. Understand how current decisions are impacting the legal landscape, how ongoing cases may evolve, and what to expect from future cases.

12:15pm Networking Luncheon 1:15pm

FOCUS ON AI

All Rise and AI!: Exploring Whether AI can Administer Justice

With the increasing usage of AI by administrative bodies, it is crucial to understand how to protect privacy and mitigate risk when using these systems. This session will help administrative bodies develop a blueprint to ensure that individual privacy is safeguarded and uncompromised when using AI technologies.

• Understanding what is “safe” and what’s “at risk” when using AI systems

microphone-alt Paul Daly, University Research Chair, Administrative Law & Governance, University of Ottawa

10:00am

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microphone-alt Marco Falco, Partner, T orkin Manes LLP Chris Thompson, Patent and Trademark Agent, Centre for Business Technology Law (CBTL, Justice Canada

Has the Katz Cradle Fallen? Examining the Evolving Standard of Review for Regulations in Administrative Decisions Sunil Mathai, Crown Counsel, Crown Law Office – Criminal, Ministry of the Attorney General of Ontario

• Exploring recent case law that affects what the appropriate standard of review is for regulations » Auer v Auer

• Analyzing how AI systems are being used by administrative bodies

» TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs)

» Procedural tasks vs. substantive analysis

» Portnov v Canada

» Identifying AI systems preferred

» Canadian Council for Refugees v Canada (Citizenship and Immigration)

• Critiquing the limitations that AI systems present at the tribunal level • Exploring best practices for using AI systems in administrative bodies • Examining the use of AI systems without compromising individual rights • Predicting whether our justice system will become more dependent on AI in the future? » How will this potential dependency affect the future of the administration of justice?

11:00am Morning Refreshment Break

CanadianInstitute.com/AdministrativeLaw • 1 877 927 7936

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microphone-alt Ian Demers, General Counsel, Justice Canada

• Analyzing the Government of Canada’s directive on Automated Decision-Making

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• Identifying whether the court should apply a reasonable standard or a hyperdeferential standard » What is the reasonableness standard? » What is the hyperdeferential standard?

• Analyzing the constitutionality of the shift in the scope of judicial review of regulations amongst administrative decision making • Understanding how this shift will impact the standard of review for regulations and ultimately how administrative decisions on regulations will be made going forward • Is Katz still good law or has it been overwritten by Vavilov?

Part of C5 Group’s LEGAL GLOBAL SERIES

FOCUS ON POST-PANDEMIC CHALLENGES SURROUNDING ADMINISTRATION OF JUSTICE 2:15pm

A Post-Pandemic Look at Virtual versus In-Person Courtrooms: Determining the Best Fit for Procedural Fairness in the Administration of Justice

4:30pm

Vexatious Complaints: What to do When Things Get Out of Hand P

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microphone-alt Colleen Bauman, Partner, G oldblatt Partners LLP Justin Nasseri, Founding Partner, Ross Nasseri LLP There is an ever-flowing abundance of frivolous complaints received by administrative tribunals and agencies at the intake level that often lead to time consuming tedious procedures. This panel will address successful strategies to overcome the growing load.

microphone-alt Kenneth Jull, P artner, G ardiner Roberts LLP

• Analyzing best practices on how administrative tribunals should bet deal with frivolous and vexatious complaints at the intake stage

Nabila Abdul Malik, Partner, Fasken LLP Virtual hearings became more commonplace as a result of the global pandemic helping to ensure the administration of justice. Now as we enter the post -pandemic era, administrative bodies are taking a closer look at the continuing use of virtual versus in-person proceedings. This panel will examine what we have learned about the virtual courtroom, how justice can be administered in a virtual setting, and how to best proceed as the pandemic fades to memory.

• Identifying the threshold of administrative tribunals and agencies are required to satisfy to establish that a complaint need not be investigated • Understanding the laws and burden of proof needed to prove that a complaint is frivolous or vexatious

• What have we learned from the pandemic era about virtual versus in-person proceedings

• Are there any administrative or judicial remedies a party may pursue to have a litigant declared vexatious when there is no statutory approach prescribed in the enabling legislation?

• Identifying best practices to apply to virtual hearings vs in-person hearings

5:30pm

• Analyzing the consequences of having only virtual or only in-person hearings

Closing Remarks. End of Day 1

• Understanding the costs involved for virtual versus in-person hearings and how this can restrict someone from gaining access to justice » Does having a virtual hearing still provide Canadians with their right to a fair proceeding?

• Determining the future of virtual proceedings in administrative law settings? » When are they effective? » Do they still make sense in a post-pandemic world?

• Distinguishing the effects of virtual versus in-person hearings for self-regulated parties 3:15pm

Afternoon Refreshment Break

3:30pm

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Time to Dial it Back: A Guide to Affectively Reducing Tribunal Backlog microphone-alt Ian Mackenzie, Board Member, Federal Public Sector Labour Relations and Employment Board The pandemic created a significant backlog That administrative bodies are still addressing.

This panel will do a deep dive into developing practical strategies that administrative bodies can use to effectively reduce backlog and ensure timely access to justice.

• Examining how much backlog still exists and determining what recourse can be used • Exploring various solutions to overcome backlog: » Use of virtual hearings versus in-person hearings » Use of AI for decision-making

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

I had a very good experience. Thought the speakers were insightful.

Steven Neatt, TATC

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

Scott MacKenzie, PEI Regulatory & Appeals Commission

• Understanding whether more employees are needed or whether procedures need to be more efficient • Develop practical tools for parties awaiting responses that can help expedite the process

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Professionalism Credit

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Substantive Credit

EDI EDI Credit

MAIN CONFERENCE DAY TWO

10:45am

The Intersection of Administrative and Constitutional Law: Does the Doré Framework Comply with Vavilov?

Wednesday, October 25, 2023 8:00am

microphone-alt Stephen Aylward, Partner, S tockwoods LLP

Continental Networking Breakfast and Registration

Meera Bennett, L egal Counsel – Legal Services Branch, Ministry of the Attorney General of British Columbia

9:00am

Co-Chairs’ Opening Remarks and Recap of Day 1

• Examining the Supreme Court’s decision in Doré v Barreau du Quebec

microphone-alt Nadia Effendi, Partner, B orden Ladner Gervais LLP

» What are the evolving shifts to the Doré framework?

Michael H. Morris, Senior General Counsel, Justice Canada 9:15am

To Preclude or Not to Preclude: Understanding an Appellant’s Right to Appeal

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• Understanding how the new framework imposes judicial review on administrative bodies

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» Does this infringe upon the Charter of Rights?

• Assessing how the framework considers the Charter and administrative decision-makers • Identifying how Doré and Vavilov intersect and co-exist » What does this look like in practice?

microphone-alt Michael Morris, Senior General Counsel, Justice Canada Alyssa Tomkins, Partner, G owling WLG

11:45pm Networking Luncheon

• Analyzing the effects of influential cases: » Yatar v. TD Insurance Meloche Monnex » Canada (Attorney General) v. Best Buy Canada Ltd. • 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 10:20am Morning Refreshment break

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November 16 – 17, 2023 • Toronto, ON

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January 17 – 18, 2024 • Ottawa, ON

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FOCUS ON ACCESS TO JUSTICE 12:45pm

Maximizing Diversity, Equity, and Inclusion in Tribunals to Ensure Culturally Competent Adjudication

2:45pm EDI

microphone-alt Hadayt Nazami, Partner, N azami & Associates

In recognition of Canada’s culturally and ethnically diverse population, it is crucial that administrative bodies also mirror this diversity. Such diversity among tribunals, would ensure a comprehensive understanding of the adversities faced by the community members that appear before them.

• Understanding the duty of administrative bodies to serve all Canadians regardless of race, ethnicity, & cultural background

» Can they properly and appropriately make their case?

• Analyzing how logistics such as access to technology does not always equate to access to justice

» Are there initiatives to make this happen?

• Examining how tribunals can provide access to justice to minority communities

• Finding the balance between assisting a self-represented applicant, without over assisting

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microphone-alt Julie Blackhawk, General Counsel, Justice Canada Sara Mainville, Partner, JFK Law LLP • Identifying and outlining the needs of indigenous people to ensure access to justice is readily available • Understanding the barriers that Indigenous people face currently when it comes to access to justice » Understanding the cultural limitations endured • Developing best practices when trying to ensure services are attainable • Analyzing procedures and practical strategies that provide as viable options to indigenous people

» Is there now a feasibility issue when offered virtual hearings?

• Assessing accommodation processes to determine whether accommodation was met and reasonable

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With self-represented individuals appearing before administrative tribunals and courts, it is essential that they can fairly navigate these institutions. This panel will address practical ways for assisting parties throughout the administrative process, including in virtual hearings

• Exploring how plain language is critical for ensuring that self-represented litigants have meaningful access to processes

• Analyzing how much administrative tribunals are reflective and representative of the communities they serve

» Has this helped?

Suzanne Gilbert, D eputy Chairperson, Refugee Appeal Division, Immigration and Refugee Board of Canada

» Are the procedures readily accessible to all Canadians?

» Identifying strategies to make this happen

• Analyzing whether virtual versus in-person hearings are desirable amongst rural communities

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A Strategical Guide on Providing Procedural Fairness to Self-Represented Parties at Tribunal Proceedings

• Discussing active adjudication through the lifecycle of a file

• Assessing how administrative bodies can increase diversity within their tribunal bodies

Understanding the Needs of Indigenous Peoples to Provide Them with Access to Justice

3:00pm

microphone-alt Ian Darling, Chair, Condominium Authority Tribunal

Juliet Chang Knapton, Advocate-in-Residence, University of Ottawa

1:45pm

Afternoon Refreshment Break

• Distinguishing the difference in self-represented litigant’s needs if they are involved with an inperson hearing versus a virtual hearing 4:00pm

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The Effects of Climate Change on Access to Justice microphone-alt Paula Boutis, S olicitor – Legal and Risk Management Services, C ity of Hamilton

Climate change is presenting numerous challenges to many aspects of Canadian life, including access to justice. Our panelists will discuss what administrative bodies need to understand about how environmental impacts may impact access to justice and how to remedy this challenge. Points of discussion include: • Understanding how climate change is affecting access to justice • Assessing whether current laws are adequately protecting workers and residents in a changing climate • Analyzing how to work around climate disasters that prolong or inhibit access to hearings • How to respond when a climate disaster occurs?

• Exploring whether new avenues and best practices exist that can provide access to justice, while eliminating barriers caused as a result of climate disasters 5:00pm

Days 2 Ends. Conference Adjourns

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Professionalism Credit

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Substantive Credit

EDI EDI Credit

building Venue Information

Bed Accommodations

Sala San Marco Conference & Event Center

Hilton Garden Inn & Homewood Suites Ottawa Downtown

214 Preston St, Ottawa, ON, L1R 7R1

361 Queen Street, Ottawa, ON, K1R 0C7 Canadian Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate.

To take advantage of these rates, please contact the hotel directly and quote “Canadian Institute.”

Please note that the guest room block cut-off date is October 4, 2023. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

Book with confidence!

WORRY FREE

Register and pay to lock in your early rate and be eligible for a full refund until October 10, 2023.

GUARANTEE

If you are unable to attend for any reason, you will have the following options: y A full credit note for you, or a colleague to attend another event. y A full refund.

Registration

Emma McAdam VP, Government Affairs

Janet Smith VP, General Counsel

Olivia Thomson Chief Compliance Officer

Luis Santos Director

Ramesh Kumar Partner

ONLINE:

Patricia Harden Head of Sanctions

Conference Co-Chairs: Nadia Effendi

Partner Borden Ladner Gervais LLP

 CanadianInstitute.com/AdministrativeLaw

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Senior General Counsel Justice Canada

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PRE-CONFERENCE WORKSHOPS (IN PERSON ONLY): A — Writing Reasons after Vavilov B — AI Auditing Assessments 101

$395/each

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