24th Annual Conference on
dvA nced A dministr Ative LAw & Pr Actice
October 29–30, 2024 | Hilton Garden Inn Ottawa Downtown, Ottawa, ON
Pre-Conference Decision-Writing Workshops on October 28
Special Appearance by the Supreme Court of Canada
Justice Suzanne Côté
2024 Conference Co-Chairs
Michael H. Morris Senior General Counsel Justice Canada
Alyssa Tomkins Partner Gowling WLG (Canada LLP)
Keynote by the Canadian Human Rights Commission
Charlotte-Anne Malischewski Deputy Chief Commissioner
Join key administrative law stakeholders and decision makers who will help you:
ĉ Distill the key concepts from the Mason decision and understand how they relate to the Vavilov framework
ĉ Assess the use of Artificial Intelligence in submissions and decision-making
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
B Decision Writing 2.0: The Art of Writing Efficient, Concise, and Accessible Decisions Post-Vavilov
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.
This conference will explore the future of court modernization, examining both the potential benefits and the necessary precautions to navigate this transformative period effectively.
Ensuring access to justice and procedural fairness to all Canadians
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
BENCHMARK WITH DECISION-MAKERS FROM:
ĉ Canada Agricultural Review Tribunal
ĉ Landlord & Tenant Board
ĉ Ontario Physicians and Surgeons Discipline Tribunal
ĉ Social Security Tribunal of Canada
ĉ Canadian Investment Regulatory Organization
ĉ The Canadian Human Rights Commission
ĉ Employment and Social Development Canada
A MUST-ATTEND EVENT 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
EARN CPD HOURS
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.
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.
Distinguished Faculty
THE SUPREME COURT OF CANADA
The Honourable Justice
Suzanne Côté
Hon. Nicholas McHaffie
Judge Federal Court
Charlotte-Anne Malischewski
Deputy Chief Commissioner Canadian Human Rights Commission
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
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
Mélanie Raymond Legal Counsel, Eastern Region Immigration and Refugee Board of Canada
Jude Samson Acting ViceChairperson, Appeal Division Social Security Tribunal of Canada
Dawn Elliott Sullivan Vice-Chair Landlord and Tenant Board
Lara Taylor Interim Chief Executive Officer Copyright Board of Canada
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
Marisa Victor Member
Canadian Transportation Agency Former Vice-Chair, Tribunals Ontario
Dionne Woodward Tribunal Counsel
Ontario Physicians and Surgeons Discipline Tribunal
Michael H. Morris
Senior General Counsel, National Litigation Sector, Ontario Regional Office Department of Justice
Alyssa Tomkins Partner
Gowling WLG (Canada LLP)
Yameena Ansari Principal Ansari Immigration Law
Andrew Bernstein Partner Torys LLP
Paul Daly University Research Chair, Administrative Law & Governance
University of Ottawa, Faculty of Law
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
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
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)
Decision Writing 1.0: The Essentials of Writing Jurisdictionally Compliant Decisions
• 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)
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
• 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.:
Virginia McRae Legal Writing Consultant Retired Professor, UOttawa Legal Writing Academy
» 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)
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
FIRESIDE CHAT
Alyssa Tomkins Partner Gowling WLG (Canada LLP)
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
• Addressing systemic challenges (Canadian Council for Refugees v. Canada (Citizenship and Immigration, 2023 SCC 17)
• Navigating cultural relativism and Western-centric laws
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
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
• 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:
Marco P. Falco
Partner Torkin Manes LLP
Yuan Stevens
Academic Associate, AI Governance, Legal & Policy Centre of Genomics & Policy
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
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:
• 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?
» 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?
• When is it expected or reasonable for the tribunal member to negotiate or mediate between parties?
» 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
Jude Samson
Acting Vice-Chairperson, Appeal Division Social Security Tribunal of Canada
Dawn Elliott Sullivan Vice-Chair Landlord and Tenant Board
Mélanie Raymond Legal Counsel, Eastern Region Immigration and Refugee Board of Canada
Moderated by:
Sylvia Chapman
Director, Legal Services
Community Legal Services of Ottawa (West)
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)
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
Alyssa Tomkins Partner Gowling WLG (Canada LLP)
9:00 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
Andrew Bernstein Partner Torys LLP
John Provart Senior Counsel Justice Canada
Moderated by: Adam Goldenberg Partner McCarthy Tétrault LLP
10:00 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:
• Review of the Doré framework and methodology
» 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
• Appreciating how deference is heightened when Charter values are in play
Hon. Nicholas McHaffie Judge Federal Court
Kiran Kang Partner Goldblatt Partners LLP
Gabriel Poliquin, Ph.D. Principal Gabriel Poliquin
Moderated by: Alyssa Tomkins Partner
Gowling WLG (Canada LLP) 2024 Conference Co-Chair
» 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
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
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
» Considering the arguments of the interveners
• Anticipating the Supreme Court's decision
• Discussing the possible implications for decision-makers and on
areas of administrative law
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
» 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)
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
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
TransAlta
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:
• 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
• Learning the best practices for workplace diversity, equity and inclusion
» E.g., the Public Service Employment Act
» Compliance audits under the Employment Equity Act
» Accessibility plans in compliance with the Accessible Canada Act
» The federal Pay Equity Act and other efforts to close the gender pay gap
Richard D. Sharpe
Director
Black Equity Branch
People and Culture Division
Centre for People, Culture and Talent
Treasury Board Secretariat | Ontario Public Service
Chantell Barker
Executive Director
Aboriginal Legal Services
Moderated by: Yameena Ansari
Principal Ansari Immigration Law
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:
• 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?
• Analyzing the role of the Board or Tribunal in the investigation and the handling of evidence
» 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)
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
Moderated by:
Natasha S. Danson Partner
Steinecke Maciura LeBlanc LLP
• 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
A great program with excellent speakers, knowledgeable and well respected in the legal community.
Scott MacKenzie, PEI Regulatory & Appeals Commission
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Venue Information
The 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 “CI’s Advanced Admin Law”.
Hilton Garden Inn Ottawa Downtown 361 Queen Street, Ottawa, Ontario K1R 0C7 Reservations: 1-800-445-8667 or 613-234-6363
Please note that the guest room block cut-off date is September 28, 2024 After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.