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2006 Conference Synopsis

The conference was attended by over 300 delegates from across Canada and from foreign countries. Delegates came to hear some 50 speakers make presentations and debate issues of concern to those involved and interested in administrative justice.

The first day, Sunday, June 11, began with a series of pre-conference roundtables on workers' compensation, rental housing, human rights, and labour relations and employment.

At lunch following the workshops, Robert Owen, Chair of CCAT's Public Outreach Committee, presented the Marie-Paule Scott Commemorative Scholarship for the academic year 2005–2006 to Virginie Désilets, a Doctor of Laws candidate at the University of Ottawa.

The theme of the conference was built on the premise that a tribunal works most effectively and efficiently in the interest of its stakeholders when it is appropriately integrated, in the sense that its various elements (members, legal advisers, researchers, case officers, administrators and others) function in harmony. It was designed organically to move along an arc from concept to reality, providing discussion on best practices along the way. Speakers and workshop moderators began by shaping the Tribunal to best meet its mandate, then put this ideal tribunal to work, examining its management of cases, its hearing style and finally its decision-making and decision-writing processes.

The opening plenary address, "Integrated Alignment: Mastering the Conceptual Challenges of Governance in Daily Tribunal Operation," was prepared by Laverne Jacobs, Visiting Scholar, Cornell University Law School; PhD Candidate and SSHRC Canada Graduate Scholar, Osgoode Hall Law School. However, due to Ms. Jacobs' illness, the talk was ably delivered by Kevin Whitaker, Chair of the Ontario Labour Relations Board. The presentation focused on the theme of the conference, the integrated tribunal-what it means and the challenges that it faces.

Rounding out the program for the day were three concurrent workshops on internal tribunal governance, the role of parties and other stakeholders, and an overview of the latest developments in administrative law.

Following these workshops was the president's reception on the terrace of the Congress Centre.

Monday, June 12, began with a plenary session, "Directing the Action: Putting the Tribunal to Work." Linda P. Lamoureux, Chair, Health Professions Appeal & Review Board, looked at the best practices in case management along with performance measures and business processes with the goal of making tribunals understandable, accountable, accessible, and useful. The Honourable Michel Robert, Chief Justice of the Québec Court of Appeal, examined new trends in the court system. The final speaker, Richard G. Dearden of Gowling Lafleur Henderson LLP, spoke about the practitioners' view of the whole adjudicative process.

Delegates were then able to choose from among concurrent workshops on preparing for a case, case management, and alternative dispute resolution.

At lunch, the 2006 CCAT Medal was presented to the Honourable Justice René Dussault of the Québec Court of Appeal. This medal is awarded by CCAT in recognition of the recipient's ongoing contribution to the improvement and advancement of administrative justice in Canada.

The following plenary session, "The Performance – Managing a Hearing," had a serious topic but the presentation was novel. Scriptwriters Gerry Stobo, Partner, Borden Ladner Gervais LLP, Ottawa, and Reagan Walker, General Counsel, Canadian International Trade Tribunal, had developed a series of vignettes with actors showing what might, what should, and what should not happen in the hearing room. Both actors and audience learned a lot (and laughed quite a bit) through this slice of what can happen in a hearing.

Finishing the day's program was a series of workshops on problem solving at the hearing, running a proactive hearing, and a repeat of a previous workshop on the latest developments in administrative law.

The day concluded with a reception and banquet, the latter featuring a presentation by the Honourable Vic Toews, Minister of Justice and Attorney General of Canada.

The closing plenary of the conference, "Decision Time," started the final day of the conference, Tuesday, June 13. Panellists included the Honourable Lois F. Oakley, Chief State Administrative Law Judge, Office of State Administrative Hearings, Atlanta Georgia, USA & President of the National Association of Administrative Law Judges, who looked at the American model of administrative adjudication; Mr. Justice James D. Carnwath, Superior Court of Justice (Ontario), who reviewed the type of language to use in decision-writing; and Professor Edward Berry, University of Victoria, who gave a comprehensive overview of what to consider when writing for others.

Three concurrent workshops on panel deliberations, jurisprudence and consistency, and practice tips for crafting better decisions rounded out the 2006 conference program.

The Annual General Meeting of CCAT members and the election of members to the Board of Directors followed.

Please visit other pages on the website to read the papers presented at the conference.

On behalf of CCAT's Executive Committee and the Board of Directors, we warmly thank the many volunteers who assisted us in preparing the program and the many speakers and moderators who graciously volunteered their time and expertise to make this conference a significant learning experience.

Lilian Ma and James Ogilvy
Co-Chairs of CCAT's 22nd Annual Conference