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2009 Conference Synopsis

This year's conference was attended by 280 people, of whom 241 were conference registrants and the rest invited speakers and moderators. Attendees came from across Canada, from the United States, from Australia and Brazil. Almost 50 speakers addressed the state of administrative justice in Canada today and looked at both new and continuing challenges.

On Sunday, May 31, a plenary panel session on "The Future of Administrative Tribunals/Justice" began the conference. Margaret MacDonald, Deputy Minister, Nova Scotia Labour and Workforce Development, reviewed the situation in Nova Scotia. Debra Roberts, Deputy Chief of Staff, Human Resources and Public Appointments, Office of the Premier of Ontario, gave an overview of the public appointments secretariat, its mandate, and the reforms underway or being considered. Gaston Pelletier, Direction des Affaires législatives du Ministère de la justice du Québec, discussed amendments to the Quebec Act that strengthened independence and impartiality provisions for adjudicative bodies.

Six roundtable forums occupied the rest of the afternoon with facilitators leading discussions on Workers' Compensation; Human Rights; Property Assessment and Taxation; Public Utilities/Economic Regulations; Rental Housing/Landlords and Tenants; and Labour and Employment.

The day ended with the President's reception at the Maritime Museum of the Atlantic where guests enjoyed wines from Nova Scotia's Domaine de Grand Pre and viewed exhibits on the maritime history of Nova Scotia featuring exhibits on the Titanic and the Halifax Explosion.

Monday, June 1, opened with a plenary session - a debate - about the appropriate level of independence for administrative tribunals in the context of the Ocean Port (SCC, 2001) case. The debaters were Kevin Whitaker, Chair, Ontario Labour Relations Board; Craig Jones, Supervising Counsel, Constitutional & Administrative Law Group, B.C. Ministry of the Attorney General; Ron Ellis, Q.C., former Chair of the Ontario Workers' Compensation Appeals Tribunal; and Kimberley Turner, Partner, Pink Breen Larkin in Halifax. The arguments on both sides hinged on the concern (or non-concern) about the judicialization of tribunals.

Attendees then could choose among three concurrent workshops:

• The first dealt with the increasing number of self-represented participants in cases before tribunals and the innovative computer software tool, A2J Author®, that assists the self-represented person.
• The second was on dispute resolution and how to make it faster and more satisfying.
• The third, "What were you thinking?" looked at the accountability of tribunal members for both their personal and work behaviour, and the tools to deal with misconduct.

At lunch following the workshops, Dennis Edney, Principal, Dennis Edney Professional Corporation in Edmonton and pro bono counsel for Omar Khadr, gave a very engaging speech on the Rule of Law in an age of terror.

The post-lunch plenary session, "Administrative Law Blast," was a panel of experienced lawyers and professors who each gave a 10-minute update on an area of administrative law. Nicolas Lambert, Faculty of Law, University of Moncton, reviewed procedural fairness, jurisdiction of administrative bodies, judicial remedial jurisdiction, and judicial standards of review. Jula Hughes, Faculty of Law, University of New Brunswick, looked at statutory exceptions to human rights. France Houle, Faculty of Law, Université de Montréal, discussed the fettering of discretion doctrine in the context of the Immigration and Refugee Board. Other presenters were Jennifer Ross, Burchell Hayman Parish, Halifax; and Martha A. Healey, Partner, Ogilvy Renault LLP, Ottawa.

Three concurrent workshops rounded out the business side of the day:

• The first looked at how governments can support training for tribunals without interfering with tribunal independence.
• The second was a review of the state of administrative justice in Atlantic Canada.
• The third was on accessibility and how to ensure adequate access to administrative justice for those with mental illness.

The day ended with an evening reception and lobster dinner, followed by a traditional Atlantic Canada ceilidh.

Tuesday, June 2, the final conference day, opened with a plenary session - a judges' panel, "Getting It Right: Tips from the Bench." The distinguished panel consisted of The Honourable Michel Bastarache, former Justice of the Supreme Court of Canada; The Honourable David Jenkins, Chief Justice of Prince Edward Island and Chief Justice of the Appeals Division of the P.E.I. Supreme Court; and The Honourable Joel E. Fichaud, Nova Scotia Court of Appeal. They looked at judicial review, concentrating on the 2008 Supreme Court decision in Dunsmuir v. New Brunswick.

Attendees then had a choice among three concurrent workshops:

• Privacy issues were the topic of the first workshop: reconciling open courts and individual privacy rights in a digital age.
• The second workshop dealt with legislative and regulatory drafting with the presenters giving an overview of the steps, processes, and roles in enacting legislation and other regulatory instruments as well as information about how and when tribunals can have an impact.
• The final workshop consisted of a discussion of merit-based reappointments to tribunals in the context of independence and impartiality of tribunals.

At lunch following these workshops, the CCAT Medal 2009 was presented to Anne S. de Villars, Q.C. and to David Philip Jones, Q.C. This medal is awarded in recognition of the recipients' ongoing contribution to administrative justice in Canada.

The conference then concluded with the conference co-chairs, Louanne Labelle and Diane Zwicker, introducing Hélène de Kovachich and Jean-François Clément, the co-chairs of the CCAT 5th International (and 26th Annual Conference), to be held in Montreal, May 30 to June 1, 2010.

The Annual General Meeting of CCAT members took place with election of the 2009-2010 Board of Directors.

Wednesday, June 3, was the post-conference training day, "Using Plain Language: A Day in the Life of a Case," that was organized by CCAT's Professional Development Committee. The full-day workshop combined presentations with hands-on exercises.

The conference and training day were accredited for 12.5 and 7.5 hours respectively of CLE by the law societies of British Columbia, Ontario, and Quebec. Requests for certificates of attendance for accreditation purposes are to be made to CCAT's Executive Director.

Most conference papers and presentations are available on the CCAT Members' Extranet. After signing in, click on "Conference Papers" and choose "2009 Conference Papers."

On behalf of CCAT's Executive Committee and Board of Directors, we would like to thank the many volunteers who helped us prepare this program and the many speakers and moderators who volunteered their time and expertise to make this conference a success and a valuable learning experience.

We would also like to thank the Government of Nova Scotia, particularly the Department of Justice, for their financial support and for the personal support and encouragement provided to us as Co-Chairs of this first CCAT annual conference held in the Atlantic region.

Louanne Labelle and Diane Zwicker, Co-Chairs of CCAT's 25^th Annual Conference.

July 2009