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Welcome to Symposium 2019

This year’s program has been designed to deliver practical skills through outstanding keynote presentations and a series of highly practical, interactive workshops led by prominent and distinguished experts within the administrative justice community. Consult our Symposium Program At a Glance below or click on the PDF and then join us in spectacular Montreal. 

Date/Time

Event

Sunday, May 26


08:00 – 17:00

Registration Service Desk (Convention Level)

08:30 – 11:00

CCAT Board of Directors Meeting (Outremont 1)

11:30 – 12:30

Luncheon & Networking (St-Laurent 4)

12:30 – 12:45

Welcome & Opening Remarks (St-Laurent 4)
Symposium Co-Chairs


Opening: Land Acknowledgement & Blessing
Otsitsakenren Charles Patton, Mohawk Council of Kahnawake 

12:45 – 13:15

Keynote Address:  Why the World Needs More Lawyers
Join award-winning humanitarian and Founder of War Child, Dr. Samantha Nutt, as she discusses the role of lawyers and the rule of law in humanitarian action, and how legal actors contribute to just and peaceful societies.

 • Dr. Samantha Nutt, Global Humanitarian, Founder and Director General of War Child & bestselling Author

13:15 – 14:45

Plenary A: Exploring the Challenges of Truth, Reconciliation, and International Justice
Post-conflict responses are varied and complex. Reconciling and achieving the concepts of truth, reconciliation and justice is an ongoing struggle. Panelists will offer their perspectives and highlight lessons learned from their experiences working with TRCs in The Gambia and Mali and in contrasting TRCs with judicial responses and prosecutions in international criminal institutions, including the International Criminal Court. They will also explore the involvement of civil society and NGOs in contributing to successful processes and consider whether and how one can measure the impact and successes of TRCs in achieving lasting peace and true reconciliation.

Panelists:
  • Eliott Behar, International Lawyer and Consultant
  • Darryl Robinson, Professor, Queen's University Faculty of Law
  • Janine Lespérance, Legal Advisor, Lawyers Without Borders Canada

14:45 – 15:15

Refreshments & Networking (Foyer St-Laurent)

Simultaneous Sessions

 15:15 – 16:45

Session 1:  Application of International Conventions in decision-making: A Canadian and International perspective (St-Laurent 4)
The application of international conventions in decision-making by domestic tribunals can be challenging.  How do domestic Canadian Tribunals do it?  How do domestic tribunals from other nations do it?  We will navigate those questions through an interesting discussion with panelists that bring a different perspective and hands-on expertise on the matter.

Moderators: 
  • Jacqueline Corado Vice-Chair and Member, Transportation Appeal Tribunal of Canada
  • Tim Morin, General Counsel and Manager, Regional Legal Services, Immigration and Refugee Board of Canada
Panelists:
  • Sabine Michaud, Lawyer, Lawyers without Borders
  • Stephane Beaulac, Faculty of Law, University of Montreal
  • Delphine Nakache, Associate Professor, International Development and Global Studies, University of Ottawa

Session 2: The New Reasonable Person (St-Laurent 6)
What is the norm? Who do you have in mind when you need to assess the behaviour of a reasonable person? How do you define your evaluation sample? How do you integrate a plural and diverse perspective with the evidence presented to you? Come share your thoughts about these questions with our panelists.
               
Moderator:  Me Mélanie Raymond, Member, Immigration Appeal Division, Immigration and Refugee Board of Canada

Panelists:
  • Me Fabrice Vil, Columnist, Co-founder and General Manager, Pour 3 points, an organization that helps sport coaches become life coaches for disadvantaged youths;
  • Me Clément Camion, Partner, En Clair Service-Conseil, a business specializing in the simplification of legal contents;
  • Me Adriana Chafoya-Hunter, Legal Aid Lawyer, Bureau d’aide juridique Droit de la jeunesse and Member of the Committee on Ethnocultural Diversity of the Bar of Montreal

Session 3: Access to justice for persons with disabilities and others from historically disadvantaged groups, particularly when self-represented (Ville Marie)
Individuals from historically disadvantaged groups, including persons with physical or mental disabilities, have often struggled to access justice before tribunals, particularly so when they are self-represented litigants. How can tribunal adjudicators ensure that such individuals have the facts and law before them without being or being perceived as partial? At what point might it become unfair to allow some persons to navigate a hearing process? What principles and procedures have been adopted by skilled adjudicators to preserve notions of impartiality and avoid bias allegations for self-represented individuals? What should be considered as “procedural fairness” towards fragile individuals?

Moderator:  Marie Langlois, Member, Canadian Human Rights Tribunal

Panelists:
  • Marg Creal, Chair, Ontario Consent and Capacity Board, Ontario 
  • Natalie Lejeune, Chair and General Director, Tribunal Administratif du Quebec, Quebec 
  • Nanna Magnadottir, Chair, Icelandic Environmental and Natural Resource Board of Appeal, Iceland
  • Kirsten Mercer, Member, Canadian Human Rights Tribunal, Ottawa

17:00 – 18:30

CCAT Chair's Reception (Bell Centre – MyThik)

Monday, May 27


08:00 – 17:00

Registration Service Desk (Convention Level)

08:00 – 08:45

Breakfast (Montreal 4)

08:45 –10:00

Plenary B: Administrative Law Update (Montreal 4)
Another exciting year for administrative law watchers and practitioners! In Canada, the provincial and federal courts remain busy while we all await the Supreme Court's rethink of Dunsmuir and international events in the UK and US give us much to ponder. This Plenary will provide thoughtful insights and analysis on these critical developments from two internationally recognized administrative law experts.

Moderator:  Michelle Flaherty, Associate Professor Faculty of Law, University of Ottawa, Mediator and Arbitrator

Panelists:
  • Dr. Paul Daly, University Senior Lecturer in Public Law, University of Cambridge
  • Audrey Boctor, Partner, IMK Advocates

10:00 – 10:30

Refreshments & Networking (Foyer Montreal)

Simultaneous Sessions

10:30 – 12:00

Session 4:  Administrative Tribunals and Mediation: at the forefront of innovation (St-Laurent 4)
Flexible, diverse, less formal ... administrative tribunals constantly innovate in preventing and resolving disputes.  Come and discuss with our panel\lists the major trends in ADR, discover inspiring projects and reflect on the impact of these advances on your practice.

Moderator:   Me Jean-François Roberge, Mediator, Head of the Alternative Dispute Prevention and Resolution program, Sherbrooke University 

Panelists:
  • Honourable Mr Justice Vasheist Kokaram, High Court Judge, Supreme Court, Trinidad and Tobago
  • Me Caroline Lemay, Ombudsman, Mediator, Founder and Director of Omega Ombudservices
  • Me Véronique Pelletier, Administrative Judge, Tribunal administratif du Québec
  • Me Manon Goyer, Administrative Judge, Tribunal administrative du Québec

Session 5:  Inquisitorial versus adversarial adjudication: what can we learn from each other? (St-Laurent 6)
Inquisitorial and adversarial systems of adjudication rest on fundamentally different approaches.  The tension between the “duty to inquire” and adversarial approaches can raise significant dilemmas.  To what extent are inquisitorial and adversarial approaches dichotomous or do they lie on a spectrum?  How have adjudicators handled practical issues of being neutral and impartial versus being inquisitive?  What are the procedural implications of both approaches? Panelists in this session will describe their unique experiences from both perspectives, and how they may be able to inform one another.

Moderator:  Tim Morin, General Counsel and Manager, Regional Legal Services, Immigration and Refugee Board of Canada

Panelists:

  • Brenda Edwards, Member, Environmental Appeal Board; Forest Appeals Commission; Oil and Gas Tribunal; British Columbia Review Board
  • Michelle Alton, General Counsel, Workplace Safety & Insurance Appeals Tribunal
  • Gabriel Clermont Daigneault, Acting Coordinating Member, Immigration Appeal Division, Immigration and Refugee Board

Session 6:  How long is the arm in "arm's-length"?:  Delineating and protecting tribunal independence 
(Montreal 4)
Administrative tribunals sit close to the boundary between the executive and judicial branches.  Their independence from government is critical to their ability to discharge their responsibilities with impartiality and credibility, yet their operations and governance are typically subject to some degree of oversight by Ministers and/or government departments.  The specifics vary by jurisdiction and tribunal, but the complexities and ambiguities around tribunals' status and autonomy can sometimes lead to confusion, friction, and concerns about institutional integrity.  Through short presentations and an interactive discussion, this panel will explore questions such as:

  • What are the key features of tribunal independence?
  • What factors pose challenges to maintaining appropriate levels of independence?
  • What sorts of arrangements, norms, practices, and safeguards help protect appropriate levels of independence?
Audience participation through a question-and-answer session with the panel will be encouraged.
  
Moderator:  The Honourable William F. Pentney, Q.C., Judge of the Federal Court of Canada and former Deputy Minister of Justice and Deputy Attorney General of Canada, Deputy Secretary to the Cabinet (Plans and Consultations), Associate and Assistant Deputy Minister in several federal departments, and General Counsel at the Canadian Human Rights Commission

Panelists:

  • Ginette Brazeau, Chair, Canada Industrial Relations Board
  • Prof. Fabien Gélinas, Faculty of Law, McGill University
  • Ian Scott, Chair and CEO, Canadian Radio-television and Telecommunications Commission
  • Tatyana Teplova, Senior Counsellor, Governance, Organization for Economic Development and Cooperation

12:00 – 13:00

Luncheon (Montreal 4)

13:00 – 13:45

CCAT Annual General Meeting (Montreal 4)

13:45 – 15:00

Plenary C:  Innovative uses of technology to deliver administrative justice more efficiently 

This session will explore innovative uses of technology to deliver administrative justice more effectively.  It will provide an overview of approaches to identify and develop technological solutions.  It will provide case studies of tribunals incorporating technology into existing tribunals, redesigning the tribunal process, and developing new online tribunals.  The speakers will discuss changes in the administration and management of cases, and how technology influences the adjudicative process.

Moderator:  Hugo Cyr, Dean, Faculty of Political Science and Law, l'Université du Québec à Montréal

Panelists:

  • Valentin Callipel, Laboratoire de cyberjustice
  • Lise Girard, Chair, Tribunal administratif des marchés financiers, Quebec
  • Patrick Lahaie, State Administrator-Project Manager, Consumer Protection Office
  • Ian Darling, Chair, Condominium Authority Tribunal, Ontario

15:00 – 15:30

Refreshments & Networking (Foyer Montreal)

Simultaneous Sessions

15:30 –17:00

Session 7:  Mental Health – Building Resilience in Dealing with the Stressors of the Job (St-Laurent 4)
Resilience is an important personal resource to deal with the stressors of adjudication and management of change which can take a toll on us all.

Come learn from our panelists and share with our participant's ways to build personal resilience and discover techniques and approaches that you can add to your administrative practice tool kit now.

The panelists will share their insight and expertise with the participants employing idea sharing and interactive discussion.

Moderators: 

  • Avril A. Farlam, Vice-Chair, Licence Appeal Tribunal (Ontario) former Chair CPP/OAS Administrative Review Tribunal; former City of Windsor Hearing Officer; Deputy Judge, Small Claims Court, Superior Court of Justice (Ontario)
  • Derek Jones, Professor of Law and Psychiatry, McGill
Panelists:
  • Dr. Rajiv Bhatla, Psychiatrist-in-Chief and Chief of Staff, Royal Ottawa Health Care Group; Associate Professor, Department of Psychiatry, University of Ottawa; Vice-Chair, Consent and Capacity Board (Ontario)
  • Dr. Dimitri Louvish, Board Examiner, Family Physicians of Canada; Member Disciplinary and Preliminary Inquiry Committees, College of Physicians and Surgeons, Member, Licence Appeal Tribunal (Ontario)
  • Dr. Eleanor White, former President and Chair of Canadian Chiropractic Association; former Member, Office of the Commissioner of Review Tribunal (CPP); Vice-Chair, Licence Appeal Tribunal (Ontario); Member, Animal Care Review Board (Ontario); Member, Fire Safety Commission (Ontario)
Session 8:  A Watchful Eye on Administrative Justice since 1998 (St-Laurent 6)
This session will explore the history and mandate of the Conseil de la justice administrative as well as the various types of complaints filed and how to manage them. The evolution of ethical jurisprudence and the treatment of complaints according to new case law will also be covered.

Moderators:

  • Stéphanie Tremblay, Lawyer, Conseil de la justice administrative
  • Danie Daigle, Conseil de la justice administrative

Presenter:

  • Justice Morton S. Minc, Chair, Conseil de la justice administrative, former Chief Justice of the Montreal Municipal Court


Session 9:  Assessing the credibility of Witnesses: divination or science? (Montreal 4)
While good faith is presumed under certain legal regimes, the credibility of witnesses must be established: what tools, if any, can the administrative judge use to assess credibility?

Moderator:  Jean M. Poirier, j.a.t.a.t., Administrative Judge, Tribunal administratif du travail

Panelists:

  • Me Vincent Denault, LL.M., CESCNOV Co-Director, Lecturer and Doctoral student in communication (UdeM)
  • Honourable Lukasz Granosik, j.c.s., Superior Court of Quebec
  • Me Mélanie Daigle, Member, Refugee Protection Division, Immigration and Refugee Board of Canada
  • Me Pierre Gagné, Vice-Chair, Comité de déontologie policière
18:00 - 19:00   CCAT Reception (Bonaventure)

19:00 - 22:00

CCAT Dinner - A Night at the “Cirque” (Ville Marie)
Montreal’s unique culture and creativity are world renowned and the city has become the centre for “cirque” artists, including the famous Cirque du Soleil. Get ready for an evening of fun and experience Montreal’s joie-de-vivre first-hand at A Night at the “Cirque”. It’s Montreal, so prepare yourself to be truly amazed and look for a few surprises along the way!
NOTE: This event is not included in the Symposium registration fee. A ticket must have been pre-purchased to attend.

Tuesday, May 28


08:00 – 13:00

Registration Service Desk (Convention Level)

08:00 – 08:45

Breakfast (Montreal 4)

08:45 – 09:30

Keynote Address:  Sonia LeBel, Minister of Justice, Québec (Montreal 4)

09:30 – 10:00

Refreshments & Networking (Foyer Montreal)

Simultaneous Sessions

10:00 – 11:00

Session 10: Women in Administrative Law (St-Laurent 4)
This session will discuss the place of women in administrative law, the particular challenges they face and the legislative solutions that are put in place to deal with those challenges. For example, the preventive withdrawal of pregnant workers and the consequences of the Supreme Court of Canada's decision in Dionnec. Commission scolaire des Patriotes. The session will also cover the difficult problem of spousal violence, the new form of leave added to the Act Respecting Labour Standards, the maintenance of pay equity in relation to two recent Supreme Court of Canada decisions, and the fact that Quebec is one of the few provinces that does not include family status as a ground of discrimination. The analysis will focus primarily on Quebec’s legislation, but will also include some elements and examples from federal jurisdiction and from other Canadian provinces as well. This will be an interactive discussion, allowing the audience to share experience and knowledge of these topics.

Moderator:  Sylvie Séguin, Administrative Judge, Comité de déontologie policière

Panelists:

  • Amy Nguyen, Lawyer, Les services juridiques de la CSQ
  • Nathalie Léger, Legal Researcher, Les services juridiques de la CSQ
Session 11: How to use technology to promote access to justice (Montreal 4)
A brief session about how to use technology in order to offer a better access to justice for the general public. Two service managers from the Tribunal administratif du travail will talk about their concerns, problems met, and solutions and tools created since the fusion of the tribunal to achieve this goal.

They will present the result of their work: new Website, new intranet site, digital files and hearings and an on-line docket allowing all parties to have access to their files from beginning to end.

Moderator:  Andrée Gosselin, Administrative Judge, Tribunal administratif du travail

Panelists:

  • Line Corriveau, General Secretary, Tribunal administratif du travail
  • Claude Métivier, Director of Technology, Tribunal administratif du travail

11:00 - 12:30

Plenary D: Navigating the grey zones: Ethical challenges and the delivery of administrative justice (Montreal 4)
Those involved in the delivery of administrative justice are drawn to the field in large part by a desire to help make things right.  But sometimes, their own work can raise tricky ethical issues.  These issues can arise, for example, around social media use, outside professional or personal activities, assets and gifts, and relationships with parties before the tribunal. Effectively navigating such "grey zones" is essential to preserving personal and institutional integrity and reputations.  This panel will explore these challenges -- in part through an interactive discussion of real-world ethical dilemmas faced by tribunal Members and staff – and offer symposium attendees some tools for recognizing and dealing with ethical questions.

Moderator:  Paul Aterman, Chair, Social Security Tribunal, Ottawa

Panelists: 
  • Philippe Bouvier, Member, Tribunal administratif du travail
  • Bruce Chaulk, Commissioner for Legislative Standards, Newfoundland and Labrador
  • Catherine Ebbs, Chair, Public Service Labour Relations and Employment Board
  • Dave Thomas, Chair, Canadian Human Rights Tribunal 

12:30 – 13:30

Lunch, Closing Remarks and Thanks; Presentation for Symposium 36 in 2020

13:30 – 15:30

CCAT Board of Directors Meeting (Outremont 1)


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