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REGISTER NOW • 1-877-927-7936

www.CanadianInstitute.com/AdministrativeLaw
November 19–20, 2014 • Ot t awa Convent i on Cent r e
This conference and both workshops
count toward CPD hours for lawyers
in various provinces
Please see inside for details
EARN
CPD
HOURS
@CI_Legal #AdminLaw
Highlights of this year’s program include:
• Tribunal clustering trend and impacts — the new proposed federal
“super-agency”
• Institutional independence of tribunals
• Ethical and professional issues arising in administrative law
• Practical strategies for setting the stage and tone of administrative hearings
• Exploring “issue estoppel” in administrative proceedings
• Trends in recent administrative decisions raising Charter issues
• Top cases of the year
And much more!
Co-Chairs:
Freya Kristjanson
Partner
Cavalluzzo, Shilton, McIntyre
& Cornish LLP, Toronto
Nicholas McHaffie
Partner
Stikeman Elliot LLP
Augment your learning experience with two workshops:
B. Improved Decision Writing for Administrative Adjudicators
Please see inside for details
A. The Fundamentals of Administrative Law
The Canadian Institute’s 14
th
Annual
ADVANCED
ADMINISTRATIVE
LAW & PRACTICE
Essential Professional Development for Counsel and Decision Makers
This program contains 1.45 Professionalism Hours and is eligible for
up to 9.15 Substantive Hours accredited by the Law Society of Upper
Canada.
This program contains 10.5 CPD Hours of which 1 hour will be allocated as ethics.
Workshop A = 3 CPD Hours, Workshop B = 2 CPD. Hours accredited by the Law
Society of Saskatchewan.
EARN
CPD
HOURS
Register at 1-877-927-7936 or www.CanadianInstitute.com/AdministrativeLaw
@CI_Legal #AdminLaw
Gain Insights From These
Distinguished Speakers:
Co-Chairs:
Freya Kristjanson
Partner
Cavalluzzo, Shilton,
McIntyre & Cornish LLP,
Toronto
Nicholas McHaffie
Partner
Stikeman Elliot LLP
Speakers:
Sandra Guttmann
General Counsel, Corporate
Secretary and Labour
Relations Officer
Association of Justice
Counsel
Cyndee Todgham Cherniak
Founder
LexSage Professional
Corporation
Michael Gottheil
Executive Chair
Social Justice Tribunals
Ontario
Julianne C. Dunbar
General Counsel
Military Police Complaints
Commission
William C. McDowell
Partner
Lenczner Slaght LLP
Luisa Ritacca
Partner
Stockwoods LLP
Donald Buckingham
Chairperson
Canada Agricultural Review
Tribunal
Peter Engelmann
Partner
Sack, Goldblatt,
Mitchell LLP
Alexander Pless
Regional Manager and
Senior Counsel
Department of Justice
Commercial Law
Directorate
Roslyn Mounsey
Counsel
Ontario Regional Office
Department of Justice
Canada
Paul Daly
Assistant Professor
Faculty of Law
Université de Montréal
Daniel J. Michaluk
Partner
Hicks Morley Hamilton
Stewart Storie LLP
William S. Challis
General Counsel
Information and Privacy
Commissioner of Ontario
Emily Lawrence
Partner
Paliare Roland Rosenberg
Rothstein LLP, Toronto
Ian R. Mackenzie
Arbitrator and Mediator
Shelley Appleby-Ostroff
Legal Writing Specialist
SAO Legal Writing
Jodi Martin
Partner
Paliare Roland Rosenberg
Rothstein LLP
Jennifer Seligy
Legal Counsel
Legal Services, Policy,
Research and Technology
Analysis Branch
Office of the Privacy
Commissioner of Canada
David Vinokur
General Counsel
Immigration and Refugee
Board of Canada
Who Will Be There
• Chairs, Vice-Chairs of administrative tribunals
• Tribunal/board counsel
• Government and commission lawyers
• Municipal and university decision makers and their advisors
• Ombudspeople
• Arbitrators
• Lawyers in private practice
It is a time of change in administrative law given the proposed restructuring
of eleven federal administrative tribunals by the Administrative Tribunals
Support Service of Canada Act. For the affected administrative tribunal
adjudicators & CEOs, the shifting of general powers to the Chief
Administrator is of particular interest due to the ripple effects such as,
maintaining institutional independence from government and the impact
on access to justice.
As always, we will continue to bring you the top cases of the year and
examine trends in recent administrative decisions raising Charter issues.
We will also look at privacy concerns that have been raised including the
limits set on final decisions from tribunals that are released to the public.
We have also seen recent cases dealing with jurisdictional disputes between
tribunals.
Whether you are a government lawyer, member of a tribunal or of the private
Bar, The Canadian Institute’s 14
th
Annual Advanced Administrative Law
& Practice event offers outstanding speakers and guidance on the key areas
affecting your practice.
We are also providing two practical workshops this year. The pre-conference
workshop: The Fundamentals of Administrative Law is back by popular
demand. It offers a chance for you or your team members to get up to
speed on the area of administrative law. Following the conference: Improved
Decision Writing for Administrative Adjudicators is designed to provide
tips and personalized feedback on your decision writing, which is particularly
timely given the recent jurisprudence in the duty to give reasons.
Don’t miss this outstanding opportunity for professional development.
Reserve your space today by calling The Canadian Institute toll-free at
1-877-927-7936, faxing your registration to 1-877-927-1563, or registering
online at www.CanadianInsitute.com/AdvancedAdmin.
We look forward to seeing you there!
Sponsorship & Exhibition Opportunities
Daniel Gellman
Director of Business Development
TELEPHONE: 416-927-0718 ext. 7389
TOLL-FREE: 1-877-927-0718 ext. 7389
EMAIL: d.gellman@CanadianInstitute.com
To receive exclusive discounts, program
updates and offers, join our email list at
www.canadianinstitute.com/emaillist
WEDNESDAY, NOVEMBER 19, 2014
8:00 Registration Opens and Refreshments Served
9:00 Welcome and Opening Remarks
Co-Chairs:
Freya Kristjanson
Partner
Cavalluzzo, Shilton, McIntyre & Cornish LLP, Toronto
Nicholas McHaffie
Partner
Stikeman Elliot LLP
9:10 Discussion on Tribunal Processes: Where Tribunals
Are Heading and Impacts of the New “Super-Agency,”
Administrative Tribunals Support Service of Canada
(ATSSC)
Moderator:
Donald Buckingham
Chairperson
Canada Agricultural Review Tribunal
Speakers:
Sandra Guttmann
General Counsel, Corporate Secretary and Labour Relations Officer
Association of Justice Counsel
Cyndee Todgham Cherniak
Founder
LexSage Professional Corporation
Michael Gottheil
Executive Chair
Social Justice Tribunals Ontario
• Recognizing where the tribunals are heading — discussing major
trends
o What have different jurisdictions done?
o Is there a risk to a tribunal’s specialization and expertise?
o How can administrative justice reform enhance access
to justice?
• Exploring the model of the Social Justice Tribunals Ontario
(SJTO) cluster for insights on the ATSSC structure
• Debate on tribunal independence and potential for bias
• Alternatives to awarding costs
• Are tribunals the right forum to deal with disputes?
• The impact of the ATSSC plans on tribunal counsel
o Developments on the new “super-agency”
o How to ensure fairness, independence and due process
o The effects of amalgamation on access to justice, administrative
efficiencies and counsel’s ability to effectively carry out their
duties
10:00 Networking Refreshments Break
10:20 Panel Discussion of Ethical and Professional Issues
Arising in Administrative Law, Based on Recent
Fact Scenarios
Moderator:
Freya Kristjanson
Partner
Cavalluzzo, Shilton, McIntyre Cornish LLP
Speakers:
Julianne C. Dunbar
General Counsel
Military Police Complaints Commission
William C. McDowell
Partner
Lenczner Slaght LLP
• Ethical issues for tribunal counsel arising in tribunal hearings
and on judicial review surrounding disclosure, the public interest,
and advocacy
• Duties in relation to the tribunal panel members, counsel and parties
• Particular ethical and professional challenges dealing with
self-represented parties
• Public sector lawyers: How do the rules of Professional Conduct
apply? Who is the client? How are conflicts dealt with?
11:20 Internal Standard of Review
Paul Daly
Assistant Professor
Faculty of Law
Université de Montréal
• Role of deference in the context of administrative appellate review
• Does Dunsmuir govern review within administrative bodies?
• Need to distinguish judicial appellate review from administrative
appellate review
• Different rules for general appellate tribunals and specialized
appellate bodies
• Standard of review by courts of application of principles of deference
12:15 Networking Luncheon for Delegates and Speakers
1:15 Latest on the Standards of Review — Recent Cases
Nicholas McHaffie
Partner
Stikeman Elliot LLP
• The reviewability of decisions
• Discover where the court is going given recent rulings
• Analyzing the Dunsmuir framework with recent updates on
application in the cases, McLean v. British Columbia and
Canadian National Railway Co. v. Canada
o Get the latest insights into the potential implications
of key cases
o Approaches to defending applications brought on grounds
of unreasonableness
o Winning tips for proving reasonableness and unreasonableness
to a court
2:00 Networking Refreshments Break
2:15 Practical Wisdom in Conducting Administrative
Hearings
Donald Buckingham
Chairperson
Canada Agricultural Review Tribunal
• Strategies for setting the stage and tone of the hearing
• Dealing with procedural questions, when things start to boil over
• Learn how to effectively conclude the hearing
• Applying the rules of evidence to administrative tribunals
• Increasing access to justice for self-represented litigants
3:00 Exploration of Bias: Dilemmas and Solutions
Peter Engelmann
Partner
Sack, Goldblatt, Mitchell LLP
David Vinokur
General Counsel
Immigration and Refugee Board of Canada
• Examine institutional bias including terms of appointment —
how to determine whether a decision maker is biased
o A critical look at the new “super-agency,” Administrative
Tribunals Support Service of Canada (ATSSC) department
within the Justice portfolio
• Solutions for how to assess perceptions of bias
Register at 1-877-927-7936 or www.CanadianInstitute.com/AdministrativeLaw
@CI_Legal #AdminLaw
• Guidelines for appropriate tactics and procedural rules
• Learn how to resolve conflict-of-interest dilemmas with decision
makers
• Ensuring you have the grounds and reasons for bringing
an application
• Gain insights on relevant case law updates including Mohammed
v. Canada (Minister of Citizenship and Immigration)
3:45 Top Charter Decisions of the Past Year in
Administrative Law
Alexander Pless
Regional Manager and Senior Counsel
Department of Justice
Commercial Law Directorate
Roslyn Mounsey
Counsel Ontario Regional Office
Department of Justice Canada
• Survey of recent Charter cases including the SCC case, Loyola High
School v. Quebec (pending) post-Doré
• Application of the Charter to administrative decisions
o Examine trends in recent administrative decisions raising
Charter issues
o Emergence of Charter values as a distinct factor in administrative
decision making in trying to interpret its own statute
o Impact of Doré on the role of administrative decision makers
faced with Charter issues
4:30 Case Law: Critical Updates on Administrative Law
and Other Important Cases of 2014
Luisa Ritacca
Partner
Stockwoods LLP
• SCC case law application and insights
o Implications of cases such as Doré v. Barreau du Quebec
• The increasing use of AMPs including CASL and the Income Tax
Act in the case, Guindon v. The Queen
o The effect of AMPs in discouraging undesirable behavior
and giving teeth to legislation
• Exploring relevant case law for self-represented litigants such as
Elizabeth Bernard v. Canada
5:15 Closing Remarks from Co-Chairs
5:30 Conference Adjourns
THURSDAY, NOVEMBER 20, 2014
8:30 Refreshments are Served
9:00 Opening Remarks
Co-Chairs:
Freya Kristjanson
Partner
Cavalluzzo, Shilton, McIntyre & Cornish LLP, Toronto
Nicholas McHaffie
Partner
Stikeman Elliot LLP
9:05 Privacy Concerns at Tribunals, Online and at
the Border
Daniel J. Michaluk
Partner
Hicks Morley Hamilton Stewart Storie LLP
William S. Challis
General Counsel
Information and Privacy Commissioner of Ontario
Jennifer Seligy
Legal Counsel
Legal Services, Policy, Research and Technology Analysis Branch
Office of the Privacy Commissioner of Canada
• The impact of the internet on ‘openness’ and the content
of written decisions
o Law, technology and practical guidance
• Suggested limits for what to include in final decisions released
to the public
• Dealing with the privacy interests of affected non-parties
• A look at information sharing between nations at the border —
CPIC, RCMP, FBI
• Resolving issues that arise when a party claims evidence cannot
be disclosed for national security
o Analyzing national security interests
• Guidance on the materials that can be made public in a judicial
review case
• Best practices for whistleblower protection
10:00 Current Issues of Alternative Dispute Resolution
Ian R. Mackenzie
Arbitrator and Mediator
• Best practices in tribunal mediation and how tribunals can make
the mediation process effective, fair and transparent
• Mediation and the self-represented: the potential and the limitations
10:45 Networking Refreshments Break
11:00 Best Practices of Effective Decision Writing
Shelley Appleby-Ostroff
Legal Writing Specialist
SAO Legal Writing
• Key components of clear, concise, and well-reasoned decisions
• Writing for your readers
• Structuring your decision around the issues
• Making the decision’s structure visible
• Providing context before details
• Practical tips and guidelines for enhancing your decision writing
11:45 Jurisdiction of Tribunals and Application of Issue
Estoppel Post-Penner
Jodi Martin
Partner
Paliare Roland Rosenberg Rothstein LLP
Freya Kristjanson
Partner
Cavalluzzo, Shilton, McIntyre & Cornish LLP, Toronto
• Exploring issue estoppel in administrative proceedings
o Duplication of proceedings — the finality of decisions from
the perspectives of labour relations to human rights
o Implications of the discretionary application of issue estoppel
for decision-makers
o How to respond to the attempts to duplicate and re-litigate
the process of complaints
• Examining if tribunals can address all the live issues
o Analysis of the jurisdiction of a tribunal hearing a case already
addressed by another tribunal
o Jurisdictional cases including, Penner v. Niagara (Regional Police
Services Board)
• Examining tribunal jurisdiction Post-Penner; what have
administrative tribunals been doing?
12:45 Chair’s Closing Remarks & Conference Concludes
Register at 1-877-927-7936 or www.CanadianInstitute.com/AdministrativeLaw
@CI_Legal #AdminLaw
©The Canadian Institute, 2014
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ADMINISTRATIVE DETAILS
VENUE: Ottawa Convention Centre
ADDRESS: 55 Colonel By Drive, Ottawa, ON, K1N 9J2
TEL.: 613-563-1984
Hotel Reservations
Reserve your room by November 7
th
and SAVE!
HOTEL: Lord Elgin Hotel
ADDRESS: 100 Elgin Street, Ottawa, ON, K1P 5K8
TEL: 613-235-3333
A limited number of rooms have been set aside at the Lord Elgin Hotel
until November 7, 2014 OR until hotel is sold out with rates starting at
$169.00. Please note rooms are on a first come, first serve basis. To book
online, please go to http://bit.ly/1oIVsM0. For additional assistance, call
613-235-3333 / 1-800-267-4298 and ask for the ‘Canadian Institute
– Advanced Administrative Law’ rate.
Registration Fee
The fee includes the program, all program materials, coffee breaks
and lunches.
Payment Policy
Payment must be received in full by the program date to ensure
admittance. All discounts will be applied to the Program Only fee
(excluding add-ons), cannot be combined with any other offer, and must
be paid in full at time of order. Group discounts available to 4 or more
individuals employed by the same organization, who register at
the same time. For more information on group rates, please call
1-877-927-7936.
Cancellation and Refund Policy
You must notify us by email at least 48 hrs in advance if you wish to send a
substitute participant. Delegates may not “share” a pass between multiple
attendees without prior authorization. If you are unable to find a substitute,
please notify The Canadian Institute in writing no later than 10 days prior
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amount paid. Credit Vouchers are valid for 1 year and are redeemable
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may request a refund of fees paid less a 25% service charge. No credits
or refunds will be given for cancellations received after 10 days prior to the
program date. The Canadian Institute reserves the right to cancel any
program it deems necessary and will, in such event, make a full refund of
any registration fee, but will not be responsible for airfare, hotel or other
costs incurred by registrants. No liability is assumed by The Canadian
Institute for changes in program date, content, speakers or venue.
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PRE-CONFERENCE WORKSHOP
NOVEMBER 18, 2014
2:00 pm – 5:00 pm (registration opens at 1:30 pm)
The Fundamentals of Administrative Law
Emily Lawrence
Partner
Paliare Roland Rosenberg Rothstein LLP, Toronto
If you or someone from your team needs a refresher on administrative law
and the latest jurisprudence in this area, this is a great opportunity to get
up to speed.
• The policy underlying the system of administrative justice
• The source of tribunal jurisdiction
• Natural justice/the principles of fundamental justice
• Applicable procedural statutes
• Guideline, policy and rule-making authority
• Independence and bias: key legal principles
• What is privative clause, and what is its practical implication?
• Burden of proof, standard of proof
• Judicial review
o sources of authority
o difference from appeals
o remedies
o what does “standard of review” mean?
• Leading cases in administrative law
Emily Lawrence has a diverse litigation practice, with an emphasis on civil
litigation and public law. She provides pragmatic, creative, and client-
focused advice and strategies to individuals, institutions and corporate
clients. She regularly acts for clients in civil and commercial disputes,
employment and pension litigation, and administrative law proceedings.
She maintains an active hearing practice, and has particular expertise
in administrative and civil proceedings involving regulated professionals,
both as a prosecutor and defence counsel before regulatory tribunals and
the civil courts. Within the firm, Emily is the head of the firm’s student
program. Emily holds a LL.B. from Osgoode Hall (2005) and a B.A. from
Concordia University (2002).
A
POST-CONFERENCE WORKSHOP
NOVEMBER 20, 2014
1:15 pm – 3:15 pm (registration opens at 12:45 pm)
Improved Decision Writing for Administrative
Adjudicators
Shelley Appleby-Ostroff
Legal Writing Specialist
SAO Legal Writing
This hands-on workshop is a great platform to receive personalized
feedback on your decision writing. Participants will examine excerpts from
published decisions and discuss how they could be improved. Participants
will then apply what they learn by revising one of their own decisions.
To get the most out of this workshop, participants should bring a hard copy
of one of their tribunal’s published decisions.
• Get tips on writing effective introductions and an understanding
of core writing principles
• Practice drafting and revising passages
• An opportunity to workshop your writing samples
• Writing resources, tip sheets, and checklists
Shelley Appleby-Ostroff is a legal writing specialist, lawyer, and professor.
She has over 20 years’ experience as a practicing lawyer, senior counsel and
executive in the federal public service, mediator, and executive coach. She
is the founder of SAO Legal Writing, a consulting firm that specializes in
reader-driven professional writing development for lawyers. In addition to
helping lawyers become better writers, Shelley is currently completing her
Master’s degree in Writing Studies at Carleton University. She also teaches
legal writing at the University of Ottawa’s law school, where she is one of
the Legal Writing Academy’s program co-directors.
B
A light lunch will be served to those attending both
the Main Conference and Workshop B
November 19–20, 2014 • Ot t awa Convent i on Cent r e
4471369
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AdministrativeLaw
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256L15.S
The Canadian Institute’s 14
th
Annual
ADVANCED ADMINISTRATIVE
LAW & PRACTICE
Essential Professional Development for Counsel and Decision Makers
Comments from last year’s participants:
“ Thoughtful and provocative
presentations from experts
in the field ”
– Sylvia Cox-Duquette
Senior General Counsel, Immigration
and Refugee Board of Canada
“ Variety of useful and timely
topics, knowledgeable
speakers ”
– Charita Ohashi
Crown Counsel, Saskatchewan Ministry of Justice
The Canadian Institute’s 14
th
Annual
ADVANCED
ADMINISTRATIVE
LAW & PRACTICE
Essential Professional Development for Counsel and Decision Makers
Explore key ethical and professional issues for tribunal counsel arising
in administrative law
Hear about the impact of the “super-agency” plans on tribunal counsel
and recognize where the tribunals are headed
Gain key skills for writing clear, concise, and well-reasoned decisions
Get a critical update on the latest case law impacting your practice
Gain practical insights for conducting administrative hearings

• Stikeman Elliot LLP
• Military Police Complains Commission
• Department of Justice Canada
• Office of the Privacy Commissioner of Canada
• Canada Agricultural Review Tribunal
• Stockwoods LLP
• Social Justice Tribunals Ontario
Participating Organizations Include: