January 17-18, 2008
University of Toronto Faculty of Law
This symposium explored the future of administrative justice by bringing together academics, participants in the tribunal sector and government policy makers to dialogue about improvements to administrative tribunals in Ontario and other jurisdictions. The goals of this event were to broaden the understanding of the issues and to create a richer knowledge base of research and analyses.
In recent years, there have been several jurisdictions which have overhauled their administrative tribunal sectors. Currently, there is a lively debate about the scope, nature and status of administrative justice in Ontario; however, this debate has not been given broad attention in academic research and literature. There are also important developments in peer jurisdictions, especially in B.C., Quebec and the United Kingdom, which can and should inform the dialogue in Ontario.
This symposium brought together leading academics, government officials and participants in the administrative tribunal sector from Ontario and other jurisdictions, and by doing so created source materials to enhance the knowledge based in this area. Source materials include academic papers, bibliographic materials, and a webcast.
The keynote address was given by Lord Justice Robert Carnwath, Senior President of Tribunals, England and Wales, on January 17, 2008. Read the keynote address (PDF).
Other speakers and moderators included Professor France Houle, Dean Phillip Bryden, Professor Lorne Sossin, Ron Ellis, Kathy Laird, Adam Dodek, Professor Audrey Macklin, Professor Laverne Jacobs, Deborah Roberts, Lillian Ma, Justice John Evans, and Integrity Commissioner David Mullan.
The symposium was hosted by the University of Toronto's Faculty of Law, with generous support from Legal Aid Ontario and The Law Foundation of Ontario.
We expect the papers presented at the symposium to provide a foundation for further academic research and policy development. The source materials (papers, bibliography and webcast) will also form a base for community legal education in the law schools, and public legal education among the Ontario's legal clinics.
Symposium Report
Papers
- Lord Justice Carnwath, "Administrative Justice Without Borders - Developments in the United Kingdom" (PDF)
- Lord Justice Carnwath, "Tribunal Reform in the UK: a Quiet Revolution" (PDF)
- Lord Justice Carnwath, "Some Jottings on Administrative Justice" (Keynote address) (PDF)
- Lorne Sossin, "Access to Administrative Justice and Other Worries" (PDF)
- Ron Ellis, "Current Issues in Tribunal Independence" (PDF)
- Lorne Sossin, "Veils, Isotopes and the Meaning of 'Independence'"
- David Mullan, "Current Issues in Tribunal Independence" (PDF)
- Philip Bryden, "Mckenzie V. British Columbia (Minister of Public Safety and Solicitor General): A
constitutional guarantee of tribunal independence?" (PDF) - Philip Bryden, "New developments in tribunal reform: Lessons from British Columbia"
- Lilian Ma, "New frontiers of merit in tribunal appointments" (Powerpoint)
- France Houle, "A Brief Historical Account of the Reforms to the Administrative Justice System in the Province of Quebec" (PDF)
- Laverne Jacobs, "Reconciling Tribunal Independence and Expertise - Empirical Observations" (PDF)
- Judith McCormack "What We Talk About When We Talk About Merit (And Why It Isn't Enough)" (PDF)
Conference Proceedings
Thursday, January 17, 2008
5:00 | Opening |
5:05 | Welcome (Dean Mayo Moran, Faculty of Law, University of Toronto; rep. of organizing committee) |
5:10 | Introduction of keynote address (Justice James Carnwath, Superior Court of Ontario) |
5:15 | Keynote address; Lord Justice Robert Carnwath, (Senior President of Tribunals) |
6:00 | Reception |
Friday, January 18, 2008
8:30 | Breakfast / Coffee |
9:00 | Welcome |
9:05 | Panel 1: New Frontiers of Merit in Tribunal Appointments Professor Lorne Sossin (Faculty of Law, University of Toronto) (moderator) - Debra Roberts (Public Appointments Secretariat, Government of Ontario)
- Judith McCormack (Downtown Legal Services)
- Michael Gottheil (Ontario Human Rights Tribunal)
- Lilian Ma (Landlord and Tenant Board)
|
10:30 | Break |
10:45 | Panel 2: Current Issues in Tribunal Independence David Mullan (Integrity Commissioner, City of Toronto) (moderator) - Ron Ellis (Osgoode Hall Law School)
- Laverne Jacobs (University of Windsor)
- Professor Audrey Macklin (University of Toronto)
- Commentator: Visiting Professor Adam Dodek (Osgoode/U of T)
|
12:15 | Lunch |
1:30 | Panel 3: New Developments in Tribunal Reform Justice John Evans (Federal Court) (moderator) - France Houle (University of Montreal) “Lessons from Quebec”
- Lord Justice Robert Carnwath (Senior President of Tribunals) “Lessons from
the UK” - Dean Philip Bryden (University of New Brunswick) “Lessons from BC”
- Ivana Petricone (ARCH legal clinic, Ontario) “Ontario’s experience”
- Commentator: Professor Cristie Ford (University of British Columbia)
|
3:00 | Break |
3:15 | Roundtable Discussion on Next Steps to Reform (Kathy Laird (Ontario Human Rights Tribunal) – Moderator) |
4:15 | Conference Wrap-Up |
For more information, contact conferences.law@utoronto.ca or 416-978-0427.