THE BCCAT 2024 VIRTUAL ANNUAL CONFERENCE
Modern Adjudication: Practical Tools and Techniques
On November 5th & 6th from 8:15am to 16:45pm, leaders in the administrative justice community delivered dynamic, practical, and interactive sessions.
Attendees learned new skills and improved established practices in all areas of the administrative justice process while completing 15.75 CPD credits.
Some highlights of the conference:
• Keynote: The Honourable Justice Robert J. Bauman, K.C.
• Effective Decision Writing: Key Principles and Best Practices • Part 1
• Effective Hearing Management
• Effective Decision Writing: Key Principles and Best Practices • Part 2
• Hearing Skills: Balancing Procedural Fairness with Active Adjudication
• Exploring the Place of Mediation in Administrative Justice
• What UNDRIP Means for Tribunals
• Responsible Use of Al in Administrative Decision-Making Processes
• Administrative Law Primer for Tribunal Members and Staff
• Administrative Law Update
Here is what some attendees said about the conference:
• first-rate conference with engaging and wonderful speakers;
• every session was relevant to my work;
• high-quality presentations;
• excellent mix of topics with interesting and knowledgeable speakers;
• very educational, valuable conference;
• excellent program of hands-on training and skills development;
AGENDA Print PDF Agenda
| Date / Time | Event |
|---|---|
| NOVEMBER 5 | |
| 08:15 – 08:45 | CONFERENCE WELCOME AND OPENING REMARKS |
| 08:45 – 09:15 | KEYNOTE PRESENTATION: THE HONOURABLE ROBERT J. BAUMAN K.C. |
| 09:15 – 10:30 |
EFFECTIVE DECISION WRITING: KEY PRINCIPLES AND BEST PRACTICES – PART ONE This is the first of two practical and interactive workshops designed to strengthen your decision writing skills. During the two workshops, you’ll learn the five key principles of effective decision writing and practice applying these principles to your own writing. In this workshop, we’ll focus on two principles: (1) adopt a reader-centered approach; and (2) provide context before details. Please bring one of your recent decisions to the workshop. Presenter: Shelley Appleby-Ostroff, SAO Legal Writing |
| 10:30 – 10:45 | Break |
| 10:45 – 12:00 |
ADMINISTRATIVE JUSTICE AND REGULATORY INVESTIGATIONS Often when we think about administrative justice, we are thinking primarily about administrative tribunals. However, the scope of administrative law is significantly broader than this and often includes some type of investigatory process, that then forms part of the evidence before the administrative decision maker. We will be looking at the considerations around these types of investigations in the context of administrative justice principles. A. Purpose of Regulatory Investigation Reports B. Statutory Context (variety of investigative processes embedded in administrative systems) C. Legal Context: i) Procedural fairness – how does it apply to investigations? ii) Standard of reasonableness, not perfection; iii) Issues that do matter: how flaws in investigation processes and reports have been dealt with by administrative bodies. D. Moving forward Presenters: Tonie Beharrell and Neelu Chauhan, Southern Butler Price |
| 12:00 – 12:30 | Lunch |
| 12:30 – 13:30 |
RESPONSIBLE USE OF AI IN ADMINISTRATIVE DECISION-MAKING PROCESSES Artificial Intelligence (AI) is rapidly becoming a fundamental tool in administrative decision-making processes. As these technologies are increasingly integrated into these processes, several questions arise: Who is the actual decision-maker when AI is used in administrative decision-making – the human or the machine? How will administrative decision-makers account for the various biases that are proven to exist in these technologies? How do we ensure fairness in the administrative decision-making process that incorporates these technologies given that procedural fairness is the bedrock of administrative decision-making? What about transparency – how do we ensure transparency in the decision-making process that includes AI technologies? How can administrative decision-makers ethically utilize AI tools to enhance efficiency? These questions will be explored in this presentation. Presenter: Dr. Gideon Christian, University of Calgary |
| 13:30 – 13:45 | Break |
| 13:45 – 15:15 |
EFFECTIVE HEARING MANAGEMENT Managing a hearing effectively is a core skill required of all adjudicators in all proceeding formats but it can also be the biggest challenge. To meet those challenges, tribunals have developed an array of best practices often described as “active adjudication”. What is meant by that term and how does it relate to adversarial or inquisitorial adjudication? Why is an active approach recommended? What kinds of tools have been adopted and how can individual adjudicators use them to support fairness efficiency and quality decision-making? This talk will explore the techniques adopted in a range of settings to help you to develop an approach that is comfortable for you and will meet the demands of your setting. Presenter: Pamela Chapman, Legal Educator & Consultant |
| 15:15 – 15:30 | Break |
| 15:30 – 16:45 |
ADMINISTRATIVE LAW PRIMER FOR TRIBUNAL MEMBERS AND STAFF This session will provide an introductory and practical overview of the fundamentals of administrative law as they apply to the work of tribunals and similar decision-making bodies. Topics include procedural fairness, decision making, and avenues and standards of review. Attendees will be taken through real-life examples and realistic scenarios and can expect to leave with concrete tools that they will be able to immediately apply to their work as decision-makers or staff. This session is recommended for tribunal members and staff who are new to administrative law or would benefit from a refresher on fundamental principles. Presenter: Christine Arnold, College of Veterinarians of British Columbia |
| 15:30 – 16:45 |
ADMINISTRATIVE LAW UPDATE Developments in administrative law jurisprudence can have significant implications for decision-makers and others in the administrative law realm. The panelists will provide a curated overview of recent jurisprudence focusing on recurring themes and key developments in administrative law in the province. This session is intended to keep participants apprised of recent developments in the case law and their potential implications. Presenters: Alandra Harlingten and Kaitlyn Chewka, Lovett Westmacott |
| NOVEMBER 6 | |
| 08:15 – 08:20 | CONFERENCE OPENING |
| 08:20 – 09:35 |
EFFECTIVE DECISION WRITING: KEY PRINCIPLES AND BEST PRACTICES – PART TWO In this second workshop, you will learn the three other key principles of effective decision writing, and practice applying these principles to your own writing: (1) group related information together; (2) construct clear direct and simple sentences; and (3) develop an effective writing process. Please bring one of your recent decisions to the workshop – preferably the one you worked with in the first workshop. Presenter: Shelley Appleby-Ostroff, SAO Legal Writing |
| 09:35 – 09:45 | Break |
| 09:45 – 11:15 |
NEURODIVERSITY AT WORK Heather McCain of Live Educate Transform Society (LET’S) will be joining us to speak about neurodiversity and neurodivergent people. In this session, you will learn what neurodiversity means, the broad spectrum of people who are neurodivergent, benefits of neurodivergent employees, understanding challenges and how to address them, communication tips, current terminology, accommodation, and supports for neurodivergent employees, and more. LET’S sessions on neurodiversity are created, researched, and facilitated by neurodivergent people. Presenter: Heather McCain, Live Educate Transform Society |
| 11:15 – 11:30 | Break |
| 11:30 – 12:15 |
CHARTER VALUES – WHERE DO WE GO FROM HERE? The Supreme Court of Canada recently doubled down on its commitment to Charter values in judicial review of discretionary administrative decision-making. While providing clarity on the applicable framework, a number of questions remain unanswered, including: how do administrative decision-makers determine the scope and content of Charter values, and how is the revised framework to be applied? Presenters: Meera Bennett and Steven Davis, BC Ministry of Attorney General |
| 11:30 – 12:00 |
ANTIDOTES FOR DECISION FATIGUE Members and staff of administrative tribunals have high standards, demands, and stressors. On top of that, they make thousands of daily decisions – both professional and personal. The internal and external pressures from high expectations for quality decisions lend themselves to decision fatigue and burnout. Shari will identify signs and symptoms of overwhelm, fatigue, and burnout, and will outline ways to address them. This workshop will provide tools you can use on a daily basis to replenish yourself while continuing to work in the busy administrative justice community. Presenter: Shari Pearlman and Jeff Naylor, Lawyers Assistance Program BC |
| 12:00 – 12:15 |
SEATED YOGA TO RESET YOUR MIND AND BODY Chair yoga is a gentle form of yoga that can be done while sitting or using your chair for support. This short, seated yoga session will help you relax, boost your mind, and stretch your body. Chair yoga can improve your flexibility, concentration, and strength while reducing stress. You will leave the session with skills to create a great reset for a day at your desk. Presenter: Sian Blyth, Whistler Adaptive Sports Program |
| 12:15 – 12:45 | Lunch |
| 12:45 – 13:45 |
WHAT DOES UNDRIP MEAN FOR TRIBUNALS? BC is Canada’s first province to pass legislation that establishes the UN Declaration on the Rights of Indigenous Peoples as the framework for reconciliation. In this session, our speakers will discuss what this means for the work of Boards and Tribunals. The panel will explore questions such as: how does the administrative justice community support the objectives of UNDRIP, what is already happening, and what additional opportunities are there for advancing reconciliation and the rights of Indigenous people. Presenters: Debbie Chan, BC Ministry of Attorney General; Andrea Hilland K.C., BC First Nations Justice Council |
| 13:45 – 13:55 | Break |
| 13:55 – 15:10 |
EXPLORING THE PLACE OF MEDIATION IN ADMINISTRATIVE JUSTICE In this session, Trevor Sones will share his expertise and extensive hands-on experience of mediating in the realm of administrative justice. You can expect this session to cover everything from what is mediation (purpose, function, goals, principles), how does mediation fit in a Tribunal setting, what models of mediation are being used and when, what makes an effective mediator, and more. Presenter: Trevor Sones, Mediator Resolute Industries Inc. & Faculty Executive Education UBC Sauder School of Business |
| 15:10 – 15:20 | Break |
| 15:20 – 16:35 |
HEARING SKILLS: BALANCING PROCEDURAL FAIRNESS WITH ACTIVE ADJUDICATION Join our speakers who will explore the practical side of being active in the hearing room. This session will ask questions like: What tensions arise and how have you navigated them? How do you ensure you are not going too far? What best practices have you adopted and why? What are your go-to tools and techniques? We invite you to bring your ideas and questions to the discussion. Presenters: Emily Ohler, BC Human Rights Tribunal; Luningning Alcuitas-Imperial, Workers’ Compensation Appeal Tribunal |
| 16:35 – 16:45 | CONFERENCE CLOSING REMARKS |
Tonie Beharrell is a lawyer, investigator, trainer and mediator. She has extensive experience practicing in administrative, human rights, labour and employment law.
Tonie received her law degree from the University of British Columbia in 1997. She first articled and practiced at a national employer-side labour firm. From December 2002 to December 2011, Tonie was a full time member of the BC Human Rights Tribunal, where she was involved in adjudicating and mediating a broad spectrum of human rights disputes. Tonie then practiced in-house for a major health care union, heading its legal department for nine years, before moving to Southern Butler Price, LLP, where she currently practices.
Tonie is an experienced instructor and has provided training to administrative adjudicators for over a decade as a course coordinator and instructor for the BC Council of Administrative Tribunals. Tonie has taught BCCAT’s Administrative Justice for Decision Makers, Decision Writing, Hearing Skills and Inclusive Adjudication courses, in both public and tailored offerings.
In 2021, Tonie was awarded the BC Council of Administrative Tribunals Recognition Award for Exceptional Service to the Administrative Justice Community in BC.
Neelu Chauhan is an experienced lawyer and investigator who uses a thoughtful and pragmatic approach in addressing workplace issues. She has a Bachelor of Science from the University of British Columbia and received her law degree from the University of Victoria in 1999. She was called to the British Columbia Bar in 2000.
Over her career, Neelu has gained the trust and confidence of senior leaders, human resources advisors, union representatives, and employees for being knowledgeable, trustworthy, and fair. Neelu is a member of the Law Society of British Columbia, the Canadian Bar Association, BC Branch, and the South Asian Bar Association of British Columbia.
Dr. Gideon Christian is an Associate Professor, and University Excellence Research Chair in AI and Law at the Faculty of Law, University of Calgary. Prior to joining the University of Calgary, he was a technology lawyer with the Government of Canada at the Department of Justice. His research interests include artificial intelligence and law, and the legal impacts of new and emerging technologies, among other areas. Dr. Christian has appeared before the House of Commons Committee on Citizenship and Immigration (CIMM) as an expert on the use of AI in immigration decisions. He was named by the Calgary Herald as one of the top 20 Compelling Calgarians to watch in 2024.
Pamela Chapman is an educator and former adjudicator, mediator and lawyer. For the past 14 years she has focused on skills-based adjudication training for statutory decision-makers and judges, drawing on her administrative law background and more than 20 years of experience as a legal decision-maker. Ms. Chapman partners regularly with agencies such as the National Judicial Institute, where she is a faculty lead on courses on judgment-writing, oral judgments and building cultural competence. From 2011 to 2024 she was the Program Director of the Certificate and Advanced Certificate in Administrative Adjudication run by the Society of Ontario Adjudicators and Regulators and Osgoode Professional Development. And she develops and delivers custom training for federal, provincial and municipal tribunals, regulators, professional disciplinary bodies, and other agencies across Canada.
She was a member of the Human Rights Tribunal of Ontario from 2009 to 2012, a Vice-Chair of the Ontario Labour Relations Board from 1993 to 2002, and a labour arbitrator and mediator for 20 years. She taught at the University of Ottawa, Faculty of Law, Common-Law Section for 15 years, and has taught as an adjunct professor at the University of Toronto, Osgoode Hall Law School, and the Department of Law at Carleton University.
Christine Arnold is the Registrar and Chief Executive Officer of the College of Veterinarians of British Columbia, the province’s regulator of veterinarians and veterinary medicine. She was previously the inaugural director and managing lawyer of Access Pro Bono’s Everyone Legal Clinic, a first-of-its-kind fully virtual legal services provider and teaching incubator aimed at sustainably improving access to justice in British Columbia. Christine serves as a member of the Property Assessment Appeal Board. In addition to being an instructor and course author with BCCAT, Christine designs and teaches courses in law, ethics, and professional licensing and regulation at the University of British Columbia’s Sauder School of Business. On a personal note, Christine enjoys training for rally-obedience with Mocha, her Doberman adopted from the BC SPCA (it’s mostly Christine who gets trained), playing beer-league hockey, skiing, hiking, travelling, and backyard beekeeping.
Alandra Harlingten is a partner with the firm of Lovett Westmacott. Alandra graduated from Dalhousie University's Law School in May 2013 and, in October 2016, obtained her Master of Laws at Osgoode Hall specializing in constitutional law. Prior to joining Lovett Westmacott, Alandra was legal counsel with the Ministry of Attorney General's Constitutional and Administrative Law Section. Alandra has a broad range of experience in constitutional and administrative law. She provides advice to various administrative decision-makers and regularly acts as counsel on judicial review applications, statutory appeals, and in civil actions. Alandra is an Adjunct Professor with the University of Victoria and often lectures on the topics of oral advocacy, administrative law, and judicial review procedure.
Kaitlyn Chewka is a partner with the firm Lovett Westmacott. Prior to joining Lovett Westmacott, Kaitlyn was legal counsel with the Ministry of Attorney General's Constitutional and Administrative Law Section.
Kaitlyn provides advice to various administrative decision-makers and regularly acts as counsel on judicial review applications and any resulting appeals. She is also an Adjunct Professor at the University of Victoria where she has lectured on the topics of administrative law, civil procedure, criminal procedure, advocacy, and ethics. Kaitlyn is also a co-coach for the University of Victoria's Wilson moot team, which focuses on appellate advocacy skills. She is a frequent speaker at conferences on administrative law and self-governing professions and is a contributing author to CanLii’s Manual to British Columbia Civil Litigation.
Shelley Appleby-Ostroff is a legal writing and talent development coach. She has over 35 years of experience as a practicing lawyer, senior counsel and executive in the public service, mediator, executive coach, and legal writing professor. She is the founder of SAO Legal Writing, a consulting firm that designs and delivers customized writing programs and coaching to lawyers and decision-makers. Shelley received her law degree from the University of Western Ontario in 1986, her B.A. (Philosophy) from the University of Toronto in 1982, and her M.A. (Applied Linguistics and Discourse Studies) from Carleton University in 2016. She is also a member of the International Coach Federation and loves inspiring legal professionals to become better writers.
Heather McCain (they/them) is founder and Executive Director of Live Educate Transform Society (LETS), a non-profit they started in 2005. Heather built LETS from a small grassroots organization to an organization that delivers workshops and adds their voice to projects and events across Turtle Island (colonially known as North America).
Heather’s own experiences as an asexual, disabled, neurodivergent, queer, trans person led them to become a well-known and respected advocate, educator, and speaker. Heather works to create equity, celebrate diversity, and educate about and implement accessibility.
Heather recognizes that those within the disability community have intersecting identities and they work hard to ensure a multitude of voices and experiences inform their work and the work of LET’S. Heather is committed to centering decolonialization, engaging in cross-movement organizing, and utilizing both an intersectional lens and disability justice framework.
Heather is proudest to be called a Crip Doula. This is a community given Disability Justice term for someone who helps disabled people navigate our complex systems, providing resources, support, and building community. This title was gifted by community members who have felt the positive effects of Heather’s work.
Heather has been a consultant of Vancouver Pride Society since 2019. Based on Heather’s accessibility audits and subsequent accessibility recommendations, Vancouver Pride changed the route of their parade and their festival location in 2023. For Heather’s work in creating more accessibility at Pride for volunteers, vendors, and visitors, they were named the Grand Marshal of the parade.
Meera Bennett as counsel at the Ministry of Attorney General, Meera primarily represents and advises tribunals. Meera is a contributing author to CanLii’s BC Manual to Civil Litigation, and the Continuing Legal Education Society’s Annual Review of Law & Practice and Administrative Law Manual, the chair of the BC Council of Administrative Tribunals (BCCAT) education committee and co-chair of BCCAT’s annual administrative law conference.
Steven Davis is a civil, administrative, and constitutional litigator practicing in Vancouver. He obtained a JD from the University of Victoria and a Bachelor of Commerce from McGill University. Prior to law school, he worked in corporate and commercial finance. He has clerked for two justices of the Court of Appeal for British Columbia, acted as commission counsel, and currently works as Legal Counsel with the Ministry of Attorney General. Steven is a contributing editor to the loose-leaf text, The Conduct of Civil Litigation in British Columbia.
Shari R. Pearlman, RCSW, JD is the Assistant Director and a Lawyer Counsellor at LAPBC. She is a graduate of Wurzweiler School of Social Work, NY, NY (MSW) and Rutgers School of Law, Camden, NJ (JD). She received her Certificate of Business Management from Portland State University, Portland, Oregon and is a registered clinical social worker (RCSW). She began her work at LAPBC on December 1, 2020.
Since 1999, Shari has provided confidential assistance to lawyers, judges, and law students. From 1999-2020, she worked at the Oregon Attorney Assistance Program prior to joining LAPBC. She is experienced in counselling people and giving presentations and workshops on such topics as career and life transition, mental health and trauma challenges, crisis intervention, stress management, organizational and time management challenges, alcohol and substance use and compulsive behaviours.
Shari is the 2024 ABA COLAP Conference Committee Chair and has been a member of the committee for many years. She was the Conference Chair in 2018 and was Co-Chair in 2017.
Shari enjoys helping people at life cross roads, and likes to focus on well-being and self-compassion, building community and creating a safe space for expression amongst the legal community. Shari has prior experience as a criminal defense lawyer in Portland, OR. Shari served on the board of the Oregon Women Lawyers, the OSB Diversity Section Executive Board, and as Liaison to the OSB Advisory Committee on Diversity and Inclusion. Shari is a member of the CBA and the TLABC.
Sian Blyth began her career in the U.K. working in neurology nursing. She later applied these skills to work with a UK adaptive sports charity. After moving to Vancouver over 25 years ago, Sian started the Whistler Adaptive Sports Program Society in 1998. She eventually left this position to serve as the Executive Director of BC Wheelchair Basketball Society and as the High-Performance Director of BC Adaptive Snowsports; however, after more than 20 years, Sian returned to the Whistler Adaptive Sports Program Society to continue to promote adaptative sport experiences in the Sea to Sky. Sian has been practicing yoga for 20 years, has recently began her yoga teacher training journey, and is a strong advocate for forms of yoga that can fit into our busy lives or support people who have less mobility.
Debbie Chan is Senior Counsel with the Ministry of Attorney General, Indigenous Legal Relations Unit. She has been a lawyer with the Province of BC for over 20 years, advising various ministries on the Crown’s obligations to consult and accommodate. She has also worked with various ministries on developing legislation to align with the United Nation Declaration on the Rights of Indigenous Peoples, including the Declaration on the Rights of Indigenous Peoples Act. Debbie lives in the traditional territory of the Lekwungen Peoples and enjoys exploring Vancouver Island by kayak whenever she can.
Andrea Hilland, K.C. is a member of the Nuxalk Nation and an Assistant Professor at the Peter A. Allard School of Law and has been an empowering advocate within the Indigenous justice landscape. Professor Hilland has extensive expertise in legal practice and prior to her academic career advocated on behalf of First Nations to assert their rights with respect to environmental issues. She has also advised organizations such as the BC Human Rights Tribunal, the Canadian Bar Association of BC, and the Law Society of BC on Indigenous issues in the context of legal regulation. A former BCFNJC Policy Lawyer, Andrea holds a deep understanding of the work we are advancing around the resurgence and power of Indigenous laws.
Colleen Spier, K.C. is a Métis-Cree lawyer, called to the Bar in 2008.
Colleen has pursued a legal career that aligns with her interests advocating for Indigenous Peoples and has represented Indigenous clients in both family law matters and child protection proceedings at both the Provincial and Supreme levels of court. Colleen is currently the Assistant Deputy Minister of the Indigenous Justice Secretariat in the Ministry of Attorney General. Colleen previously held Executive Director positions with Ministry of Attorney General and Island Métis Family & Community Services Society while simultaneously managing her law firm and mediation practice. Colleen has served on several not-for-profit Boards, including three terms through ministerial appointment on the Board of the British Columbia College of Social Workers, and served four years as an inaugural Director on the British Columbia First Nations Justice Council. Colleen has been recognized with numerous awards including from the Victoria Bar Association for her volunteer commitments (2014); Premier’s Award finalist Leadership (2021); Premier’s Award recipient Organizational Excellence (2021); MediateBC Susanna Jani Award for Excellence in Mediation (2022); and in 2023 received a King’s Counsel Designation.
Trevor Sones is an Adjunct Professor of Organizational Behaviour and HR at the UBC Sauder School of Business, where he teaches executive education programs on Conflict Resolution, Negotiations and Communicating Effectively.
He runs a private Mediation practice and has been a full-time Mediator at the BC Labour Relations Board for the past 16 years where he has extensive experience using mediation to resolve complex legal matters before adjudication along with resolving challenging interorganizational and interpersonal disputes. Trevor has worked with the Federal and Provincial governments in either a policy development or an administrative law context.
Emily Ohler was appointed as a full-time member of the BC Human Rights Tribunal on June 9, 2016. She was appointed as chair effective August 1, 2021 initially for a three-year term, and reappointed in June 2023 for a further five years. She holds degrees from the University of British Columbia (B.A, 1997), Osgoode Hall Law School (J.D, 2000) and the National University of Singapore (LL.M, 2005). She was called to the bar of British Columbia in 2001.
Prior to joining the Tribunal, Ms. Ohler was a litigator in Vancouver before moving to Geneva, Switzerland in 2005 to join the United Nations Compensation Commission (UNCC), a subsidiary of the United Nations Security Council. There, she advised the UNCC Governing Council on policy, legal, procedural and practical matters related to post-conflict claims and sustainable development projects related to the 1991 Gulf War. On returning to Vancouver, Ms. Ohler incorporated Broadleap Solutions Ltd., an international advisory firm focused on implementing the UN Guidelines on Business and Human Rights, and advising on equity and diversity policy. She also developed and delivered innovative human rights-related educational and mentorship programs. She has served on various Boards and has taught international and common law as Lecturer and Adjunct Professor at the University of British Columbia.
Luningning Alcuitas-Imperial has served as a WCAT vice chair since its inception in March 2003, and was appointed as WCAT chair on December 2, 2021. Prior to that, she served as a vice chair of the Workers’ Compensation Review Board since January 2001. She worked previously as assistant to the registrar and acting registrar at the Medical Review Panel Department of the Workers’ Compensation Board. At WCAT, she served as the registrar from 2004 to 2006 and from 2016 to 2020. She was also a WCAT team leader. Her other administrative law experience includes being a member of the Civil Resolution Tribunal and chair of the Mental Health Review Board. She obtained her Bachelor of Arts degree in 1988 and her Juris Doctor degree in 1991 from the University of Manitoba.