2016 BCCAT Annual Education Event
Administrative Tribunals: Valuing Justice and Adding Value
Immerse yourself in BCCAT’s one day educational offering October 17, 2016 – Administrative Tribunals: Valuing Justice and Adding Value. Join us to engage with some of the most influential minds in Administrative Law as they share recent information, which will have a profound impact on Tribunals.
October 17, 2016
Morris J. Wosk Centre for Dialogue – Simon Fraser University, 580 West Hastings St., Vancouver
Opening Remarks / Keynote:
- The Honourable Suzanne Anton
- Attorney General & Minister of Justice MLA Vancouver-Fraserview
Administrative Law Update
- This session is designed to apprise attendees about current developments in administrative law, including a review of recent decisions and the broader implications these decisions have in administrative law.
- Presenter: Adele Adamic, Ministry of Justice.
Judicial Reasoning and Other Meanderings
- What factors influence judges’ decision making? This question has long sparked debate amongst legal scholars, lawyers, and judges alike.
- Presenter: Mr. Justice Arne H. Silverman, Supreme Court of BC.
BCCAT Annual General Meeting
- Enjoy the chance to meet other tribunal members to exchange ideas and experiences.
Afternoon Sessions (Workshops):
Cultural Barriers and Hearing Efficacy
- Effective communication with people of different cultures can be especially challenging. Cultures provide people with ways of thinking–ways of seeing, hearing, and interpreting the world. Thus the same words can mean different things to people from different cultures, even when they talk the “same” language. When the languages are different, and translation has to be used to communicate, the potential for misunderstandings increases.
- Catherine McCreary, Human Rights Tribunal, Shelina Shivji, Workers’ Compensation Review Board, and Ninu Kang, MOSIAC, will provide insight into how cultural barriers might impact a hearing and some suggestions to mitigate these challenges.
Diffusing Difficult Parties: Leveraging Conversational Intelligence
- As a Tribunal member, active inquiry is your currency. When inquiry results in threatening comments from one of the parties involved, it can trigger a fight or flight response. This can result in moving us from inquiry to defensiveness and can trigger defence responses such as attack, judgement, blame, retreat, resist, and recoil. These responses prevent us from actively listening and participating in the conversation. When conducting a hearing, the quality of your interaction with the parties is a defining factor for conducting a successful hearing. This applies when gathering information, understanding the issue, and making a fair decision.
- Jory Faibish and Cherie Williams will provide a theoretical framework and practical, useful tools to enhance the potential for a productive hearing.
Real Life Lessons from On-line Services in Admin Justice
- This session will review challenges in adopting new technology in on-line services, and address the questions:
- If we built it will they come?
- What works well and what doesn’t?
- Join Shannon Salter, Chair, Civil Resolution Tribunal, Darin Thompson, Legal Counsel, Ministry of Justice – Dispute Resolution Office, and Steve Guthrie, Registrar, Property Assessment Appeal Board, for an interactive presentation of the challenges and benefits of technology in resolving cases.
- This session will review challenges in adopting new technology in on-line services, and address the questions:
Clustering and Classifying Boards and Tribunals
- The intent of these practical changes is to give British Columbians easier, quicker and more-affordable access to justice. Changes include giving tribunals the authority to make use of early dispute resolution methods, such as mediation, mandatory and enhance the accountability of tribunals through new reporting requirements.
- What impact will the classification review and proposed changes to the Administrative Tribunals Statutes Amendments Act, 2015 (ATSA) have on the way BC’s administrative tribunals and regulatory boards function? What are the implications of clustering? These and other questions will be explored in this session.
- Join David Merner – principle architect and expert on Clustering, for an exciting and engaging presentation on the changes involved in the Clustering model.
Adele J. Adamic
Adele Adamic has been a member of the British Columbia Bar for thirty eight years. For the past twenty one years she has been with the Attorney General advising on matters relating to employment law, labour law, workers’ compensation and administrative law. In that capacity she has been counsel in administrative hearings, and in court on judicial reviews, motions, petitions and applications. She has advised extensively on legislation and legislative initiatives. For 21 years she has provided and overseen administrative law training to decision makers in government. She is a member of the British Columbia Council of Administrative Tribunals Education Committee, and has been a certified BCCAT trainer for many years. She sits on the Board of Directors of the Continuing Education Society of British Columbia, and Chairs the Human Resource and other Committee of that Board. She is a founding author and editor of the British Columbia Administrative Law Practice Manual. She is a member of the planning committee for the annual British Columbia Employment Law Conference, as well as being a chair of and contributor to other CLEBC Conferences and courses. In the past year she has been one of the authors of the new Decision Makers Manual that has been created by BCCAT. At one time Adele was a certified tin smith.
The Honourable Suzanne Anton
Elected MLA for Vancouver-Fraserview since 2013, Ms Suzanne Anton was appointed to and currently serves as Minister of Justice.
In her role as Attorney General and Minister of Justice, Ms Anton is not only responsible for justice and public safety issues for the province but also Emergency Management and Liquor Policy Review. She currently serves as Vice-Chair of the Legislative Review committee and is a member of the Cabinet Committee for “Secure Tomorrow”.
Prior to her current role in the Legislative Assembly, Ms Anton had a long history of public service in both elected and appointed positions. As a Vancouver City Councilor from 2005 to 2011 and serving as Vancouver Park Board Commissioner from 2002 to 2005 Ms Anton brought commitment and passion to her role, wanting to make Vancouver a better place for all its citizenry.
Ms Anton has also served on numerous community and corporate boards including Translink, the Vancouver Symphony Orchestra, BC Sports Hall of Fame, and British Columbia Pavilion Corporation (PavCo).
Prior to entering politics, Ms Anton was Crown Counsel and before that a mathematics teacher. She earned her mathematics degree from the University of Victoria and her Bachelor of Laws at the University of British Columbia.
Ms Anton and her husband, Olin, reside in Vancouver. They have three adult children, Elizabeth, Robert, and Angus. In their spare moments, they enjoy cycling.
Jory Faibish has been on faculty at the JIBC since 1994, is a Certified Mediator, a practicing Architect and principal of Jory C. Faibish Architect since 1986. Jory is a member of the Mediate BC Civil Mediation Roster and a founding member and President of The YES Group Inc. He mediates and facilitates in public and private, unionized/non-unionized and large and small organizations. Cases include business, healthcare, development/construction, municipal, education and housing matters involving organizational, departmental, and interpersonal issues. Jory is a provincially appointed Adjudicator of Municipal Bylaw Appeals and is on the Disciplinary Hearing Panel of the BC Law Society.
Steve Guthrie has been the Registrar for the Property Assessment Appeal Board since 2000. He has lead development of web-services for Board clients, including on-line dispute resolution and interactive web tools for determining whether to appeal. His regular duties include alternative dispute resolution for residential appeals. Steve has an MBA from UBC and a BSc from SFU.
Ninu Kang has been leading MOSAIC’s communication department since 2014, overseeing the organization’s communications, marketing and fundraising initiatives, as well as its interpretation and translation services. Prior to her current role, Ninu spent over 20 years in program development and client services management at MOSAIC.
Ninu has presented at international conferences, sharing her extensive knowledge about cross-cultural models in the area of anti-violence and anti-racism. Using community-based action research methodology, she has provided input to women’s groups and community organizations seeking to become more welcoming to immigrants and refugees.
Over the years, Ninu has been active on many community boards. She has served as president of the Board of Women’s Research Centre, president of the Board of Battered Women’s Support Services, and co-chair of Ending Relationship Abuse Society of BC; she is currently a member of Community Coordination for Women’s Safety, South Asian Community Coalition Against Youth Violence and Independent Investigations Office of BC. Ninu’s academic background is in Economics and Counselling Psychology.
David Merner is a lawyer who has worked in Ottawa and Victoria for over 25 years. In his positions, he has provided constitutional, legal, and policy advice to ministers as a lawyer with the Department of Justice and Privy Council office. Fluent in both English and French, Mr. Merner has also litigated cases in French.
Mr Merner specializes in the field of justice reform that includes, for example, providing early access to the justice system by cutting costs for users through the use of mediation and early resolution. He currently serves as executive director of the Dispute Resolution Office in B.C.’s Ministry of Justice.
Mr. Merner has been heavily involved with the provincial and federal Liberal parties. He has also been an observer at two of the biggest presidential elections in modern history — 2006 in Haiti and 2014 in Ukraine.
Ms McCreary has been a member of the BC Human Rights Tribunal since 2012. She is acting chair of the BC Industrial Relations Association. Between 2000-2006, she was Vice Chair of the BC Labour Relations Board.
Ms McCreary has worked as an arbitrator, mediator, and investigator. She had an extensive labour background working for a union in Alberta before moving to BC in 1997, where she worked in-house for the Teamsters Local 213.
Ms McCreary holds the designation of Chartered Director and has lengthy experience working in governance for member-based organizations. She was on the Vancity Board of Directors for 12 years, and on the Board of Directors of Central Credit Union for 10 years.
Ms McCreary’s passion for giving back to her community includes volunteering with Vantage Point by providing governance training to the non- profit sector.
Shannon Salter is the Chair of the Civil Resolution Tribunal. She earned her BA (2001) and LLB (2005) from the University of British Columbia, and her LLM from the University of Toronto (2011). Ms. Salter clerked with the British Columbia Supreme Court, practiced litigation at a large Vancouver law firm for several years, and has served as a vice chair of the Workers’ Compensation Appeal Tribunal . Ms. Salter is also a commissioner of the Financial Institutions Commission, vice president of the British Columbia Council of Administrative Tribunals, and a past board member of the College of Registered Nurses of British Columbia. She teaches administrative law and legal ethics and professionalism at the UBC Allard School of Law as an adjunct professor and has been actively involved in providing pro bono legal advice and representation throughout her career.
Introduction to the Civil Resolution Tribunal
Find out more about how the CRT is pioneering a new approach to administrative decision-making and dispute resolution, using technology and alternative dispute resolution to increase access to justice. Learn how the Solution Explorer, a guided pathway system will empower people with legal information and self-help options for dispute resolution.
Shelina Shivji received her Bachelor of Arts Degree (Economics) from Simon Fraser University in 1990. She worked in the private sector for several years and then for the Ministry of Labour as an industrial relations officer. Her past work experience includes employment standards adjudication, grievance mediation, and providing mediation and consultative services to the Labour Relations Board, the Human Rights Commission, and the Collective Agreement Arbitration Bureau. She was appointed as a vice chair of the Workers’ Compensation Review Board in January 2002 and then as a vice chair of WCAT in March 2003. In her free time she enjoys running, kayaking and hiking.
Justice Arne Silverman
Justice Arne Silverman received a Bachelor of Laws from the University of British Columbia in 1973, and a Masters of Law from the University of London (L.S.E.) in 1974. He was admitted to the Bar in 1975, and was appointed Queen’s Counsel in 2002.He was appointed a Justice of the B.C. Supreme Court in 2004.
Prior to his appointment, he practiced primarily in the areas of criminal law and motor vehicle law. He was also a volunteer lawyer at the Carnegie Centre Pro Bono Clinic, as well as an instructor with Continuing Legal Education, and a sometime instructor at the Professional Legal Training Centre.
Since his appointment, he has been a member of a number of BCSC Judges’ Committees, including the Education Committee. He has also been, and continues to be, a participant and an instructor in a number of National Judicial Institute programs.
Darin Thompson is Legal Counsel with the BC Ministry of Justice. He has helped to initiate multiple projects using online dispute resolution (ODR) and is a member of the Canadian delegation to the United Nations Working Group on ODR.Darin is also an adjunct professor of Legal Information Technology at Osgoode Hall Law School and the University of Victoria Faculty of Law.
Darin sits on the board of the Justice Education Society, a Vancouver-based organization that carries out public legal education and information activities, justice reform and capacity building programs in British Columbia and in several jurisdictions outside Canada.
Darin holds a BA (with distinction) and a JD degree from the University of Victoria and an LLM (with distinction) in Innovation, Technology & Law from the University of Edinburgh.
Cherie Williams’s mediation and coaching practice focuses exclusively on workplace issues including team development, harassment, and effective communication. “It’s about creating and building healthy relationships, not just delivering bottom line results.” Exploring the collaboration between healthy workplace relationships and workplace productivity, she identifies any gaps and works with the team to improved dynamics. She has a reputation for producing results. Her background includes over 30 years experience working in both education and for a Crown Corporation, where she held a number of positions. As part of the union executive team she provided guidance, advice and representation to members. In management, she championed the importance of education and training in gold standard service delivery. She is currently a provincially appointed Adjudicator of Municipal Bylaw Appeals.
Discounts for British Columbia Counsel of Administrative Tribunals Members!
|BCCAT Members||$425 (after discount)|
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Professional development credit hours available.