All Videos | CPD

Date

Wednesday, September 14, 2022

90-minute webinar
Participation in this program is accredited in provinces where CLE requirements for lawyers are mandatory.

Accreditation: Accredited in provinces where CLE requirements for lawyers are mandatory (1 hour 30 minutes).

Theme

To celebrate the 40^th anniversary of s.35 of the Constitution Act, 1982 recognizing and affirming the “existing aboriginal and treaty rights of the aboriginal peoples of Canada,” this webinar will critically consider and discuss the development of the honour of the Crown, its use and application.

The honour of the Crown is a constitutional principle and a “core precept” in Aboriginal Law—the law governing the constitutional relationship between the Crown and Indigenous peoples. The Supreme Court has defined the honour of the Crown as the principle that servants of the Crown, or the government, must “act honourably” and it is always “at stake” in the Crown’s dealings with Indigenous peoples. The duties that flow from the honour of the Crown will vary, but include the making and applying of treaties, protecting Aboriginal or Treaty rights recognized and affirmed under s. 35 of the Constitution Act, 1982, and consulting and accommodating Indigenous communities when the Crown would undertake or consider an action that would potentially have adverse effects upon s.35 Aboriginal or Treaty rights. The honour of the Crown requires the Crown to interpret its constitutional obligations broadly and purposefully while diligently fulfilling them and prohibits even “the appearance of sharp-dealings” in the relationship between the Crown and Indigenous peoples.

This panel will explore the honour of the Crown, both in terms of its promises and its drawbacks. While the Supreme Court has framed the honour of the Crown as advancing the “reconciliation of the pre-existence of aboriginal societies with the sovereignty of the Crown”, this underpinning is problematized by the recognition of the history of colonization and assertion of Canadian sovereignty as unquestionably legitimate. Does the honour of the Crown represent an idealized and attainable way forward on the path to reconciliation, or is it too steeped in a colonial and paternalistic understanding of the Crown’s relationship with Indigenous peoples to truly effect change?

Speakers

• Jason Madden, Co-Managing Partner, Pape Salter Teillet LLP

Jason Madden is co-managing partner of Pape Salter Teillet LLP. He is a graduate of Osgoode Hall Law School at York University and is called to the bar in Ontario, Yukon, the Northwest Territories, Alberta, and Manitoba. He specializes in Indigenous rights law, with an emphasis on litigation, consultation and accommodation related matters, and the negotiation and implementation of modern day treaties. He is also recognized as being at the forefront of the development of Métis rights law in Canada. Jason is Métis and a descendant of the “Halfbreeds of Rainy River and Rainy Lake” who collectively adhered to Treaty No. 3 in 1875. His litigation practice focuses on a range of areas impacting Indigenous communities. He regularly advises and acts for First Nation and Métis communities. He is ranked by both Lexpert Magazine (“consistently recommended”) and Chambers & Partners as a leading practitioner in Aboriginal law.

• Candice Telfer, Legal Director, Ministry of Indigenous Affairs Ontario

Candice Telfer is the Legal Director of the Ministry of Indigenous Affairs Ontario. After articling with the Constitutional Law Branch of the Ministry of the Attorney General, she has provided legal counsel across several provincial ministries and organizations including the Ministries of Health and Natural Resources and the Crown Law Office-Civil. She is an instructor of Constitutional Law for the University of Toronto’s Global Professional Masters of Law program, and regularly participates in Continuing Legal Education programs both within and outside of Government. Candice received her J.D. at the University of Toronto, Faculty of Law. Prior to law school she worked as a theatre stage manager and then as an event planner for federal government-sponsored celebrations such as Canada Day in the Capital and Winterlude. She holds a B.A. in theatre and a B.Soc. in Political Science, as well as certification in technical production from the National Theatre School of Canada.

Moderator

• René Morin, Retired Lawyer & Author, La Construction du droit des Autochtones par la Cour suprême du Canada, Témoignage d’un plaideur, éditions du Septentrion, 2017, 260 pages

After studying law and political science, René Morin began his career with the Department of Intergovernmental Affairs from 1973 to 1981. From 1981 to 2007, he was a lawyer specialized in Indigenous human rights at the ministère de la Justice du Québec, which led him to appear as counsel before the Supreme Court of Canada on numerous occasions. He completed his career as counsel with the McCarthy Tétrault law firm, from 2008 to 2016. He was also a lecturer at the Université Laval, acted as a speaker in Quebec, in Canada and abroad, and is the author of several papers on Indigenous human rights.

Fees
CIAJ Members: Free
Non-members: $40

2022  I  Webinar on The Honour of the Crown

Date (Online & In Person in Ottawa)

September 8-9, 2022

Program accredited in provinces where CLE requirements for lawyers are mandatory.

Theme

The 21^st Legislative Drafting Conference fixes its gaze on the topic of change and the challenges it produces for legislative drafting. It looks at the changing environment in which legislative counsel work, the resulting changes to their roles and the way they perform them.

Change and its challenges are not new to legislative drafting. Although the COVID-19 pandemic is perhaps the most significant recent example of change affecting legislative drafting, the political, social, economic and technological environment for legislative drafting have produced changes affecting legislative drafting throughout its history.

The conference begins with this historical lens and then turns to examine the shifting role of legislative counsel resulting from current environmental factors, including client expectations, the political world and the policy issues that drive legislative agendas. These factors will be considered in terms of how they can be managed and their ethical implications. The conference will particularly address changing working conditions (working remotely and virtual meetings) and generational change (recruitment and training of legislative counsel).

One of the most significant continuing policy challenges for legislative drafting is reconciliation with Indigenous peoples. Legislation is the principal vehicle for recognizing and implementing the rights of Indigenous Peoples and their legal traditions. The conference will consider recently enacted legislation to implement the UN Declaration on the Rights of Indigenous Peoples and its implications for drafting legislation to respect these rights. Not since the enactment of the Canadian Charter of Rights and Freedoms in 1982 has there been such a significant change in the Canadian legal landscape affecting the preparation of legislation. One session will consider the implications of the UN Declaration generally and a second session will focus on its implications in the field of family law.

Finally, the conference will include a practical drafting workshop on preparing amending legislation or legislation based on existing legislation. The workshop will look at the scope for making drafting improvements and dealing with arguments against changing existing legislative texts.

Planning Committee

Chair

• John Mark Keyes

Members

• Pamela Louise Anderson
• Catherine Beaudoin
• Elena Bosi
• Nathalie Caron
• Charlie Feldman
• Melanie Samson
• Alexandra Schorah
• Mark Spakowski
• Lerissa Thaver
• Scott Webber

Fees

Per Day:
CIAJ Members: $200
Non-members: $275
Students (enrolled full-time at Canadian universities): $25

Related PowerPoint presentations and papers are available in the library under "documentation."

2022 I 2022 Legislative Drafting Conference (21^st Edition)

Date

November 17-19,  2021

Theme

CIAJ’s 45th Annual Conference on Indigenous Peoples and the Law explore the current state and future of the self-government of Indigenous Peoples in Canada. Vital to the discussion are the issues of the decolonization of legal institutions, reconciliation with Indigenous Peoples and the enduring legacy of a colonial relationship.

The recent finding of unmarked graves at residential school sites only reaffirms the Truth and Reconciliation Commission's vision of an “ongoing process of establishing and maintaining respectful relationships” with Indigenous Peoples. This conference is a space for dialogue and exchange on the continuation of active education and exploration of the TRC's message.

Honorary Chair

• The Honourable Murray Sinclair

Chair

• The Honourable Robert J. Bauman, Chief Justice of British Columbia and of the Court of Appeal of Yukon

Videos (scroll down to access the videos)

• Day 1: Part I (2:26:09) and Part II (2:01:23) (Sold together - See details below)
• Day 2: Part I (2:58:10) and Part II (1:51:51) (Sold together - See details below)
• Day 3: Part I (2:53:28) and Part II (1:51:54) (Sold together - See details below)
• Tenzin Butsang Video Presentation (20:05): Recipient of CIAJ’s 2020-2021 Charles D. Gonthier Research Fellowship
  Project entitled “Kijibashik – Turn it Around: Stories About Motherhood from Previously Incarcerated Indigenous Mothers in Ontario.”
• Michelle Pucci Video Presentation (09:58): Winner of the 2020 Christine Huglo Robertson Essay Prize
  Essay entitled ”Who Sets the Course in a Health Crisis Response.”

***When buying separate days, the purchase of one part gives access to all the videos for that day, in both official languages.
Example: If you purchase Day 1-Part I in English, you will receive the code to access Day 1-Part II in English and both parts in French.

Fees:

All days
CIAJ Members: $650
Non-members: $850
Students (enrolled full-time at Canadian universities): $50

Per Day
CIAJ Members: $250
Non-members: $300
Students (enrolled full-time at Canadian universities): $15

Related PowerPoint presentations, documents and papers are available in the library under "documentation."

2021  I  CIAJ’s 45th Annual Conference on Indigenous Peoples and the Law

Overview

This three-part webinar series held in collaboration with PwC Canada will initiate a discussion on the future of justice and help pave the way to a major roundtable, taking place in the spring of 2022. The webinar’s aim is to refine the participants’ knowledge of key trends affecting the administration of justice. These topics will then be examined at greater depth during our roundtable. This series will provide attendees with in-depth knowledge and insights that will help build a future with improved justice services and better outcomes for families, businesses, and society.

60 to 90-minute webinars
Participation in this program is accredited in provinces where CLE requirements for lawyers are mandatory.

List of webinars (scroll down to access the videos)

• Webinar #1, May 12, 2021: Hybrid Courts – The New Operational Normal

• Webinar #2, June 16, 2021: Redesigning Justice Administration − Pillars and Obstacles of Innovation

• Webinar #3, November 30, 2021: Transforming the Justice System: Exploring a Trauma-Informed Approach

Date
Webcast on April 14, 2021

This 90-minute webinar was made possible thanks to the support of the New Brunswick Law Foundation.

Language: In English, with simultaneous interpretation
Audience: All judges

Speakers

• The Honourable Justice Peter D. Lauwers, Court of Appeal for Ontario
• Barbara Morris (Ph. D., U of Toronto), legal writing instructor and consultant

Moderator

• The Honourable Chief Justice Tracey K. DeWare, Court of Queen’s Bench of New Brunswick

Topics Overview

How to write concise, clear, complete and convincing decisions; the issue-driven approach; point-first writing; bias in judgment writing: how to become aware and overcome them, etc.

Date
Webcast on March 17, 2021

This 90-minute webinar was made possible thanks to the support of the New Brunswick Law Foundation.

Language: In English, with simultaneous interpretation
Audience: All judges, court employees

Speakers

• The Honourable Justice Patrick Healy, Court of Appeal of Quebec
• Marie-Eve Sylvestre, Dean, Full Professor, Faculty of Law – Civil Law Section, University of Ottawa

Moderator

• The Honourable Chief Justice Marc Richard, Court of Appeal of New Brunswick

Topics Overview

Sentencing in other provinces; mental health components; probation services; alternatives to long-term imprisonment; etc.

Related documentation:

• Dean Marie-Eve-Sylvestre's PowerPoint Presentation CIAJ March 17, 2021

Date
Webcast on February 17, 2021

This 90-minute webinar was made possible thanks to the support of the New Brunswick Law Foundation.

Language: In English, with simultaneous interpretation
Audience: All judges, court employees and lawyers (defence and Crown)

Speakers

• Jennifer Cox, Staff Lawyer, Dalhousie Legal Aid Service, Dalhousie University
• Jade M. Pictou, Barrister & Solicitor, Mackillop Pictou Law Group
• Jonathan Rudin, Lawyer, Program Director, Aboriginal Legal Services, Toronto
• The Honourable Justice Jessica Wolfe, Ontario Court of Justice

Moderator

• The Honourable Chief Justice Tracey K. DeWare, Court of Queen’s Bench of New Brunswick

Topics Overview

Why do we use Gladue reports? How are they being used in other provinces? Who writes them? Have they changed anything since their implementation?

Related documentation:

• Gladue Awareness Project – Final Report (ILC Press_AdvancedReadingCopy)

This free webinar series held in partnership with Courthouse Libraries BC has been designed to initiate discussion and pave the way to a major national conference on Indigenous Peoples and the Law to be held in Vancouver on November 17-19, 2021. The webinars aim to enrich the participants’ knowledge of the subjects that will be component parts of the larger issues examined at the conference, providing attendees with in-depth knowledge so as to enrich the discussions that will take place.

60 to 90-minute webinars
Participation in this program is accredited in provinces where CLE requirements for lawyers are mandatory.

List of webinars (scroll down to access the videos)

• 1^st Webinar: Overview of the Progress of the Calls to Action (October 14, 2020)
  (In English, with simultaneous interpretation)
  Speaker:  Senator Murray Sinclair 
  Moderator: The Honourable Justice Michelle O’Bonsawin, Superior Court of Justice (Ontario) 
• 2^nd Webinar: The Next Stages of Indigenous Governance in Quebec (October 21, 2020)
  (In French, with simultaneous interpretation)
  Speakers: Chief Ghislain Picard, Assembly of First Nations Quebec-Labrador (Innu from the community of Pessamit), Ken Rock, Executive Director, Uashat mak Mani-utenam Economic Development Corporation
  Moderator: Michèle Moreau, Lawyer
• 3^rd Webinar: Looking at British Columbia’s Declaration on the Rights of Indigenous Peoples Act (November 4, 2020)
  (In English, with simultaneous interpretation)
  Speakers: Regional Chief Terry Teegee, British Columbia Assembly of First Nations (Takla Lake First Nation); Professor Mary Ellen Turpel-Lafond (Aki-Kwe), Peter A. Allard School of Law, University of British Columbia; Senior Associate Counsel, Woodward & Company (Muskeg Lake Cree Nation)
  Moderator: Professor Bradford Morse, Faculty of Law, Thompson Rivers University  
• 4^th Webinar: Discussing the Promises and Problems with the Act respecting First Nations, Métis and Inuit Children, Youth and Families (January 20, 2021)
  (In English, with simultaneous interpretation)
  Speakers: Professor Hadley Friedland, University of Alberta Faculty of Law; Co-Founder, Wahkohtowin Law & Governance Lodge; Koren Lightning-Earle, Lawyer, Wahkohtowin Law & Governance Lodge (Samson Cree Nation, Alberta); Professor Naiomi Metallic, Chancellor’s Chair in Aboriginal Law and Policy, Schulich School of Law, Dalhousie University (Listuguj Mi’gmaq First Nation)
  Moderator: Jennifer Cox, Staff Lawyer, Dalhousie Legal Aid Service, Dalhousie University
• 5^th Webinar: Investigating the Indigenous Languages Act (February 17, 2021)
  (In English, with simultaneous interpretation)
  Speakers: Chief Ronald E. Ignace (Stsmél̓qen), Skeetchestn Band, Adjunct Professor, Anthropology, Simon Fraser University (Secwepemc (Shuswap) Nation); Professor Mariane Ignace, departments of Linguistics and Indigenous Studies, Simon Fraser University; Director, SFU’s Indigenous Languages Program and First Nations Language Centre; Professor Sarah Morales, Sarah Morales, Associate Professor, Faculty of law, University of Victoria (Coast Salish, Cowichan)
  Moderator: The Honourable Justice W. James W. O’Reilly, Federal Court; President, CIAJ
• 6^th Webinar: Court Changes after the COVID-19 Pandemic and Indigenous Cultural Relevancy (March 10, 2021)
  (In English, with simultaneous interpretation)
  Speakers: Judge Brent Hoy, Provincial Court, British Columbia; Jennifer Carmicheal, Crown Counsel at Ministry of Children and Family Development and Mark Gervin, Gervin Law
  Moderator: Scott Robertson, Senior Associate, Nahwegahbow Corbiere Genoodmagejig Barrister & Solicitors (Six Nations of the Grand River, Hodinöhsö:ni’);

Date
Webcast on June 23, 2020

60-minute webinar
Participation in this program is accredited in provinces where CLE requirements for lawyers are mandatory.

Overview

More than half of the COVID-19 cases in Canada are linked to seniors’ homes. Is this fallout a reflection of a disregard for older people in Canadian society? Which safeguards should have been in place to prevent such a failing, and what can we do to protect our seniors in the future? In what ways should Canadian law adapt to better shield seniors and vulnerable people from becoming casualties amidst health and legal crises?

Speakers

• Martine Lagacé, Associate Vice-President, Research Promotion and Development, University of Ottawa
• Jane Meadus, Institutional Advocate, Advocacy Centre for the Elderly

Moderator

• Maria Aylward, Lawyer, Manager, Project and Business Development, CIAJ

Overview

Date
Webcast on May 20, 2020

90-minute special webcast with simultaneous interpretation
Participation in this program is accredited in provinces where CLE requirements for lawyers are mandatory.

Overview

In his latest book, Online Courts and the Future of Justice, Professor Richard Susskind, one of the world’s most-cited authors on the future of legal services, writes about how online courts are destined to transform litigation. Our distinguished guests will debate whether technology can transform the legal system and offer better access to justice.

Speakers

• The Right Honourable Richard Wagner, P.C., Chief Justice of Canada
• Professor Richard Susskind, OBE, internationally renowned author, speaker and adviser

Moderator: The Honourable Justice James W. O’Reilly, Federal Court; President, CIAJ

Date
Webcast on May 20, 2020

90-minute special webcast with simultaneous interpretation
Participation in this program is accredited in provinces where CLE requirements for lawyers are mandatory.
Specific accreditation: 1 hour and 30 minutes of Professionalism content (Ontario)

Overview

In his latest book, Online Courts and the Future of Justice, Professor Richard Susskind, one of the world’s most-cited authors on the future of legal services, writes about how online courts are destined to transform litigation. Our distinguished guests will debate whether technology can transform the legal system and offer better access to justice.

Speakers

• The Right Honourable Richard Wagner, P.C., Chief Justice of Canada
• Professor Richard Susskind, OBE, internationally renowned author, speaker and adviser

Moderator: The Honourable Justice James W. O’Reilly, Federal Court; President, CIAJ

Date

March, April and May 2020

List of webinars (scroll down to access the videos)

• Episode 1, March 25, 2020: Becoming the Boss of Your Mental Health: Self-Management Practices for Anxiety in the Workplace (1.25 hour CPD)
  With Ms. Nadia Hammouda, English Community Lead, Revivre *** This episode is for CIAJ Members only.

• Episode 2, April 1, 2020: Mindfulness and Meditation Practices in Times of Crisis (0.75 hour CPD)
  With Ms. Heather Cross, Lawyer, Here + Now

• Episode 3, April 8, 2020: Stuck at Home: Tips and Tricks for Surviving (And Thriving) During a Crisis (1 hour CPD)
  With Valérie Gobeil, Lawyer, Head of Development, GSoft and Tamara Mosher-Kuczer, Lawyer, Capelle Kane

• Episode 4, April 22, 2020: Building Mental Health into Emergency Management and Business Continuity Programs (1 hour CPD)
  With Liz Horvath, B.A.Sc., CRSP, Manager, Workplace Mental Health, Opening Minds, Mental Health Commission of Canada

• Episode 5, May 6, 2020: Administrative Tribunals and COVID-19: Challenges, Solutions and Takeaways (1 hour CPD)
  With Jennifer Khurana, Vice-Chairperson, Canadian Human Rights Tribunal, and David A. Wright, Chair, Law Society Tribunal, Ontario