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Date

Thursday, October 13, 2011
Friday, October 14, 2011

Theme

The overall purpose of the conference is to explore how Canadian law has changed with the threat of terrorism in the decade since 9/11. Many of these changes have been controversial, especially in the way in which they reconcile (or not) civil liberties and human rights with enhanced state power to combat terrorism. At the same time, the last decade has been one of several public inquiries, investigating the actual practice of anti-terrorism by Canada’s security services.

Key questions arising from the 2011 conference include, at the broadest level, whether Canadian law has successfully preserved fundamental rights and values of substantive and procedural justice while at the same time contributing to anti-terrorism.

Conference Co-Chairs

• The Honourable Justice Richard Mosley, Federal Court, Ottawa, ON
• The Honourable Judge Dominique Larochelle, Cour du Québec, Laval, QC
• Mr. Bernard Grenier, Ad.E., Schurman Longo Grenier, Montreal, QC

Academic Experts

• Vice Dean Craig Forcese, Faculty of Law (Common Law Section), University of Ottawa, Ottawa, ON
• Professor François Crépeau, Faculty of Law, McGill University, Montreal, QC

Organizing Committee

• Mr. Michael W. Duffy, Senior General Counsel (National Security Law), Justice Canada, Ottawa, ON
• Ms. Sylvia Mackenzie, Counsel, Federal Court, Ottawa, ON
• The Honourable Justice Anne Mactavish, Federal Court, Ottawa, ON
• Ms. Beth Symes, LSM, CM, Symes and Street, Toronto, ON

Date

Monday, September 13, 2010
Tuesday, September 14, 2010

Theme

This conference is organized by the CIAJ Legislative Drafting Committee chaired by Ms Judith Keating, Q.C., the Chief Legislative Counsel of New Brunswick. It will focus on how the evolving legal concepts of a diverse community are redefining legislative drafting. Those entrusted with preparing draft legislation bring specialized knowledge and understanding to their creation.  In response to a growing environment, they are further called upon to integrate the new and broader concepts of an evolving global community.

Within that context, particular topics will examine the value and contributions of the legislative drafter to the intricate fabric of legislation; the professional and ethical dimensions of the drafter within a modern, complex work environment; the evolving legal, cultural and language issues that must be considered and integrated into legislation and how they are redefining the way we draft. The conference will also include workshops dealing with practical drafting issues as they relate to English, French and Aboriginal languages.

Conference participants can expect to come away with a better understanding of how legislation is being redefined in broad terms to adapt to an ever changing environment and how the drafting profession is responding to re-imaging of the law.

Planning committee

• Judith Keating, Q.C.(chair), Chief Legislative Counsel of New Brunswick, Fredericton, NB
• Mark Aitken, Director, Northwest Territories Legislation Division, Yellowknife, NT
• Mark Audcent, Law Clerk and Parliamentary Counsel, Senate of Canada, Ottawa, ON
• Pierre Charbonneau, Senior Legislative Counsel, Department of Justice of Quebec, Quebec City, QC
• Richard Denis, Law Clerk and Parliamentary Counsel, House of Commons, Ottawa, ON
• Janet Erasmus, Chief Legislative Counsel of British Columbia, Victoria, BC
• Philippe Hallée, Deputy Chief Legislative Counsel, Department of Justice Canada, Ottawa, ON
• Laura Hopkins, Legislative Counsel, Office of Legislative Counsel (Ontario), Toronto, ON
• John Mark Keyes, Chief Legislative Counsel of Canada, Department of Justice Canada, Ottawa, ON
• Barbara Kincaid, General Counsel, Supreme Court of Canada, Ottawa, ON
• Naiomi Metallic, Associate, Burchells LLP, Halifax, NS
• Peter Pagano, Q.C., Chief Legislative Counsel, Department of Justice Alberta, Edmonton, AB
• Rob Walsh, Law Clerk and Parliamentary Counsel, House of Commons, Ottawa, ON

Date

Thursday, October 14, 2010
Friday, October 15, 2010

Theme

The overall purpose of the conference is to explore the issues in sentencing that need to be addressed in Canada. The focus is on the future: what aspects of sentencing (and the correctional process) should change, and what needs to be done in order to ensure that these changes are made. From the public’s perspective, sentencing appears to be evaluated largely on the basis of whether individual sentences are ‘severe’ enough.

The working assumption of this conference is that the severity of sentences is probably the least difficult question to address: sentences in Canada could, relatively easily, be made ‘twice’ or ‘half’ as severe as they are now. The more fundamental issues – what principles should guide the determination of sentences – would still be with us, even if overall severity were to change in either direction. The challenge of sentencing in the 21st century might be seen as finding the right balance between individualization and judicial discretion, on the one hand, and principled guidance on the other; and, at the same time, ensuring that sentences are, as much as possible, understandable and fair. Defining how one determines what is ‘fair’ is, of course, fundamental.

Chairs

Honorary Chair

• The Honourable Lance S. G. Finch, Chief Justice of British Columbia, and President, International Society for the Reform of Criminal Law, Vancouver, BC

Conference Co-Chairs

• The Honourable Justice Elizabeth Bennett, British Columbia Court of Appeal, Vancouver, BC
• Professor Anthony Doob, Centre of Criminology, University of Toronto, Toronto, ON
• Mr. E. David Crossin Q.C., Sugden, McFee & Roos, LLP, Vancouver, BC 

Organizing Committee

• The Honourable Judge Conni Bagnall, Provincial Court of British Columbia, Vancouver, BC
• The Honourable Judge Marion Buller Bennett, Provincial Court of British Columbia, Port Coquitlam, BC
• Commissioner Don Head, Correctional Service of Canada, Ottawa, ON
• The Honourable Judge Patrick Healy, Court of Quebec, Montreal, QC

Date

Thursday, September 11, 2008
Friday, September 12, 2008

Theme

This conference organized by the CIAJ Legislative Drafting Committee, chaired by Mr. John Mark Keyes, Chief Legislative Counsel of Canada, will focus on the intersecting roles of those involved in determining the wording of legislative texts (statutes and regulations). This group most obviously includes legislative drafters whose task is to turn drafting instructions into text. But it also includes those responsible for developing drafting instructions and their underlying policy, whether acting within government or parliamentary institutions as policy officials or legal advisers, or outside these institutions on behalf of interest groups. Draft texts are also often further processed by yet another constituency that includes translators, editors, jurilinguists and bijuralists. Finally, parliamentarians and subordinate legislative authorities are involved in writing, reviewing, amending and adopting draft texts that are presented to them.

The multiplicity of participants in law-making processes poses the question that forms the title of the conference: who really writes the law? What are the distinctive roles of these participants? Are there overlaps or conflicts? Are these roles evolving in response to changes in the political culture or environment for law-making? The conference speakers will consider these questions and more. Conference participants can expect to come away with a better understanding of the legislative landscape and, if not a definitive answer to the main question, at least a point of view.

Planning Committee

• John Mark Keyes, (Chair) Chief Legislative Counsel of Canada, Department of Justice Canada, Ottawa, ON
• France Allard, General Counsel, Manager and Comparative Law Specialist, Department of Justice Canada, Ottawa, ON
• Mark Audcent, Law Clerk and Parliamentary Counsel, Senate of Canada, Ottawa, ON
• Pierre Charbonneau, Senior Legislative Counsel, Department of Justice of Quebec, Quebec City, QC
• Richard Denis, Law Clerk and Parliamentary Counsel, House of Commons, Ottawa, ON
• Janet Erasmus, Chief Legislative Counsel of British Columbia, Victoria, BC
• Nicole Fernbach, President, Juricom, Montreal, QC
• Philippe Hallée, Deputy Chief Legislative Counsel, Department of Justice Canada, Ottawa, ON
• Laura Hopkins, Legislative Counsel, Office of Legislative Counsel (Ontario), Toronto, ON
• Judith Keating, Q.C., Chief Legislative Counsel of New Brunswick, Fredericton, NB
• Barbara Kincaid, General Counsel, Supreme Court of Canada, Ottawa, ON
• Peter Pagano, Q.C., Chief Legislative Counsel, Department of Justice Alberta, Edmonton, AB
• Donald Revell, Legal Drafting Consultant, former Chief Legislative Counsel of Ontario, Toronto, ON
• Rob Walsh, Law Clerk and Parliamentary Counsel, House of Commons, Ottawa, ON