Conference for Crown Counsel

November 7-9, 2011

Niagara-on-the-Lake, Ontario

ALOC / Government of Ontario

Educational Conference

This program has been accredited by the

Law Society for 14 New Member CPD Hours.

Individual sessions, as indicated, have been

accredited by the Law Society for

Professionalism Hours.

ALOC / Government of Ontario Educational Conference

Sessions at a Glance

Monday, November 7, 2011

• Probing Procurement: A Look at Changes in Law and Policy

• Grace under Fire: Answering Difficult Questions from the Bench

• When the Coroner Comes Calling: Advising and Representing your Ministry Clients Before, During

and After a Coroner’s Inquest

• Social Media: Full Speed Ahead or… Not so Fast?

• The Ten-Minute Government Lawyer (Litigator Focused)

• Prosecutorial Ethics and Professionalism **

• Transfer Payments: Key and Emerging Issues

• Insolvency: Increasing Your Chance of Getting Blood from a Stone

• Challenges in Litigation **

• Drafting Legislation: Tips from the Trenches

• Crossing the Rubicon – The Irrevocable Step: Applying Jarvis/Ling in Complex Ministry Contexts

Tuesday, November 8, 2011

• Conflicts of Interest, Wrongdoing and Whistleblowing: What Government Lawyers Need to Know

about the PSOA and the Commissions that Oversee It **

• Winning with Words

• The Ten-Minute Government Lawyer (Solicitor Focused)

• Integrity: Good People, Bad Choices and Life Lessons from the White House (Plenary Session) **

• Ethical Obligations of Government Lawyers **

• Expert Witnesses After the Goudge Report

• Responding to Auditor General Inquiries

• Administrative Law: The Year in Review (Part 1)

• Lien on Me for Security: Construction Law Primer – Liens and Financial Security

• Top Tips for Resolving Litigation

• Administrative Monetary Penalties (AMPs) on the Regulatory Landscape: Benefits, Implications and

Lessons

Wednesday, November 9, 2011

• Administrative Law: The Year in Review (Part 2)

• Aboriginal “Matters”

• Operational Agencies – What’s Up!

• Cloud Computing and the Public Sector: Key Business and Legal Challenges

• Regulatory Prosecutions: Case Law Update

• Litigating Discrimination Claims: Tips for Responding to Applications Before the Ontario Human

Rights Tribunal

• The Changing Concept of Family and Its Impact on Family Law

• Update on Not-for-Profit Corporations Act, 2010

• Constitutional Law Update

• The New Rules Two Years Later

∗∗ These sessions have been accredited by the Law Society for Professionalism Hours. Please see inside

for further details.

Monday, November 7, 2011

9:00 am Registration

10:30 am CONCURRENT SESSIONS (choose one):

Probing Procurement: A Look at Changes in Law and Policy

Speakers:

Christine Gooderham, Senior Counsel (MGS)

Tom Lo, Counsel (MGS)

John Smith, Senior Counsel (MGS)

Join senior counsel as they review recent changes in procurement law and policy, and

explore their implications. Participants will hear about a number of developments,

including:

• Developments in jurisprudence – An analysis of Lefroy Freshmart v. Liquor Control

Board of Ontario, a new Ontario decision that deals with the ability of proponents to

apply for judicial review of purchasing decisions by government bodies.

• Developments in government policy – A discussion of the new Vendor of Record

Agreements for Consulting Services in effect as of September, and used extensively

across government. This discussion will focus on the new Common Terms and

Conditions for I&IT Contracts and IP ownership clauses required for most

government I&IT contracts.

• Developments in trade policy – A review of the new Procurement Directive, which

has been updated as a result of recent amendments to treaty obligations.

Grace Under Fire: Answering Difficult Questions from the Bench

Speakers:

Robin Basu, Counsel (CLB)

Robert Charney, General Counsel (CLB)

Sarah Kraicer, Counsel (CLB)

Bill Manuel, Senior Counsel (CLOC)

Thinking on your feet and remaining calm under the pressure of questioning from the bench

are essential skills for litigators. In this interactive session, experienced Crown Counsel will

provide practical tips and strategies on how to effectively respond to difficult questions

from the bench. Referring to video clips of appearances before both Superior and appellate

courts, the panel will explore real-life examples of the different types of questions that

litigators may encounter. Finally, the panel will conclude by looking at how a proficiency in

responding to questions from the bench relates to effective advocacy skills in general.

When the Coroner Comes Calling: Advising and Representing your Ministry Clients

Before, During and After a Coroner's Inquest

Speakers:

Dennis W. Brown, General Counsel, Q.C. (CLOC)

Jinan Kubursi, Counsel (MCSCS)

Tom Schneider, Counsel (MOL)

Brian Whitehead, Counsel (MCSCS)

Attend this session to learn about various issues related to representing your client at an

inquest under the Coroners Act, including:

• The Coroners Act and the Coroner’s jurisdiction to define the scope of the inquiry;

• The mechanics of a Coroner’s inquest – Understanding the differences between a

Coroner’s inquest and a civil proceeding;

• Seeking standing for your ministry, your role as ministry counsel and how to provide

legal support to your colleagues at Crown Law Office – Civil;

• Working with Coroner’s counsel, public interest groups and counsel for parties with

standing at the inquest; and

• Counselling the jury and responding to jury recommendations.

11:45 am Break

12:00 pm Lunch

1:45 pm CONCURRENT SESSIONS (choose one):

Transfer Payments: Key and Emerging Issues

Speakers:

Peter Spencer, Counsel (MCI/MTC)

Sari Teitelbaum, Senior Counsel (MOHLTC/MHPS)

This session will be a discussion forum for counsel practising in the area of transfer

payments, and will explore key and emerging issues. Topics to be canvassed as they relate

to transfer payments include:

• Broader Public Sector Accountability Act, 2010;

• Defaults under other government contracts;

• Recipient rebates, credits and refunds;

• Using the corrective action provisions;

• Capital funding agreements – unique issues;

• Cash flow and funding/fiscal years;

• French Language Services Act;

• Transfer payment vs. procurement; and

• Ministry controlling a recipient’s project.

This session will be interactive, and will examine transfer payment issues from different

perspectives and draw upon participants’ knowledge and experience.

Social Media: Full Speed Ahead or… Not so Fast?

Speakers:

John D. Gregory, General Counsel (MAG – Justice Policy Development Branch)

David Potts, Author of Cyberlibel: Information Warfare in the 21st Century?

As the government increasingly looks to leverage social media to improve the quality of

government services and to enable greater citizen engagement, a variety of legal issues

need to be considered. Join a conversation about the ways in which the government is

using social media and the legal implications, pitfalls and opportunities of doing so. The

panel will look at both ends of government-sponsored social media: their use by the public

and their use by civil servants.

What does the public expect to find through such media, and is the government ‘bound’ to

provide it? Can the government authenticate the public users of its social media? How do

privacy rights apply? From the civil servant’s point of view, how can lawyers’ desires for

qualifications and disclaimers be met in 140 characters, or on an interactive page of four-

line comments, or on a video? Can legal support keep up with the pace of interactive

media?

Other key issues to be addressed include:

• What are the risks of user-generated content (by either set of users)?

• Can one communicate privately through ‘social’ channels?

• What happens to defamation when it goes online?

• How does one deal with cyber attacks?

• How does one take down an unauthorized ‘government’ site?

The Ten-Minute Government Lawyer (Litigator Focused)

Speakers:

Ronald Carr, General Counsel (CLOC)

Kevin Hille, Counsel (CLOC)

Matthew Horner, Counsel (CLB)

Katherine Kavassalis, Counsel (OCL)

James Kendik, Counsel and Deputy Director (CLOC)

Ten-minute updates on important cases, legislation and issues affecting your government

practice. A fast-moving program covering the following topics:

• Update on Ontario’s tobacco litigation and the Tobacco Damages and Health Care

Costs Recovery Act, 2009;

• Bruno Appliance and Furniture Inc. v. Cassels Brock & Blackwell LLP – The Court of

Appeal considers the proper scope of the new summary judgment rules;

• Canadian Broadcasting Corp. v. Canada – Case law update on the “open courts”

principle and section 2(b) of the Charter;

• A.M.R.I. v. K.E.R. – A review of the Court of Appeal’s decision regarding the

interaction between Canada’s international obligations under the Hague Convention

and provisions of the Refugee Convention; and

• Wellington v. Ontario – The Court of Appeal’s decision in this latest negligent

investigation case.

Prosecutorial Ethics and Professionalism

Speakers:

The Honourable Justice Rick Libman, Ontario Court of Justice

Mark Sandler, Partner (Cooper & Sandler LLP)

Tom Schneider, Counsel (MOL)

Ethical issues in regulatory prosecutions may present with different considerations from the

criminal context. Are the solutions the same? Experienced members of the bench, the

defence bar, and the Crown discuss the approach to ethical and professional conduct issues

in the pre-and post-charge process.

By way of panel discussion and fact scenarios, the session will cover the following issues:

• Assessing the “public interest” in connection with regulatory prosecutions – What is

the “public interest”? What criteria apply and how can it be measured? How do

regulatory objectives fit in with the responsibilities of the prosecutor as guardian of

the public interest?

• The prosecutor in a regulatory ministry/agency: Who do you report to? Who makes

the call at the pre-charge stage, at the post-charge stage and at the appeal stage?

• The parameters for the prosecutor’s involvement at the investigation stage;

• Sharing investigatory information between ministries/agencies;

• Plea bargaining and the role of the regulatory prosecutor;

• Dealing with the media; and

• Dealing with unethical defence lawyers.

NOTE: This session has been accredited by the Law Society for 1.25 Professionalism Hours.

3:00 pm Break

3:15 pm CONCURRENT SESSIONS (choose one):

Insolvency: Increasing Your Chance of Getting Blood from a Stone

Speakers:

Mark Bailey, Counsel (FSCO)

Kevin O’Hara, Senior Counsel (MOF/MOR)

Attend this session to gain a focused, practical understanding of the different types of

insolvency proceedings – bankruptcy, receiverships (private and court-appointed), and

restructuring under the Companies’ Creditors Arrangement Act and the Bankruptcy and

Insolvency Act. Join experienced counsel as they examine and compare these different

proceedings, and highlight some of the issues that arise for Crown Counsel. This session will

be of particular interest to MAG lawyers involved in transfer payments, procurement or

regulatory enforcement.

Challenges in Litigation

Speakers:

Saara Chetner, Counsel (OPGT)

Shane Foulds, Counsel (FRO)

Jeremy Glick, Counsel (CLOC)

Irvin Shachter, Senior Counsel (MMAH)

Whether it’s an unrepresented litigant, a party with diminishing capacity, a difficult

opposing counsel or your own client, the individuals involved in litigation can often increase

the complexity of the issues and the time required to conclude the proceeding. Panellists

will discuss strategies to successfully deal with difficult or uncooperative opposing counsel

in different phases of litigation, including discoveries, settlement discussions, and in court

and before Boards. Hear strategies for dealing effectively with unrepresented parties and

with parties with diminishing capacity. Learn what you can do if a party appears incapable.

Finally, come away with tips on dealing with client issues that arise both before and during

litigation.

NOTE: This session has been accredited by the Law Society for 1.25 Professionalism Hours.

Drafting Legislation: Tips from the Trenches

Speakers:

Laura Hopkins, Legislative Counsel (OLC)

Elaine Ross, Senior Counsel (MMAH)

Moderator: Danna Brown, Legislative Counsel (OLC)

Legislative drafting projects can range from the small scale (fine-tuning a regulation), to the

large scale (developing a new legislative scheme). Even though every project is unique,

some issues are common to most projects and certain skills are essential to all! In this

interactive session, experienced counsel will discuss important legal and operational issues

that are often encountered in legislative drafting projects, and will highlight key skills that

assist ministry lawyers to collaborate effectively with their clients and with legislative

counsel on legislative drafting projects.

Crossing the Rubicon – The Irrevocable Step: Applying Jarvis/Ling in Complex

Ministry Contexts

Speakers:

Steven Groeneveld, Counsel (MOF/MOR)

The Honourable Justice Shaun Nakatsuru, Ontario Court of Justice

During this interactive session, the speakers will analyze and apply the principles in the

Jarvis/Ling Supreme Court decisions that determine whether an inspector or auditor has

“crossed the Rubicon” into the realm of an investigation. This session is designed to equip

you to effectively deal with this Charter issue in conducting your prosecution matters,

and/or in advising your civil and quasi-criminal clients, by focusing on:

• Case updates – A review of how the principles in Jarvis/Ling have been applied by

the courts;

• Case studies – A practical discussion on case studies that illustrate real-life situations

faced by various ministries; and

• The “Grey” Areas – Dealing with the more complex and evolving situations such as

inspectors receiving “tips”, the use of ongoing inspection information, and more.

Tuesday, November 8

9:00 am CONCURRENT SESSIONS (choose one):

Conflicts of Interest, Wrongdoing and Whistleblowing: What Government Lawyers

Need to Know about the PSOA and the Commissions that Oversee It

Speakers:

Valerie Jepson, Counsel (Office of the Integrity Commissioner)

Daman Thable, Counsel (Office of the Conflicts of Interest Commissioner)

Moderator: Nancy Eber, Senior Counsel (MGS)

This session will provide an invaluable forum for all counsel practising in the Public Service

of Ontario. Moving beyond the underlying ethical and professional duties imposed on all

lawyers, this panel is uniquely placed to address the statutorily-mandated ethical

obligations placed on lawyers as public servants. Topics to be explored include:

• The main similarities and differences between the Office of the Integrity

Commissioner of Ontario and the Office of the Conflict of Interest Commissioner of

Ontario;

• Key provisions of the Public Service of Ontario Act, 2006 (PSOA) and how they

govern the practice of Crown Counsel;

• How to identify the different ethical questions that come up under the PSOA, and

who to call for advice; and

• Defining and responding to conflicts of interest, political activity and wrongdoing

matters.

In this interactive session, participants will be asked to respond to real-life ethical dilemmas

under the guidance of Counsel for the Integrity Commissioner and Counsel for the Conflict

of Interest Commissioner.

NOTE: This program has been accredited by the Law Society for 1.25 Professionalism Hours.

Winning with Words

Speakers:

The Honourable Alison Harvison Young, Superior Court of Justice

David Outerbridge, Counsel (Torys LLP)

Improve the clarity and impact of your writing by participating in this interactive session

with Justice Harvison Young of the Superior Court of Justice and leading practitioner David

Outerbridge. Through a review of written advocacy tips and a discussion on how to improve

factum writing using examples, you will come away from the session with concrete advice

that will translate into an immediate improvement in your written advocacy.

The Ten-Minute Government Lawyer (Solicitor Focused)

Speakers:

Don Fawcett, Counsel (MGS)

Bryan Guilfoil, Counsel (MCI/MTC)

James Rehob, Counsel (ENERGY & MOI)

Ian Ross, Counsel (MGS)

Kristin Smith, Counsel (CLOC)

Ten-minute updates on important cases, legislation and issues affecting your government

practice. A fast-moving program covering the following topics:

• Broader Public Sector Accountability Act, 2010 – An outline of the Act, its basic

requirements and how it applies to transfer payment recipients in Ontario;

• Ministry Reconfiguration OICs – Following any election, there may be

amalgamation, separation or reconfiguration of existing ministries. New ministries

may be created and program area responsibilities may change from one ministry to

another. This is all done by OIC. Find out what you need to know to facilitate the

OIC process;

• Consumer Council of Canada’s constitutional challenge before the Ontario Energy

Board (OEB) – An update on the status of the case to date, as well as a discussion on

the jurisdiction of the OEB to hear and determine constitutional questions;

• FIPPA update – The latest orders from the Information and Privacy Commissioner

(IPC) and court decisions; and

• Shoppers Drug Mart Inc. v. Ontario – An analysis of when and how a regulation may

be struck down for being ultra vires.

10:15 am Break

10:30 am PLENARY SESSION:

Integrity: Good People, Bad Choices and Life Lessons from the White House

Speaker:

Egil “Bud” Krogh, Senior Fellow and Chair: Leadership and Ethics (Center for the

Study of the Presidency and Congress)

In 1971, Egil “Bud” Krogh, a 31-year old White House deputy counsel, was tasked with

finding and stopping security leaks and became head of the Special Investigations Unit;

Krogh and associates familiarly became known as the “White House Plumbers.” Of the

various White House-based conspirators, Krogh alone pled guilty and refused to trade inside

information for a reduced sentence. He was disbarred and went to prison. In 1980, Krogh

successfully petitioned to be readmitted to the bar and has been in practice since that time.

In this session, Krogh tells his story – from rising young presidential counsel, to his

indictment and prison sentence, to redemption and the power of choosing what is right. He

will also introduce The Integrity Zone, a conceptual model for making decisions with

integrity which Krogh developed after years of White House experience, law practice, and

extensive writing and lecturing.

This engaging, thought-provoking and inspirational session provides concrete examples of

Onot-so-obvious threats to your integrity in the practice of law, business and government

service. More importantly, it offers a perpetual framework and focused methods to

overcome such threats. Unrestrained interaction with the audience is a hallmark of Krogh’s

highly-acclaimed programs.

NOTE: This program has been accredited by the Law Society for 2 Professionalism Hours.

12:15 pm – Q&A with Egil “Bud” Krogh

12:30 pm

NOTE: There will be a 15-minute question-and-answer session with Bud Krogh for articling

students and newly-called lawyers. This Q&A session, together with the preceding plenary

session, is mandatory for all New Members of the LSUC (new calls licensed after May 31,

2010) who wish to claim CPD hours for attendance at this year’s ALOC/Government of

Ontario Educational Conference.

12:15 pm Break

12:30 pm Lunch & Keynote Speaker:

The Honourable Justice Andromache Karakatsanis, Ontario Court of Appeal

2:00 pm CONCURRENT SESSIONS (choose one):

Ethical Obligations of Government Lawyers

Speakers:

John D. Gregory, General Counsel (MAG – Justice Policy Development Branch)

Egil “Bud” Krogh, Senior Fellow and Chair: Leadership and Ethics (Center for the

Study of the Presidency and Congress)

Janet Minor, General Counsel (CLB)

Moderator: David Ranalli, Counsel (ENERGY & MOI)

The role and duties of Crown Counsel are evolving. Crown Counsel are often having to

balance competing duties and responsibilities to the public, their clients, the Attorney

General and the legal profession. Panel members will discuss a number of questions

relating to the role and duties of Crown Counsel, including the following:

• What is Crown Counsel's role to protect the rule of law?

• What is the scope of the rule of law?

• What is Crown Counsel's role when a ministry proposes an option which counsel

considers to be unethical, dishonest or unlawful?

• What is Crown Counsel's role when a ministry proposes an option which is obviously

contrary to the rule of law or is obviously contrary to the Charter?

• What is Crown Counsel's role when confronted with political interference?

Both solicitors and litigators will be interested in this frank discussion about some of the

ethical obligations of Crown Counsel.

NOTE: This session is mandatory for all New Members of the LSUC (new calls licensed after

May 31, 2010) who wish to claim CPD hours for attendance at this year’s ALOC/Government

of Ontario Educational Conference.

Expert Witnesses After the Goudge Report

Speakers:

Deborah McPhail, Senior Counsel (FSCO)

Jonathan Shime, Partner (Cooper & Sandler LLP)

Brendan Van Niejenhuis, Partner (Stockwoods LLP Barristers)

Attend this session to learn about the key findings and recommendations of the Goudge Report,

and their broader implications for preparing, qualifying and examining expert witnesses. Hear

from experienced counsel as they examine key developments and issues, including:

• Recent case law on qualifying experts and the court's "gatekeeper" function;

• Tips on retaining an expert;

• Disclosure/production issues;

• When “in-house” experts can be used;

• How to avoid your expert becoming an advocate; and

• The implications of recent amendments to the Rules of Civil Procedure regarding expert

neutrality and similar amendments to rules of procedure for administrative tribunals.

Responding to Auditor General Inquiries

Speakers:

Jim McCarter, Auditor General of Ontario

Larry Yarmonlinsky, Director (Ontario Internal Audit)

The audit function plays a large role in both internal and public accountability, and touches

every ministry and its legal branches. Discover more about the offices of our internal auditors

and that of the Auditor General of Ontario (AGO), including specifics on their various functions:

• Roles and services of each office compared and contrasted, including governance

and structure, and the interaction between them;

• Internal audit's role in facilitating the relationship between the AGO and the

management of its client ministry;

• Internal audit's key role in preparing senior officials in the Ontario government for

the AGO's annual report; and

• The role of internal audit in the release of privileged documents: Crown (Cabinet)

privilege from the ministries to the AGO, and breaking issues for both offices.

This is a unique opportunity to meet, hear from and pose questions to Ontario’s auditors.

3:15 pm Break

3:30 pm CONCURRENT SESSIONS (choose one):

Administrative Law: The Year in Review (Part 1)

Speakers:

Sara Blake, Counsel (CLOC)

Lise Favreau, Counsel (CLOC)

Leslie McIntosh, General Counsel (CLOC)

This year, the popular annual review of the leading administrative law cases is divided into

two parts. In addition to providing the highly-coveted list of important cases and reviewing

the highlights, each presenter will have the time to discuss one or two topics in more detail –

where the law was, where it is now, and if possible, where it is going.

Part one of the session will explore such topics as standard of review, review of reasons for

decision – procedural fairness approach vs. standard of review analysis, standing, judicial

review process, justiciability, and civil action or judicial review?

NOTE: Administrative Law: The Year in Review (Part 1) and (Part 2) are stand-alone sessions

and can be attended separately or in sequence.

Lien on Me for Security: Construction Law Primer – Liens and Financial Security

Speakers:

Ann Walters, Legal Counsel (IO)

Henry Weilenmann, Counsel (MTO)

Join two experienced counsel as they provide an essential primer on construction law,

divided into two parts:

Part one will provide an overview of construction liens and how to respond to them,

including a discussion of the roles of Infrastructure Ontario, the client ministry and CLOC. In

addition, this part will explore MTO’s construction lien experience to highlight obligations of

the Crown, expiry of lien rights and two recent MTO cases dealing with lien rights.

Part two will provide an overview of financial security, including bonds, letters of credit and

holdback provisions. This part also provides practical considerations based on MTO’s

successes and challenges with enforcing financial security.

Top Tips for Resolving Litigation

Speakers:

Jim Smith, Counsel (CLOC)

Susan Stamm, Counsel (OCL)

Mark Wright, Partner (Sack Goldblatt Mitchell LLP)

Resolving litigation early and narrowing the issues for trial are often expected in a time of

expensive and time-consuming litigation. Hear tips from experienced counsel on how to

effectively use settlement discussions and offers to resolve matters. Come away with

strategies to narrow the issues and resolve litigation through the use of mediation. Gain

insight on how to resolve litigation through summary judgment proceedings.

Administrative Monetary Penalties (AMPs) on the Regulatory Landscape: Benefits,

Implications and Lessons

Speakers:

Scott Fenton, Partner (Fenton, Smith Barristers)

Zachary Green, Counsel (CLB)

David Potts, City Solicitor (Corporation of the City of Oshawa)

Johanna Superina, Counsel and Manager, Enforcement Branch (OSC)

Moderator: Larissa Easson, Counsel (FSCO)

If you don’t know what AMPs are, this is your chance to find out! If you already know what

AMPs are, this session will bring you up-to-speed on recent issues. Hear Crown, municipal

and defence counsel debate the issue of how AMPs are changing the regulatory

enforcement landscape. Do AMPs promote regulatory compliance, and if so, how? What

are the procedural advantages or disadvantages of AMPs? What level of procedural fairness

should we expect from AMP schemes? What lessons have we learned from AMPs that have

been applied and tested in court? The answers to these questions and more will be

vigorously discussed.

Wednesday, November 9

9:30 am CONCURRENT SESSIONS (choose one):

Administrative Law: The Year in Review (Part 2)

Speakers:

Sara Blake, Counsel (CLOC)

Lise Favreau, Counsel (CLOC)

Leslie McIntosh, General Counsel (CLOC)

This year, the popular annual review of the leading administrative law cases is divided into

two parts. In addition to providing the highly-coveted list of important cases and reviewing

the highlights, each presenter will have the time to discuss one or two topics in more detail –

where the law was, where it is now, and if possible, where it is going.

Part two of the session will focus on the exercise of statutory powers, and will include topics

ranging from the scope of statutory authority to the duty to follow fair procedures

generally, bias, and inspection powers.

NOTE: Administrative Law: The Year in Review (Part 1) and (Part 2) are stand-alone sessions

and can be attended separately or in sequence.

Aboriginal “Matters”

Speakers:

Robert Brent, Counsel (MNDMF)

Allyssa Case, Counsel (MAA)

Mark Crow, Counsel (CLB)

Alison Hall, Counsel (MOE)

Catherine Stewart, Counsel (MAA)

This session will provide the essential information you need to keep up with this complex

and ever-evolving area of the law. Come listen to an experienced group of panellists as they

offer their expertise and perspectives on four key topics:

• Update on Aboriginal case law from the perspective of prosecutions and divisions of

power;

• Update on Aboriginal case law from the consultation perspective;

• Discussion on the relationship between counsel and an Aboriginal community in

day-to-day ministry business, negotiations and in the context of litigation; and

• Cross-ministry perspectives and strategies.

Operational Agencies – What’s Up!

Speakers:

Martine Bouret, Counsel (MTO)

Cheryl Carson, Senior Counsel (ENERGY & MOI)

Christine Gooderham, Senior Counsel (MGS)

Stewart McMahon, Counsel (MGS)

David Ranalli, Counsel (ENERGY & MOI)

Patrick Rundans, Counsel (MOF/MOR)

Craig Simons, Counsel (MOE)

The Guide to Establishing Operational Agencies (the “Guide”), developed by the Commercial

Lawyers Group – Internal Governance Practice Group, was officially launched last year at

ALOC’s Crown Counsel Professional Development Day. Since then, there have been a number

of developments with impacts on agencies of which you need to be aware, including:

• What’s happening with the Guide;

• The new Government Appointees Directive;

• Changes to the Procurement Directive and related case law;

• The merger of the Ontario Realty Corporation, Infrastructure Ontario and Stadium

Corporation;

• The new MOU guide and template; and

• Financial updates.

This is your opportunity to learn about these developments and more. Why lag behind,

when you can be ahead of the pack!

10:45 am Break

11:00 am CONCURRENT SESSIONS (choose one):

Cloud Computing and the Public Sector: Key Business and Legal Challenges

Speakers:

Fraser Mann, Partner (Miller Thomson LLP)

Albert Silverman, Senior Managing Director & Chief Architect, Consulting & Deals

(PricewaterhouseCoopers LLP)

Cloud computing appears to have taken the mantle as the latest hot technology topic, but it

also comes with its own set of legal concerns that should not be overlooked. In this session,

the speakers will highlight key legal risks and challenges associated with the use of cloud

computing models in the public sector. Specific topics will include:

• An overview of different models of cloud computing (public, private, community, hybrid);

• Current and future trends in cloud computing;

• Unique challenges in adopting cloud computing in the public sector;

• A look at how the public sector in other jurisdictions is making the leap to the cloud;

• Some key issues for cloud computing agreements (e.g., service level commitments,

privacy and security, intellectual property rights, data control and return, transition

issues); and

• Willingness of vendors to negotiate standard-form cloud computing agreements.

Regulatory Prosecutions: Case Law Update

Speakers:

Deanna Exner, Counsel (MOHLTC/MHPS)

Paul Gonsalves, Counsel (MNR)

Jerry Herlihy, Counsel (MOE)

Wes Wilson, Counsel (MOL)

Be up-to-date on important cases affecting prosecutions under the Provincial Offences Act.

Senior regulatory prosecutors will provide an essential review of recent cases raising the

latest issues, including:

• R. v. Spence – How interviews should be conducted by Crown Counsel;

• R. v. Caron – Whether an interim award of costs for counsel and experts is available

in the context of a regulatory prosecution;

• R. v. City of Toronto – Lost informations: proceeding with a case in the absence of

the original;

• R. v. Nixon – Circumstances in which the Crown may repudiate a plea agreement;

• Ontario (Labour) v. Black & McDonald Limited – Formal requirements of charges; and

• R. v. Enbridge Gas Distribution Inc. – Limitation periods and changing the theory of

the Crown on appeal.

Don’t miss this opportunity to learn about the impact these decisions may have on the law

and your practice!

Litigating Discrimination Claims: Tips for Responding to Applications Before the

Ontario Human Rights Tribunal

Speakers:

Beth Beattie, Counsel (MOHLTC/MHPS)

Chris Diana, Counsel (MCSCS)

Sean Hanley, Counsel (CLB)

This panel will review key decisions of the Human Rights Tribunal and courts that have a

broad effect on the legal analysis under the Human Rights Code, and procedure before the

Tribunal. Specific topics will include:

• Top 10 tips for counsel dealing with applications under the Human Rights Code;

• The Legal Test for Discrimination under the Human Rights Code: Ontario (Disability

Support Program) v. Tranchemontagne;

• Update on Rule 19A – Request for Summary Dismissal – the emergence of a

threshold test; and

• Judicial Review of Tribunal Decisions – How the Divisional Court has interpreted the

Human Rights Code’s “patently unreasonable” standard of review.

This is an ideal session for counsel in seconded branches who handle human rights

applications that come into their ministries.

The Changing Concept of Family and Its Impact on Family Law

Speaker:

Dr. Emily Carasco, Professor (University of Windsor, Faculty of Law)

In this session, the changing nature of the concept of family, as well as its importance, will be

examined. The past few decades have seen the two-income family becoming the norm, larger

numbers of cohabiting couples, the recognition of same-sex marriage, more children being

raised in blended families or by single parents, diversity among Canadians, fewer Canadian

children being available for adoption, and recognition of the plight of Aboriginal children.

These societal changes should have a profound impact on the way we deal with issues relating

to the validity of marriage, spousal support laws, property division, custody, adoption and the

rights of children. We are a society in a state of flux – has family law kept up?

These issues and recent judicial decisions will be discussed in an effort to describe the

transformation of family law in Canada.

12:15 pm Break

12:30 pm Lunch

2:15 pm CONCURRENT SESSIONS (choose one):

Update on Not-for-Profit Corporations Act, 2010

Speakers:

Michelle Adamowicz-Godin, Counsel (MGS)

Bonni Harden, Counsel (MGS)

The Not-for-Profit Corporations Act, 2010 (NFPCA) received Royal Assent on October 25,

2010 and is anticipated to be proclaimed into force in late 2012.

The NFPCA provides for a new regime to govern Ontario not-for-profit corporations, and will

replace the not-for-profit parts of the Corporations Act. This session will provide highlights

of the new Act, as well as new incorporation requirements. Specific topics will include:

• The change from ministry discretion to “endorsement as of right”;

• Basics of incorporating under the new Act;

• Key changes for statutory corporations;

• New electronic options for incorporating and filing; and

• Transition rules for existing not-for-profits.

Constitutional Law Update

Speakers:

Christine Bartlett-Hughes, Counsel (CLO – Criminal)

Robin Basu, Counsel (CLB)

Robert Charney, General Counsel (CLB)

Zachary Green, Counsel (CLB)

Update on recent constitutional cases from the Supreme Court of Canada and other courts

that deal with significant constitutional issues, rights and freedoms. This year’s program will

include discussion on the following cases:

• Withler v. Canada – Equality, discrimination and death benefits;

• Ontario v. Fraser – Freedom of association and the right to collective bargaining;

• Reference re Canadian Securities Act– The debate over a national federal securities

regulator; and

• Bedford v. Canada – Is there a Charter right to engage in prostitution?

The New Rules Two Years Later

Speakers:

Ann Christian-Brown, Counsel (CLOC)

Josh Hunter, Counsel (CLB)

What has been the effect of the major amendments to the Rules of Civil Procedure which

were implemented on January 1, 2010? In this session, experienced counsel will discuss the

impact of these amendments on summary judgment motions and discoveries, as well as

provide tips and strategies to assist litigators in navigating the new rules.

3:30 pm Close