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Adjudication Skills for the 21st Century: An On-line Prime
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Who should take this course?

This course is specifically designed for decision-makers who participate in oral hearings, individually or as part of a panel. It may also be of interest to those who conduct “file” hearings, since many legal principles that govern the conduct of such proceedings are the same. The audience may include:
  • Newly-appointed tribunal members
  • Tribunal members who want to deepen their understanding of conducting hearings and writing decisions
  • Tribunal staff members
Why the course is needed?
This course offers learners a rich, interactive, and engaging exploration of relevant topics and provides opportunities to engage with narrations and scenario interactions placed strategically throughout the course.

Learners follow the journey of two main characters: Chris and Tali. Chris has just been appointed to a decision-making body and is relatively inexperienced, but he is happy to learn and is excited about his new role. Tali is an experienced administrative decision-maker who has offered to mentor Chris. The course follows Chris through a fictional tribunal case study where as a new member of the Tried ‘N True Tribunal, he is assigned to the Nickel v. Rio Rail case.

The learner is asked to help Chris prepare for participating in the case as a panel member. In each module, Chris has a number of questions that he is trying to answer in preparation for his role. The learner gathers information, ‘consulting’ with different members of the tribunal, as well as Tali and other resources. The learner then answers Chris’s questions based on their research.

Modules provide learners with the opportunity to reflect, analyze, and decide on actions and then receive feedback on their decisions, with reasons for the recommended answer. Using the fictional tribunal process allows the learner to explore the principles that are involved rather than the specific manifestations of that principle in the fictional scenarios.

Many tribunal adjudicators in Canada do not have access to the on-site interactive adjudication courses currently available, either because of travel costs or lack of available time or funds. As well, many provincial and federal tribunals have members who are part-time and who work in many locations.

The online course provides a solution to these challenges – registrants can work on the lessons at their convenience. They just need a computer and access to the Internet.

Grading/Evaluation Approach
This course is built with many levels of informal assessment through the resolution of the various challenges and interactive exercises. There is no formal summative assessment built into the course.  There are no course prerequisites.

Course content
This course contains eight modules.  Within each module, the initial set of questions is delivered through a narrated, interactive activity that includes an introduction to the topics within the module. The research is done through reading of information (text and images) with simple interactions (accordion, tabs, flash cards, quiz questions). The answering of questions is through a narrated, interactive activity.

The following is a summary of each module’s key topics/focus.

Module 1: Introduction to Administrative Justice
The first module introduces the course, its purpose, and the overall approach to learners, as well as Chris and Tali.  Topics covered include:
Decision-making bodies
  • How to know when a decision is within a decision maker’s jurisdiction
  • The growth of tribunals and where they fit in the rule of law
  • Statutory interpretation
Module 2: Aspects of Fairness
  • What fairness means in the context of a tribunal
  • Principles of procedural fairness
  • The right to know the case and reply
  • Key principles of bias, including common allegations of bias
  • Discussions of policy and law with non-panel members
Module 3: Ethical Considerations
Module 3 includes an introduction to ethics that covers information on independence, respect and courtesy, timeliness, collegiality, confidentiality, and open-mindedness and freedom from conflict/bias. Other topics covered include:
  • Ethical conduct for decision-makers
  • How bias is determined and what should be done to avoid perceptions of bias
  • Specific guidelines around public contact and decision-maker conduct
  • Recommended practices around ethical conduct and diversity
Module 4: Case Management & Hearing Preparation
Module 4 helps learners understand the various roles and responsibilities involved in hearing processes, as well as how to prepare for a hearing. The module includes specific information on:
  • Hearing types
  • Rules of practice and procedure, pre-hearing procedures and case management procedures
  • How the decision-making model influences the type of hearing
Module 5: Conduct of a Hearing
Module 5 introduces learners to what a hearing looks like, as well as the specific steps and processes that take place during a hearing.  Specifically, the module includes information on:
  • The procedural steps of a hearing
  • The procedure for preliminary decisions and those that arises during the hearing
  • How to maintain control and decorum at a hearing
  • Swearing in witnesses
  • When, why, and how – and how not to – ask questions as a panel member
  • Recording and note taking
  • Considerations for oral and written hearings
Module 6: Evidence
Module 6 helps learners understand what is meant by evidence; the relationship between evidence, facts, and argument; and how evidence is assessed.  Key topics explored include:
  • Key principles of the rules of evidence
  • Procedures for receiving and evaluating evidence
  • How to apply the principles of admitting evidence
  • Guidelines for weighing evidence
Module 7: Decision Making
Module 7 explores the key elements that enable decision-makers to make a decision and the skills needed for decision writing.  Topics covered in this module include:
  • The what, who and when of writing reasons for decisions
  • The key elements of properly written decisions
Module 8: Wrap Up & Next Steps
In the final module, learners discover what happens when  a decision is challenged and learn more about:
  • Reconsiderations and appeals
  • Correcting errors in decisions
  • The wider professional expectations most decision-making bodies have for decision-makers

Learners are then able to complete a final knowledge check that covers material from the entire course and are guided to additional resources for more information.

This course is in the process of accreditation by the Law Society of Ontario, Law Society of British Columbia and the Barreau du Québec as well as from other provinces.
 
Cost
CCAT / BCCAT Members: $499 plus applicable taxes 
Non-members: $649 plus applicable taxes 

If you incur any difficulty in registering online for the course (do not see the Apply Button below Registration), try using Google Chrome or Firefox as a browser.  If you have any questions, please contact info@ccat-ctac.org.

This course is available in English only at this time.

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This course was developed in partnership with the BC Council of Administrative Tribunals (BCCAT).