Diffusion : Le 28 janvier 2021 @ 9 h, heure de l'Est (47 min.)

Les origines de l’équité procédurale et ce quelle contient; Comment les balises sont-elles nées; Qu’est-ce qui les a forgées au fil du temps; Quand s’appliquent-elles; Quels sont les remèdes si elles ne sont pas respectées?

Ces questions et bien d'autres sont abordées dans cet épisode sur le droit administratif, en compagnie des honorables Simon Ruel et Julie Dutil, juges à la Cour d'appel du Québec.

Aired: January 14th, 2021 @ 10 am EST (51 mins)

What are the historical foundations of procedural fairness? When did the rules of natural justice transform into a context-sensitive duty of fairness? What is the modern approach to review for procedural fairness? Is there a difference between correctness review and the assessment of procedural fairness? What kind of procedural fairness questions commonly arise? How did we end up with a divide between procedural fairness and substantive review? Can one distinguish between procedure and substance/merits? If not, how should lawyers and judges characterize questions which may go to procedure or to substance/merits? Has the law on procedural fairness become more or less complex since Vavilov? These issues and many more will be addressed in this first episode of CIAJ’s four-part series on administrative law featuring administrative law expert Paul Daly.

Aired: December 17, 2020 @ 10 am EST (1 hr)

Summary Host Caroline Mandell speaks with Justices Sheilah Martin, Mahmud Jamal and Alice Woolley about how to develop a judicial voice, the specifics of writing judgments compared to writing as an academic or as a litigator, and the role of editing software and AI tools in judgment writing.

Aired: December 10th, 2020 @ 10 am EST (45 mins)

Host Caroline Mandell speaks with Civil Resolution Tribunal Vice-Chairs Kate Campbell and Shelley Lopez about rethinking reasons. In this episode, we explore how the CRT’s commitment to A2J carry through to its written decisions, measure parties’ satisfaction and more.

Aired: December 3rd, 2020 @ 10 am EST (59 mins)

Host Caroline Mandell speaks with Justices Peter D. Lauwers and Shaun Nakatsuru, and decision-maker and lawyer Jennifer Khurana. In this episode, we explore the issue-driven structure and expose some challenges of writing for self-represented litigants.

Aired: November 26, 2020 @ 10 am EST (54 mins)

Summary  Host Caroline Mandell speaks with professional editor Iva Cheung and language expert Cheryl Stephens about the challenges and benefits of plain language in legal writing.

Aired: November 19th, 2020 @ 10 am EST (48 mins)

Host Caroline Mandell speaks with Justice John I. Laskin, language specialist Edward Berry and educator and consultant Steve Armstrong about the Canadian “judgment writing school.” In this episode, we explore the reasons why judges need to learn how to write judgments, even though they have spent a career reading them.