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Administrative Tribunal Litigation and Mental Health

The co-authors and General Editors of "Law and Mental Health in Canada: Cases and Materials" discuss the pros and cons of mental health law litigation before civil mental health review panels and Criminal Code Review Boards across Canada, including particular challenges for both litigants and tribunals during the COVID-19 pandemic. Topics covered include the nature of these hearings, the expertise of panels, rules of evidence and the tribunals, best practices in appearing as counsel for parties in such proceedings, cultural competency and tips for avoiding the appearance of institutional bias and providing full and fair hearings.

Key Learning Objectives
• To identify and address issues specific to administrative law litigation where mental health is an issue as distinct from traditionally adversarial trial proceedings in Court and how to ensure full and fair, bias-free hearings both from the perspective of litigants and the tribunal.
• To participate in a Question & Answer period with the opportunity to ask live questions

Agenda
1:00 – 1:05 Introduction and agenda overview
1:05 – 1:10 What Makes Administrative Tribunal Litigation Different
1:10 – 1:15 Civil Mental Health Panels
1:15 – 1:20 Criminal Code Review Boards
1:20 – 1:25 Pros and Cons of Addressing Mental Health Matters at the Tribunal Level
1:30 – 1:35 Challenges COVID-19 presents
1:35 -- 1:40 Other tribunal proceedings where Mental Health is an Issue
1:40 – 1:45 Best Practices for Counsel at Mental Health hearings
1:45 – 1:50 Best Practices for Adjudicators in Mental Health Matters
1:50 – 2:00 Q&A and Conclusion

CPD Credits (1 hour)
• For Ontario, 1 hour can be applied towards the 9 Substantive Hours of Continuing Professional Development as required by the Law Society of Ontario
• For other provinces, consider including this 1 hour course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society

Jan 25, 2023 01:00 PM in Eastern Time (US and Canada)