SOAR CONFERENCE 2015

THE GREAT PUBLIC INTEREST DEBATE

DEBATE FORMAT

• 6 rounds of 8-minute long debates

• 2.5 minutes PRO• 2.5 minutes CON• 0.5 minute PRO – rebuttal• 2.5 minutes open discussion with entire

panel

– 30-second warning for time limits

DEBATE PAIRS

1. Kathy Laird and Lorne Sossin

2. Paul Daly and Freya Kristjanson

3. Paul Daly and Lorne Sossin

4. Freya Kristjanson and Kathy Laird

5. Paul Daly and Kathy Laird

6. Freya Kristjanson and Lorne Sossin

LIVE AUDIENCE POLLING

After each mini-debate, use your BlackBerry, smartphone, tablet or laptop to choose one of the following answers to this question:

What is your position on this issue now, and did this change because of the debate?

1. PRO – Unchanged

2. CON – Unchanged

3. NEUTRAL – Unchanged

4. PRO – Changed from Neutral or Con

5. CON – Changed from Neutral or Pro

Resolution for Debate

Resolution 1

Resolution 2

Resolution 3

Resolution 4

Resolution 5

Resolution 6

RESOLUTION #1

A tribunal should limit how many cases it resolves without a hearing, because the ADR or mediation process is hidden from public scrutiny and it fails to contribute to the jurisprudence or predictability of the tribunal’s work.

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RESOLUTION #2

The principles of natural justice – as interpreted by the courts – impose undue restrictions on tribunals because tribunals need to be more creative and proactive in managing their case processes and their hearings.

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RESOLUTION #3

The adjudicative independence of tribunal members means that any proper performance appraisal of members will be ineffective and cursory in nature.

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RESOLUTION #4

Members of adjudicative tribunals should be administrative law judges with full security of tenure for life – like the Tribunal administratif du Québec (TAQ) – rather than be appointed for limited terms as in Ontario.

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RESOLUTION #5

Tribunals are running out of excuses about why they are stuck in the analogue world, and they must do much more to harness digital resources to advance public interest and access, including e-filing, live streaming of hearings and online dispute resolution.

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RESOLUTION #6

Tribunals talk a good talk about increasing access to justice for disadvantaged users and unrepresented parties, but they can do much more with their existing resources.

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SOAR CONFERENCE 2015

THE GREAT PUBLIC INTEREST DEBATE

The End

November 6, 2015 (G. Yee)

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