Ottawa 2004

The 2^nd International Conference on the Training of the Judiciary:

Judicial Education in a World of Challenge and Change

October 31-November 5, 2004

Fairmont Château Laurier Hotel

Ottawa, Ontario, Canada

http://www.nji.ca/internationalforum/

Canadian Co-Chairs:

The Honourable Justice Georgina Jackson

Court of Appeal for Saskatchewan

Mr. George Thomson, Executive Director
National Judicial Institute of Canada

Email: gjackson@judicom.gc.ca
Email : gmthomson@judicom.gc.ca

This Conference is a joint project of the International Organization for Judicial Training (IOJT) and the National Judicial Institute of Canada (NJI).

Conference Theme and Overview

Judicial education is one means to strengthen justice systems and to reinforce the rule of law.

This international conference will bring together Judges and other leaders in judicial education from around the world to discuss and exchange perspectives and experiences on a wide range of issues touching on the design and delivery of judicial education, as well as the effective performance of judicial educational organizations.

In developing the theme of this conference, the organizers have chosen a range of topics beginning with a global perspective given by a panel of international chief justices and continuing with specific topics intended to address the issues facing judicial training organizations to-day. Specific issues include: starting a judicial training organization; methods of educating newly-appointed judges; designing a judicial education curriculum; developing a skilled judicial faculty; and integrating substantive law, skills development and social context. One focus will be the use of technology and electronic learning in judicial education. Another will be teaching the craft and skills of being a judge.

The rule of law requires the judiciary to be independent, but it also requires it to be accountable. The conference will consider how to teach such difficult issues as ethics, tolerance and the accommodation of diversity.

At each stage, the conference will provide information and instruction to meet the needs of new judicial training organizations and those that are more advanced. Papers of no more than 20 pages are requested for distribution to faculty before the conference and will be published with permission of the authors on the website and in the library of IOJT following the conference.

Plenary sessions will include simultaneous interpretation in English, French and Spanish. Some workshops will include simultaneous interpretation while others will be offered in the language(s) of the presenter(s).

Partnerships

A number of other organizations are performing an important partnership role in the design of the conference:

CAPCJ Canadian Association of Provincial Court Judges

CEJA Justice Studies Centre of the Americas/ Centro de Estudios de Justicia de las Américas (Chile)

CIAJ The Canadian Institute for the Administration of Justice (Can)

CJEI Commonwealth Judicial Education Institute (Can)

FJC Federal Judicial Centre (USA)

ICJ International Commission of Jurists

JEDNET The Judicial Educators Network (National Judicial Institute) (Can)

NASJE National Association of State Judicial Educators (USA)

PHILJA Philippine Judicial Academy

JSB Judicial Studies Board (England and Northern Ireland)

ENMF L’ecole Nationale de la Magistrature (France)

CMJA Commonwealth Magistrates and Judges Association

NCSC National Center for State Courts (USA)

NJC National Judicial College (USA)

IIAJS The Israel Institute of Advanced Judicial Studies

Conference Agenda

Sunday, October 31, 2004

IOJT Executive Committee Meeting (9am – 12 pm)

Meeting of IOJT Vice-Presidents and Committee Chairs (2 – 4pm)

Knowledge Fair: (1 – 8 pm )

Judicial education organizations represented at the Conference will present and demonstrate their work. Participants may visit with representatives of various judicial training institutes from around the world.

4:30 – 5:30 pm	Plenary: Setting the Stage: Judicial Education and the Judicial Role
	An introductory presentation on how the role and content of judicial education programs vary with the nature of the justice systems within which they operate. Differences in justice systems mean different selection and promotion methods and different roles for judges and therefore, variations in the judicial education curriculum. How does and how should, the selection and promotion methods affect judicial education curricula? Which judicial skills are common to all systems, and which are uniquely relevant to the particular justice system within which the judge functions?

Moderator:	The Honourable Justice Michel Robert (TBC) Chief Justice Quebec Court of Appeal

Presenters:	Professor Pittman Potter (TBC) University of British Columbia

Commentators:	The Honourable Fern Smith Senior Judge,US District Court Northern District of California

	Frances Valls Gombau Director Spanish Judiciary School (TBC)


6:00 – 7:30pm	Reception Fairmont Chateau Laurier

	Welcome and Overview

	The Right Honourable Beverly McLachlin Chief Justice of Canada Chair of the Board of Governors, National Judicial Institute

	Justice Shlomo Levin President IOJT

	The Honourable Irwin Cotler (TBC) Minister of Justice Government of Canada


Monday November 1, 2004

7:30am – 8:45 am	Breakfast

8:45am – 9:00am	The International Organization of Judicial Training Opening Remarks

Presenter:	The Honourable Justice Shlomo Levin Supreme Court of Israel

9:00am – 10:45am	Judicial Education in a World of Challenge and Change
	Five Chief Justices from different regions of the world will offer their perspectives on the role of judicial education in strengthening justice systems and supporting the rule of law

Moderator:	TBC

Presenters:	The Honourable Aharon Barak President of the Supreme Court of Israel

	Rt Hon. Beverley McLachlin Chief Justice of Canada

	The Honourable Muhammadu Lawal Uwais Chief Justice of Nigeria

	The Honourable Justice Luis Paulino Mora Mora (TBC) Supreme Court of Justice, Costa Rica

	Mr. Cao Sanming Supreme People’s Court Beijing, China

11:00am-12:30pm	Plenary: Major Challenges in the Development and Delivery of Effective Judicial Education

	Leaders in the field will introduce 4 broad areas of importance to those who organize, design and deliver judicial education:

	· Establishing and Maintaining a Strong Judicial Training Centre: institutional models; getting started; governance issues; funding issues; building key partnerships (Federal Judicial Centre) · Curriculum Design and the Identification of the Educational Needs of Judges: assessing learning needs; integrating law, skills and social context; establishing a career-long commitment to education; mentoring and learning plans as supports to the curriculum · Faculty Development: judges as unique adult learners; designing effective faculty training programs · Evaluating the Effectiveness and Impact of Judicial Education Programs: how to evaluate the benefits of judicial education; can judicial performance be empirically assessed; does performance evaluation implicate judicial independence

12:30pm – 1:45pm	Lunch

1:45pm – 3:00pm	Workshops on Judicial Education Issues

	An opportunity to discuss in more detail issues raised in the morning plenary session. The workshops will be repeated the following morning;

	1. Getting Started: Creating and sustaining a successful training center with limited resources

		FJC Ms. Mary Frances Edwards

		Asta Minkeviciene Director Judges Training Institute Lithuania

	2. Assessing educational needs and designing a curriculum to deal with them

		Mr. George Thomson Executive Director National Judicial Institute

	3. The Judicial Educator: Faculty Development and Training

	4. Support to the Judicial Curriculum: mentoring; learning plans

	5. Evaluating Judicial Education and Judicial Education Organizations What Can and Should be Measured?

		Mr. Thomas Nelson Langhorne III The Langhorne Group, Inc.

		The Honourable Sandra Oxner Commonwealth Judicial Education Institute

	6. Issues Related to the Funding of Judicial Education: Private Funding and Government Control

		The Honourable Justice Georgina Jackson Court of Appeal for Saskatchewan

		Harold Epineuse Institut des Hautes Etudes sur la Justice France

		The Honourable Justice Ameurfina Melancio Herrera Philippine Judicial Academy

	7. Education and The Judicial Career: effective education for newly appointed judges

		The Honourable Justice Gloria Epstein Superior Court of Justice, Ontario

		Mr. Haim Porat Institute for Advanced Judicial Studies, Israel

	8. Chief’s Roundtable - A dialogue involving Chief Justices and other Judicial Leaders: How to promote and support judicial education and; 2. The content of judicial education programming for Chief justices and other judicial leaders

		Chief Justice Aharon Barak (TBC) Supreme Court of Israel

		The Honurable Catherine Fraser Chief Justice of Alberta Court of Appeal of Alberta

		Ms. Claudia Fernandes National Centre for State Courts

3:15pm – 5:30pm	General Assembly of the IOJT (see Annex 1)

Monday Evening:	Informal Dinners

	The Canadian Judges attending the conference will offer registrants the opportunity to join them and other registrants at informal dinners in the Ottawa region.

Tuesday, November 2^nd, 2004

			Breakfast

7:30am – 9:00am			Workshops Repeated, depending on demand IOJT Business Meetings

9:00am-10:30am			Plenary: Using Technology and Electronic Learning in Judicial Education

			Three presentations to demonstrate the possibilities and the risks associated with the use of technology to deliver judicial education and to provide judges with essential tools and resources.

			A) Exploring the potential and limitations of distance education (monetary considerations aside) (FJC)

				Mr. Russell Wheeler Deputy Director Federal Judicial Centre

			B) Using technology to build and provide needed judicial education resources

			C) Using the internet to deliver education in developing countries

				The Honourable Judge Paul B. Cotter Rule of Law Foundation


11:00am- 12:30pm			Technology Workshops

			This will be an opportunity to discuss and exchange ideas and experiences raised in the plenary session.

			1. Exploring the potential and limitations of distance education (continued)

			Mr. Russell Wheeler Deputy Directory Federal Judicial Centre

			2. Making judicial resources available through technology; bench-books; e-letters; databases; the electronic library; individual learning plans; and web-sites

			The Honourable Victor Hall and the National Judicial Institute

			3. Web-Stream Learning: asynchronous courses, web casting and curriculum design and delivery in E-learning modules

			The Honourable Judge Jean Lytwyn Provincial Court of British Columbia

			4. How Technology Can Aid in Development of Basic Resources and Programs

			Mr. William Dressel President National Judicial College

			5. Developing and maintaining a secure judicial network – the Canadian experience

			The Honourable Justice Robert Carr Court of Queen’s Bench of Manitoba

			Mr. David Gourdeau (TBC) The Office of the Commissioner for Federal Judicial Affairs

12:30pm – 2:00pm			Lunch

2:00-3:00			Plenary: The Craft of Judging: Identifying and Teaching Judicial Skills Teaching Judges as Unique Adult Learners: Skills-based learning as an essential element of good adult education

			Mr. David Cruickshank Paul, Weiss, Rifkind, Wharton and Garrison

			Developing an Effective Skills-Based Course: Using the skills of judgment-writing, delivering oral judgments and managing the judgment-writing process, this session will demonstrate good skills-based course design.

			The Honourable Justice John Laskin Court of Appeal for Ontario

Please choose one of the following options :

	One of the 7 following workshops OR Educating Court – Related Justice System Professionals

3:15-5:00			1. WORKSHOPS Registrants will be able to choose one of six skills-based workshops where they can discuss and observe good educational programming

			1. Hands on Program Design Workshop: Skills Based Design Exercise

				Justice John Laskin Court of Appeal for Ontario

				Mr. Thomas Nelson Langhorne III The Langhorne Group, INC.

				The Honourable Justice Lynn Smith Supreme Court of British Columbia

				Mr. David Cruickshank Peter, Weiss, Rifkind, Wharton and Garrison

			2. Decision Making: Assessing Credibility and Making Findings of Fact

				The Honourable Justice Marc Rosenberg Court of Appeal for Ontario

			3. Judicial Dispute Resolution and Case Management

				The Honourable Justice Clifford Wallace Senior U.S. Circuit Judge

				The Honourable Justice R. James Williams Supreme Court of Nova Scotia

			4. Receiving and Weighing Scientific Evidence

				The Honourable Judge Barbara Rothstein Director Federal Judicial Centre

				The Honourable Justice Thomas Cromwell Nova Scotia Court of Appeal

			5. The Application of Civil Procedure Principles

			How to teach judges to apply correctly the rules of civil procedure ; discussion as to the meaning and goals of civil procedure, and as to the use of these rules as a tool for administering justice and efficiency.”

				The Honourable Justice Shlomo Levin The Institute for Advanced Judicial Studies

			6. Teaching Diversity Issues

				Doug Campbell (TBC) Federal Court

			7. Teaching Judicial Ethics

				A) Integrating Ethics Education into a Judicial Education Curriculum: teaching rules of conduct vs. promoting the skill of identifying and resolving ethical dilemmas B) Innovative initiatives and programs

				The Honourable Justice Georgina Jackson Court of Appeal for Saskatchewan

				Harold Epineuse Institut des Hautes Etudes sur la Justice France

OR		2. Educating Court –Related Justice System Professionals

				Federal Judicial Centre

				Ms. Claudia Fernandes National Centre for State Courts

				Mr. William F. Dressel President National Judicial College Nevada, USA

			A review of best practices, emerging issues and the unique challenges involved in educating other key personnel who work in the courts or deliver court-related services.

			1. How are their learning needs different? 2. How best to deliver educational services efficiently and effectively; using technology effectively to do so. 3. When should judges and other professionals learn together; fostering effective working relationships? 4. Educating aspirants for the judiciary 5. Different programs for different professionals; court clerks; administrators; court reporters; probation staff 6. Special programs for special purposes e.g. assisting self-represented litigants; implementing pre-trial procedures, settlement conferencing and mediation; case management 7. Partnerships and resource-sharing: how to share and adapt technology developed by other judicial education organizations.

Tuesday Evening:			On your own

Wednesday, November 2, 2004

			Breakfast

7:30am-9:00am			Technology and Skills Workshops Repeated, depending on demand Introductory Sessions for New IOJT Committee Chairs/IOJT Executive Meeting

9:00am-10:00am			Judicial Education as a Support to Judicial Independence and Major Justice Reform

				Carlo Guarnieri Dipartimento di Organizzzaione E sistema politico Italy

			Commentary:

				The Honourable Justice Michel Bastarache Supreme Court of Canada

10:00am –10:15am			Health Break

10:15am-11:45am			Judicial Education as a Support to Judicial Independence and Major Justice Reform (continued)

			With commentary from representatives from Chile, Eastern Europe, and South Africa

				Mr. Juan Enrique Vargas Viancos (TBC) Executive Director Judicial Studies Centre of the Americas Chile

				Mrs. Ariana Fullani (TBC) Director The Magistrates School Albania

				Johann Kriegler (TBC) Dean National Judicial Institute South Africa

11:45am – 12:00pm			Closing Remarks:

				The Honourable Justice Clifford Wallace Senior U.S.Circuit Judge

Wednesday Afternoon

			Meetings of IOJT Committees

			Organized tours of Ottawa and Capital Region

Wednesday Evening

6:30pm			Reception dinner hosted by president of IOJT

Symposium on Social Context Education for Judges

November 4 - 5, 2004

Overview Agenda

(Full version available at: www.nji.ca/internationalforum)

(Version: July 14, 2004)

Description

A two-day symposium for judicial leaders and program directors interested in the design and delivery of social context judicial education, broadly understood as education related to equality, human rights, and diversity. The symposium will provide participants with the opportunity to consider the role of social context in judicial decision-making and thus, its role in judicial education, to identify and discuss best practices for design and development of credible social context education, share ‘lessons learned’, discuss effectiveness of social context education and consider how to best ensure sustainability in this area. A number of national programs and specific curriculum initiatives will be represented including Canada, South East Asia, South Africa, Australia, the United States of America, South America and the Middle East.

The symposium will be of interest both for experienced educators to share experiences, approaches and 'best practices' in this area, based on program initiatives in their respective countries and for delegates interested learning more about this as a new area of judicial education.

Honorary Conference Chair: The Honourable Claire L’Heureux-Dubé, Supreme Court of Canada, retired.

Conference Coordinator: L’honorable juge François Rolland, Cour superiéure du Québec

Thursday, November 4, 2004

8.45 -- 9.00 Welcome and Program Overview

9.00 – 9.30 Three Vignettes: International Perspectives on Social Contexts

9.30 – 10.15 Keynote: Contextual Judging and Contextual Judicial Education

The Honourable Chief Justice Catherine Fraser, Court of Appeal of Alberta
(to be confirmed) on

10.15 – 10.30 Health Break

10.30 – 12.30 Social Context Education and Judicial Strengthening

This session addresses the conceptualization and role of ‘national’ social context programs. A range of projects will be presented from developed countries, developing countries and transforming societies. Contributors include:

Canada (Social Context Education Project, Phase I):

South Africa (Canada-Justice Linkage):

Africa/South America (Jurisprudence for Equality Project):

Asia (South East Asia Project):

12.30 – 1.30 Lunch

1.30 – 3.00 Social Context Curriculum and Modules:

This session will examine several specific curriculum development initiatives in social context areas.

Australia: Indigenous Cultural Awareness,

Phillippines: Sex-Trade and Trafficking Education

USA: Sexual Assault; Interdisciplinary Learning : Judges as problem solvers

3.00 – 3.15 Health Break

3.15 – 4.45 Working Groups

These working groups will be divided by subject area to allow exchange on specific judicial curriculum initiatives in the area of social context education.

6.00-7.30 Reception at the Supreme Court of Canada

Friday, November 5, 2004

9.00 -- 10.30 Judicial Leadership and Sustainability of Social Context Education

A hands-on discussion of the ‘judicial faculty development’ model adopted in Canada and approaches elsewhere. Topics include the concept of judge-led peer education, balancing adult learning theory with practical learning content, and the challenges of addressing attitudes in judicial education.

10.30– 10.45 Health Break

10.45 – 12.00 Social Context Education in the Judicial Education Curriculum

12.00 – 1.00 Lunch

1.00 – 2.30 Is Change Possible? What Works and Why

Operating Principles: Best Practices for social context education
Assessing Effectiveness

Panel followed by working groups and final reporting

2.30 Concluding Remarks

3.00 – 5.30 Roundtable Dialogue: Contextual Judging and Contextual Education

This additional optional session to reflect upon the Canadian experience, will be led by coordinators of the NJI Social Context Education Project. Discussants will include judges, academics and community members who have been involved in the development and delivery of social context education in Canada. Other delegates will be welcome to participate in the roundtable.

Confirmed Speakers at the Symposium include:

The Honourable Justice Catherine Fraser, Chief Justice of Alberta, The Honourable Justice Ruma Pal, Supreme Court of India, The Honourable Justice Shiranee Thilakawardene, Supreme Court of Sri Lanka, The Honourable Justice Rosalie Abella, Court of Appeal for Ontario, The Honourable Judge Keith Hollis, Commonwealth Magistrates and Judges Association, The Honourable Acting Judge Cagney Musey, High Court of the Northern Cape, The Honourable Justice Douglas Campbell, Federal Court of Canada, The Honourable Justice Donna Martinson, Supreme Court of British Columbia, The Honourable Justice Lynn Smith, Supreme Court of British Columbia, The Honourable Justice John McGarry, Superior Court of Justice (Ontario), The Honourable Justice Donna Hackett, Ontario Court of Justice, Professor Richard Devlin, Dalhousie University, Halifax, Professor Rosemary Cairns Way, Faculty of Law, University of Ottawa, Dr. Sheilah Martin, Q.C., Faculty of Law, University of Calgary, Ms. Cecille Van Reit, Chief Director, Justice College, South Africa, Mr. William Dressel, President, National Judicial College, Reno, Nevada, Professor T. Brettel Dawson, Academic Director, National Judicial Institute, Ms. Lynn Hecht Scharfran esq and Ms. Claudia Bayliff, esq, Legal Momentum; Ms. Joan Winship, International Association of Women Judges.