iojt logo

Ottawa 2004


The 2nd 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:

  1.  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 2nd, 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 :

   
 
  1. One of the 7 following workshops OR
  2. 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.