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Public Conference 2022
SDRCC 2022 Mediator and Arbitrator Conference
The Sport Dispute Resolution Centre of Canada (SDRCC) is proud to partner with the ADR Institute of Saskatchewan (ADRSK) to deliver the public portion of its 2022 Mediator and Arbitrator Conference. The program features presentations and panel sessions by guest speakers, including SDRCC arbitrators, mediators, clients and collaborators.
Continuing Learning Education Recognition
(updated on November 22, 2022)
The program has been accredited in the past and CLE credits will be indicated as they are confirmed.
- For Alberta lawyers, consider including this Conference as a CPD learning activity in your annual Continuing Professional Development Plan;
- Content applicable for ADR Institute of Canada (ADRIC) CEE points for Q.Med & C.Med (2 points per hour, excluding meals and breaks);
- For the Barreau du Québec: declare the number of hours completed in accordance with the rules governing the continuing education obligation;
- 7 hours of CPD with the Law Society of British Columbia;
- 6.5 Substantive hours, including 1 Ethics Hour, of CPD with the Law Society of Saskatchewan;
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This program contains 2 hours and 50 minutes of EDI Professionalism content and 50 minutes of Professionalism content with the Law Society of Ontario.
For more information, please contact the SDRCC office at conference@crdsc-sdrcc.ca.
Detailed Program
Should you have any questions regarding the content on this page or on the conference in general please feel free to contact SDRCC staff by email or by phone (514) 866-1245.
N.B.: This page will be updated frequently. New items will be marked by date added. There will be no USB key prepared this year and participants are expected to bring electronic copies of documents they wish to have with them during the event.
Suggested Readings:
- 2020-2024 SDRCC Strategic Plan
- 2021 Canadian Sport Dispute Resolution Code
- Annotated Code 2021
- 2021 Canadian Anti-Doping Program
- Acronyms in Sport
Friday November 25, 2022 |
* Meet us at the Pre-conference Area / Michaelangelo C Room -
starting at 7:00 - 8:15 for your registration and breakfast *
7:15 - 8:15 - Women in Sports Law Breakfast
Opening Remarks and Traditional Welcome to the Land
Presenters: Brad Kielmann and Lyndon J Linklater
Update on SDRCC Activities
Session Description: An annual review of changes and innovations in the Centre’s dispute prevention and resolution programs and initiatives, the session will provide an overview of the Centre’s new staff, our achievements in priority areas, and a preview of upcoming projects in 2023.
Presenter: Marie-Claude Asselin
An Overview of the Office of the Sport Integrity Commissioner
Session Description: This session will take a look back at the first few months of operations of the Office of the Sport Integrity Commissioner (“OSIC”), some early observations and trends, in addition to introducing core services and looking at initiatives the OSIC is anticipating over the next few months.
Presenter: Sarah-Ève Pelletier
Suggested Readings:
- OSIC Processes:
- OSIC First Quarterly Activity Report
10:20 - 10:40 - Networking Break - Visit the SDRCC Kiosk!
Review of Recent SDRCC Jurisprudence
Session Description: This session will provide an overview and summary analysis of a selection of recent awards by the Centre’s arbitrators, including a discussion of the significant questions raised by them which may potentially impact future decisions.
Presenters: Russell Gregory and Gord Peterson
Suggested Readings: (updated November 22, 2022)
12:05 - 13:15 - Lunch
13:20 - 14:30 - Concurrent Sessions
Mediating with Parties who Refuse to Be in the Same Room
Session Description: Mediation remains an unknown process to many and assumptions abound with respect to what is “appropriate” for mediation, the expectations of the participants, and the end goal of the process. Fears of the unknown can present themselves by way of certain demands being made of the mediator and their process, such as a refusal to be in the same room as the other party. This session will explore ways in which mediators can acknowledge these fears and provide options for addressing the parties’ basic human need for status, certainty, autonomy, relatedness, and fairness, especially during an amygdala hijack…while protecting and honouring their own role as guardian of the mediation process.
Presenter: Charmaine Panko
Writing the Right Way: How to Tackle Sensitive Topics in your Awards
Session Description: Writing an award is a balance between properly laying the factual basis for the legal conclusions you make, and publicly airing details that may factually be correct, but should best be considered as "too much information". Where should the line be drawn? Words are powerful, so your specific choices of words should reflect an inclusive writing style. This means eliminating unintended discrimination or offence in sensitive areas such as sex, gender, sexual orientation, race, ethnicity, disability and other identity factors. This panel discussion searches for best practices on these topics and is intended to help make all of us better award writers.
Presenters: Nadini Sankar-Peralta and Jeffrey Palamar
Suggested Readings:
- Links for key statistics and data on topics related to inclusion:
- Homophobia and Transphobia in Sports
- The Rally Report - Encouraging Action to Improve Sport for Women and Girls
- Signals versus noise: Gender equity in Canadian sport
- Mental Illness and Addiction: Facts and Statistics
- Prevalence of symptoms of common mental disorders among elite Canadian athletes
- Athletes With Disabilities
- Key readings and tools for inclusive writing:
Mediating in the Presence of Trauma: Preserving Community in Safe Sport Conflicts
Session Description: An emerging trend in sport for mediating harassment and abuse complaints, prior to investigations and discovery, raises unique new procedural and ethical questions even for experienced mediators, in processes that could tear communities apart. This panel and interactive working session, with case study and interactive discussions, will address effective approaches in mediating complaints where parties are affected by trauma, prior to an investigation. The session will explore ethical dilemmas surrounding apologies and acknowledgments, and the need for mediators to add trauma-informed practices to their toolkit in order to preserve relationships among team members and promote healing. Come prepared to jointly deepen our understanding of these sport mediation issues, and identify ethical issues that require further consideration in the evolving legal world of safe sport.
Presenters: Sarah Daitch, David Bennett, Paul Godin and Lanni Marchant
15:35 - 15:55 - Networking Break - Visit the SDRCC Kiosk!
16:00 - 17:00 - Concurrent Sessions
Shifting Trends in Canadian Law for Assessing Sexual Harassment
Session Description: An exploration of the recent changes in how Canadian courts and tribunals have assessed sexual harassment and consent. Examples from employment, human rights, and criminal law provide guidance for best practice in the sport context and recommendations for operating within the self-regulated system.
Presenter: Larissa Donovan
Suggested Readings: (added November 22, 2022)
- Workplace Sexual Harassment and the "Unwelcome" Requirement: An Analysis of BC Human Rights Tribunal Decisions from 2010 to 2016
- An Unwelcome Burden: Sexual Harassment, Consent and Legal Complaints
- Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310
- Ms. K v. Deep Creek Store and another, 2021 BCHRT 158
- R. v. Kirkpatrick, 2022 SCC 33
The SDRCC WAMP: Bridging the Diversity Gap and Increasing the Appointment of Women Arbitrators
Session Description: This session presents the Women in Arbitration Mentorship Program "the WAMP" - established by SDRCC in 2021 in response to the glaring lack of women arbitrators. It will be delivered in the form of a dynamic conversation between a mentor and a mentee.
Presenters: Janie Soublière and Tiffany Paulsen
Suggested Readings:
Indigenous Culture and ADR Practices
Session Description: Indigenous approaches to conflict resolution and restorative justice are rooted in philosophical principals that place emphasis upon healing and rebuilding harmonious relations with self and community. This presentation will provide a broad understanding of Indigenous approaches to dispute resolution and restorative practices that involve consensus building based on open dialogue to exchange information and clarify issues aimed at regaining a sense of harmony, solidarity, and shared accountability among conflicting parties not punishment. We will conclude with an open dialogue surrounding the untapped potential that Indigenous conflict resolution has for creating an atmosphere where everyone can thrive in sports sanctioned by Sport Canada.
Presenter: Laurie-Sherry Kirk
Closing Remarks for the Public Program