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THE LAW OF EMERGENCIES: THE OSGOODE CERTIFICATE IN - Osgoode Professional ...
THE OSGOODE CERTIFICATE IN

THE LAW OF
EMERGENCIES:
Practical Strategies in Disaster Preparedness,
Management and Recovery

                                                                    PROGRAM DIRECTOR
                                                                    Prof. François Tanguay‑Renaud
                                                                    Osgoode Hall Law School
Public emergencies affect the legal advice                          York University
you provide and how you provide it.
                                                                    REGISTRATION DETAILS
Get “emergency ready”.                                              March 25, April 11 & 29,
Learn how to address the legal issues arising from emergency        and May 4 & 11, 2022:
conditions and converging crises in our increasingly volatile and   Online, Live
uncertain world. A multidisciplinary faculty will examine:
                                                                    Single day registration
• Emergency powers and their limits                                 also available
• How to advise clients when the law in an emergency situation      Can’t make the date?
  has not been previously interpreted or is otherwise unclear       Registration includes 120‑day
• How to deal with government and conflicting and vague             unlimited, online access to the
  information                                                       recorded program.
• How to prepare your organization or firm for advising in the
  next emergency

                                                                    Register today at:
 Choose to register for individual modules OR take advantage
 of special pricing and save over $200 when registering for the     osgoodepd.ca/
 whole certificate.                                                 emergencylaw
THE LAW OF EMERGENCIES: THE OSGOODE CERTIFICATE IN - Osgoode Professional ...
The Osgoode Certificate in

 The Law of Emergencies
 Practical Strategies in Disaster Preparedness,
 Management and Recovery

                             Were you prepared to advise your clients on the
                             multitude of legal issues raised by the pandemic?
                             Would you be ready to advise in an environmental
                             disaster generated by climate change, a disruption of
                             public order arising from political upheavals, or any
Can’t attend a               other public emergency?
module?                      The pandemic created unprecedented and thorny legal issues across many
                             different areas of law. It is clear that global civilization has entered an era of
All participants will have
                             converging crises. As a result, legal professionals across all areas of practice are
120‑day on‑demand            being forced to seek and provide guidance in situations where there is little
access to the recordings.    certainty, but quick and decisive action is required.

                             The Osgoode Certificate in the Law of Emergencies is designed specifically
Interested in only           for legal professionals in private practice, in‑house or in government who want
one or a few of              to develop an expertise in emergency law. This one‑of‑a‑kind program will give
                             you the knowledge, tools and strategies you need to get “emergency ready”
the modules?                 from a legal standpoint.

Each module is               Choose to register for individual modules or the full certificate:
available for individual     • Module 1 – March 25, 2022
registration.                  Crises and the Law: Identification and Response

                             • Module 2 – April 11, 2022
                               Emergency Legislation and Regulation in Canada: Understanding and
                               Working with the Regulatory Framework

                             • Module 3 – April 29, 2022
                               Emergency Management and the Public Law Framework:
                               The Impact of Constitutional, Administrative and International Law

                             • Module 4 – May 4, 2022
                               Private Law Tools for Emergency Response
 Register today at:
                             • Module 5 – May 11, 2022
 osgoodepd.ca/                 Crisis Advising: Government Relations, Communications and
 emergencylaw                  Other Strategic Responses
THE LAW OF EMERGENCIES: THE OSGOODE CERTIFICATE IN - Osgoode Professional ...
If you complete the whole certificate,
you will learn:                                                                   Who Should
• What constitutes an “emergency”       • The distinction between
                                          emergency‑specific issues and
                                                                                  Attend
  and how it differs across different
  areas of law (employment/               emergency‑sensitive issues              • Lawyers from all areas
  labour, indigenous, environmental,                                                of practice
                                        • Salient features of international
  insurance, criminal, etc.)
                                          emergency regimes from various          • Government lawyers,
• The current role of municipalities,     jurisdictions (both domestic and          policy advisors and officials
  provinces, and the federal              international, public and private)
                                                                                    (federal, provincial and
  government in emergencies             • How to overcome the obstacles             municipal)
  (as well as their powers and the        brought on by an emergency when
  restrictions placed on them)            trying to be heard by governments       • In‑house counsel
                                          on behalf of your clients
• The rules regarding emergency                                                   • Emergency and disaster
  powers, and the tools that existing   • The specific soft skills needed when      management professionals
  areas of law may already have to        advocating to governments during
  deal with emergencies                   an emergency

• The differences between private and   • Strategies for managing your practice
  public emergency law, including at      with a focus on knowing when/how
  the constitutional level                to pivot into emergency advising

  In a world in which the frequency of major emergencies is likely to             Register today at:
  keep increasing, make sure you have the legal knowledge and skills to           osgoodepd.ca/
  respond and pivot effectively.
                                                                                  emergencylaw
Led by an expert faculty of practitioners, legal academics
and government executives including:
Program Director                            Program Faculty
                                            Eric Block                                  Associate Professor Jocelyn Stacey
                                            McCarthy Tétrault LLP                       Associate Dean, Graduate Studies
                                                                                        and Professional Programs,
                                            Meghan Bridges                              Peter A. Allard School of Law,
                                            McCarthy Tétrault LLP                       University of British Columbia

                                            James Buchan                                Lori Stoltz
                                            Gowling WLG LLP                             Morris + Stoltz + Evans LLP
Professor François
Tanguay‑Renaud                              Simon Cameron
                                            Osler Hoskin & Harcourt LLP
                                                                                        Professor François Tanguay‑Renaud
                                                                                        Osgoode Hall Law School,
Osgoode Hall Law School,                                                                York University
York University                             Jody Johnson
                                            Director, Legal Services                    Brendan Van Niejenhuis
                                            Halton Region                               Stockwoods LLP
Advisory Board
                                            Sanjay Khanna
Professor Saptarishi Bandopadhyay           Strategic Advisor and Foresight Expert,
Osgoode Hall Law School,                    NOW Partners
York University
                                            Jennifer King
Adam Goldenberg                             Gowling WLG LLP
McCarthy Tétrault LLP
                                            Ewa Krajewska
Professor Steven J. Hoffman                 Borden Ladner Gervais LLP
Faculty of Health and Osgoode Hall
Law School, York University                 Natasha MacParland
                                            Davies Ward Phillips & Vineberg LLP
Jennifer King
Gowling WLG LLP                             David Matyas
                                            PhD Candidate, Faculty of Law,
Philippe‑André Rodriguez                    University of Cambridge
Deputy Director, Centre for International
Digital Policy, Global Affairs Canada       Gord McGuire
                                            Adair Goldblatt Bieber LLP
Professor Craig Scott
Osgoode Hall Law School,                    Philippe‑André Rodriguez
York University                             Deputy Director, Centre for International
                                            Digital Policy, Global Affairs Canada
Daniel Sheppard
Goldblatt Partners LLP                      Daniel Sheppard                             Register today at:

Branden Van Niejenhuis
                                            Goldblatt Partners LLP
                                                                                        osgoodepd.ca/
Stockwoods LLP                                                                          emergencylaw
Agenda
MODULE 1                                            MODULE 2                                            Jody Johnson
                                                                                                        Director, Legal Services, Halton Region
March 25, 2022                                      April 11, 2022
                                                                                                        Jennifer King
9:00 a.m. – 4:30 p.m. ET                            9:00 a.m. – 4:30 p.m. ET
                                                                                                        Gowling WLG LLP
Crises and the Law: Identification                  Emergency Legislation and
                                                                                                        Associate Professor Jocelyn Stacey
and Response                                        Regulation in Canada
                                                                                                        Associate Dean, Graduate Studies
                                                                                                        and Professional Programs,
The pandemic has highlighted the need               Understanding and Working with the                  Peter A. Allard School of Law,
for legal practitioners to be prepared and          Regulatory Framework                                University of British Columbia
“emergency ready”. The first step in being fully    • Examination of emergency statutory powers
prepared is understanding what constitutes            in Canada                                         Lori Stoltz
an emergency and what are the unique                                                                    Morris + Stoltz + Evans LLP
                                                    • Detailed overview of the federal Emergencies
challenges that come with it. In this opening         Act and other federal emergency legislation
module, you will obtain a comprehensive               (the Quarantine Act, the Aeronautics Act, etc.)
overview of emergencies and their legal                                                                 MODULE 3
                                                    • The key commonalities and differences
impact along with a first look at how to              between provincial emergency regimes
                                                                                                        April 29, 2022
effectively respond when confronted with            • The role of, and interrelations between,
these complex situations.
                                                                                                        9:00 a.m. 4:30 p.m. ET
                                                      municipalities, band councils, provinces,
                                                      and the federal government in emergencies         Emergency Management and the
Overview                                              (as well as the powers and restrictions placed    Public Law Framework: The Impact
• What does the law classify as an emergency?         on them)                                          of Constitutional, Administrative
  How does it differ within various areas of law?
                                                                                                        and International Law
• What are the different types of emergencies?      You will also hear from Associate Prof.
  (man‑made vs. widespread, local vs. more          Jocelyn Stacey on research with the Tsilhqot’in
                                                                                            >

  widespread, public order, public welfare, etc.)                                                       Constitutional Law
                                                    Nation — an Indigenous Nation comprised of
• What particular problems does an emergency        six reserve communities spread throughout           • Charter of Rights and Freedoms
  pose for legal regulation?                        a large traditional territory in west-central        ‑ Emergency limitations in relation to rights
• What is the problem of exceptions?                British Columbia and the first and still only          protected under the Charter
• What are the different types of legal             First Nation in Canada with Aboriginal title         ‑ Section 1 analysis and its justification in an
  responses?                                        declared by the courts. Together Professor             emergency context
• Applicable lessons from past responses to         Stacey and the Nation have produced two             • Federalism (emergency power)
                                                    reports on Tsilhqot’in jurisdiction during
                                                                >

  emergencies in Canada and abroad                                                                      • Case scenarios: You will work through various
                                                    emergencies: The Fires Awakened Us (2019),            practical exercise to identify and discuss key
Responding to General Challenges                    on the 2017 BC wildfires, and Tsilhqot’in in          Charter issues as they relate to emergencies
                                                                                    >

• How to make decisions and plan under              the Time of COVID: Strengthening Tsilhqot’in
                                                                                        >

  conditions of radical uncertainty                                                                     Administrative Law
                                                    Ways to Protect our People (2021), on the
• How to obtain relevant and reliable                                                                   • Administrative tribunals and emergencies
                                                    first wave of the pandemic. These research
  empirical data                                    projects document the Nation’s distinctive          • Judicial review and what is reasonable in the
                                                    and culturally-informed approaches to                 face of an emergency
Faculty                                             emergency management response and
                                                                                                        Emergency Management through Ordinary
                                                    identify the ways in which the Canadian and
David Matyas                                                                                            Fields of the Law
                                                    BC governments — through law, legislation,
PhD Candidate, Faculty of Law,                                                                          • Emergency‑specific vs. emergency‑sensitive
                                                    and on-the-ground service delivery — fall             legal issue in areas such as:
University of Cambridge
                                                    short in recognizing and supporting these
Professor François Tanguay‑Renaud                                                                        ‑ Criminal law
                                                    approaches.
Osgoode Hall Law School, York University                                                                 ‑ Environmental law
                                                                                                         ‑ Health & safety law
                                                    Faculty
                                                                                                        The Public International Law Framework
                                                    Eric Block
                                                                                                        • Salient features of international emergency
                                                    McCarthy Tétrault LLP
                                                                                                          regimes and their relation to the domestic
legal framework                                   • Liability of the Crown (immunities)                to governments during an emergency
 ‑ General review of international disaster                                                            • How to respond to the challenges presented
                                                   Labour and Employment Law
   law and its implications for Canadian law                                                             by vague and/or fast‑evolving governmental
   and governance                                  • Force majeure                                       guidance (and how to advise your clients
 ‑ The World Health Organization – an example      • Frustration                                         accordingly)
   of a specific international institution         • Financial exigencies clauses in collective
   developed to manage a specific type                                                                 Information and Disinformation
                                                     agreements
   of emergency – and its implications for                                                             • Best practices for managing the flow
   Canadian law/governance                         • Constructive dismissal and temporary lay‑offs       of information from different sources
                                                                                                         (government, individuals, media, international,
• Emergency derogations from international         Insurance Law and Risk Management                     organizations, etc.)
  obligations (e.g. human rights treaties,
                                                   • The practical challenges of complying with
  WTO treaty)                                                                                          • How to determine whether information is
                                                     policy terms during an emergency
                                                                                                         relevant/applicable and how to communicate
                                                   • Governmental subsidies in times of crises and
Faculty                                              how they interact with insurance
                                                                                                         with your client accordingly
                                                                                                       • How to address the problems caused by the
David Matyas                                       • What now needs to be insured (and how) as           spread of disinformation (e.g. through social
PhD Candidate, Faculty of Law,                       well as the legal terms that should be in place     media) and how they can impact the way you
University of Cambridge                                                                                  advise your client
                                                   PLUS: Analysis of the implications in
Daniel Sheppard                                                                                        Managing Your Practice in an Emergency
Goldblatt Partners LLP                             bankruptcy, corporate law and governance
                                                                                                       • Strategies for managing your practice with
                                                   contexts.
                                                                                                         a focus on knowing when/how to pivot into
Associate Professor Jocelyn Stacey
                                                                                                         emergency advising
Associate Dean, Graduate Studies
and Professional Programs,                         Faculty                                             • The overall role of technology in responding to
                                                                                                         emergencies and how it can be used to help
Peter A. Allard School of Law,
                                                   Meghan Bridges                                        advise your clients
University of British Columbia
                                                   McCarthy Tétrault LLP                               • How to structure your organization or firm
Brendan Van Niejenhuis                                                                                   to ensure that it is fully prepared for the
                                                   Simon Cameron
Stockwoods LLP                                                                                           next emergency; the benefits of having a
                                                   Osler Hoskin & Harcourt LLP
                                                                                                         permanent task force
                                                   Natasha MacParland
MODULE 4
                                                   Davies Ward Phillips & Vineberg LLP                 Faculty
May 4, 2022                                        Gord McGuire                                        James Buchan
9:00 a.m. – 4:30 p.m. ET                           Adair Goldblatt Bieber LLP                          Gowling WLG LLP
Private Law Tools for Emergency                                                                        Sanjay Khanna
Response                                           MODULE 5                                            Strategic Advisor and Foresight Expert,
                                                                                                       NOW Partners
This module will take a deep dive into             May 11, 2022                                        Ewa Krajewska
how private law is equipped to respond to          9:00 a.m. – 4:30 p.m. ET                            Borden Ladner Gervais LLP
emergencies. You’ll receive practical insights
and strategies from experts in each area of law
                                                   Crisis Advising: Government
                                                                                                       Philippe-André Rodriguez
as they address the key issues that you need       Relations, Communications and                       Deputy Director, Centre for International Digital
to know.                                           Other Strategic Responses                           Policy, Global Affairs Canada

Contract Law                                                                                           Professor François Tanguay‑Renaud
                                                   Government Relations
• Force majeure                                                                                        Osgoode Hall Law School, York University
                                                   • Relationships with governments during an
• Frustration                                        emergency (their importance and how to
                                                     manage them)
Torts                                                                                                  Register today at:
                                                   • How to overcome the obstacles brought on
• Strict liability vs. negligence and other more
  emergency sensitive torts
                                                     by an emergency when trying to be heard by
                                                     governments on behalf of your clients             osgoodepd.ca/
• Standard of negligence for corporations in
  emergencies
                                                   • The specific soft skills needed when advocating   emergencylaw
Registration Details
Fee per Delegate: $3,295 + TAX
Individual Module: $695 + TAX
Newly Licensed*: 50% off regular rate
*This fee applies to newly licensed professionals within the past 2 years

Fees include online attendance, electronic materials, 120‑day access to
the recorded sessions and technical support. Group discounts are available.
Visit www.osgoodepd.ca/group‑discounts for details. Please inquire about
financial assistance.

Financial Assistance
This program is eligible for OSAP funding. Federal and provincial job grants
may be available. You may also apply for financial assistance with OsgoodePD.
                                                                                        Certificate
To learn more, visit: www.osgoodepd.ca/financial-assistance
                                                                                        of Program
Program Changes
We will make every effort to present the program as advertised, but it may              Completion
be necessary to change the date, location, speakers or content with little or
no notice. In the event of program cancellation, York University’s and Osgoode          You will receive the Osgoode
Hall Law School’s liability is limited to reimbursement of paid fees.                   Certificate upon completion
Cancellations and Substitutions                                                         of The Osgoode Certificate
Substitution of registrants is permitted at any time. If you are unable to find         in The Law of Emergencies.
a substitute, a full refund is available if a cancellation request is received in       Participants must attend all
writing 21 days prior to the program date. If a cancellation request is made            program modules (whether
with less than 21 days notice, a $150 administration fee will apply. No other
                                                                                        live and/or by program archive)
refund is available.
                                                                                        and successfully complete the
For Further Program–Related Information, Please Contact:                                multiple choice assessment to
Stéphane McRoberts, Program Lawyer at 647.999.5723
                                                                                        receive the certificate within
or email smcroberts@osgoode.yorku.ca
                                                                                        30 days of the date of the
                                                                                        last module.
4 Convenient Ways to Register
				Register today at:
				osgoodepd.ca/emergencylaw
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Reserve your place now to take advantage of this unique learning
opportunity and fulfill all of your LSO CPD requirements for 2022.

                  OsgoodePD has been approved as an Accredited Provider of
                  Professionalism Content by the LSO.

                  Eligible CPD Hours – LSO (ON): 32h 30m (28h 30m Substantive;
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                  please contact cpd@osgoode.yorku.ca.
                                                                                           © Osgoode Professional Development, 2021
THE OSGOODE CERTIFICATE IN                       PROGRAM DIRECTOR
  THE LAW OF                                       Prof. François Tanguay‑Renaud
                                                   Osgoode Hall Law School

  EMERGENCIES:                                     York University

  Practical Strategies in Disaster Preparedness,   REGISTER TODAY AT:
  Management and Recovery
                                                   osgoodepd.ca/
  March 25, April 11 & 29, and May 4 & 11, 2022    emergencylaw
  Online, Live

  Single day registration also available

The Osgoode Certificate in
The Law of
Emergencies
Register today at:
osgoodepd.ca/
emergencylaw
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