What was special in 2021-22?
COVID-19 and the Tribunal
In March 2020, when the COVID-19 pandemic was declared in Canada, Tribunal members and secretariat staff had to adapt very quickly to an unprecedented situation. They continued their dedicated work largely remotely over fiscal year 2021-22. Secretariat staff quickly adopted technology that ensured the seamless continuation of operations remotely, namely Microsoft Teams and WebEx. These tools became staples in the Tribunal’s ability to continue to deliver services to Canadians. Many practices and procedures required adjustments, but the ongoing creativity and dedication of secretariat staff ensured the Tribunal succeeded in delivering on its mandates.
In 2021-22, in light of health and safety restrictions, all Tribunal hearings were conducted virtually.
E-filing and e-communications
The Tribunal’s E-registry pilot project was expanded this year to allow for better integration with the Tribunal’s case management system and to allow counsel to serve each other directly for limited disclosure and confidentiality checks. Secretariat staff held several training sessions to help stakeholders become more familiar with its electronic tools, particularly the E-registry.
In the context of the pandemic, the Tribunal accelerated its transition towards increased electronic communications. Previously, the Tribunal sent notices by mail to interested parties in trade remedy cases. Now, it notifies interested parties of its proceedings mainly by email—the plan is to expand this initiative in the coming year.
Outreach
The Tribunal’s Advisory Committee is composed of legal counsel and representatives, business association representatives and governmental officials. Its mandate is to assist the Chairperson and members in maintaining and enhancing the Tribunal’s global reputation of excellence by seeking recommendations related to its accessibility, transparency and fairness. It is co-chaired by the Chairperson of the Tribunal and a member of the Advisory Committee. Mr. Paul Conlin became co-chair of the Advisory Committee in November 2021, replacing Mr. Larry Herman who had ably acted as co-chair since 2016.
Members of the Tribunal met with the Advisory Committee three times during the fiscal year. Meetings were held in May, June and October and focused on how the Tribunal operates in a COVID-19 environment and on issues related to the conduct of virtual hearings. Discussions on ways to enhance confidentiality practices also took place. The Tribunal will continue working with the Advisory Committee to seek its stakeholders’ input on these issues and its ongoing efforts to enhance fairness and accessibility for all parties, especially for small- and medium-sized businesses.
The Tribunal also renewed its linkages with its global counterparts this year, which had been curtailed somewhat by the restrictions that the COVID-19 pandemic imposed on global travel. The Tribunal and its secretariat participated in bilateral meetings with Australia’s Anti-Dumping Commission and the United Kingdom’s Trade Remedies Authority. The Tribunal also participated in a virtual session of the multilateral Seoul International Forum on Trade Remedies in November 2021. Within Canada, the Tribunal and its secretariat strengthened their working relationship with the Office of the Procurement Ombudsman and participated in an information workshop for legal students held by the Council of Federal Tribunal Chairs.