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Best Practices

Best Practices . Since the burden of dealing with unrepresented litigants falls most heavily on trial courts. Courts of appeal should be careful not to make this task even more difficult by being overly critical of attempts to assist the litigants and to move the process along .

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Best Practices

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  1. Best Practices • Since the burden of dealing with unrepresented litigants falls most heavily on trial courts. • Courts of appeal should be careful not to make this task even more difficult by being overly critical of attempts to assist the litigants and to move the process along. • There are 3 categories to explain the various forms of judicial assistance.: 1. REQUIRED JUDICIAL ASSISTANCE • Canadian judges (or hearing officers in administrative tribunals) are required to instruct the SRL about the basic format and rules of procedure he or she will need to follow. • Judges must take into consideration the fact that the litigant is unrepresented and take steps to prevent any undue prejudice. 2. PERMISSIBLE FORMS OF JUDICIAL ASSISTANCE • Interventions to clarify testimony, conduct witness questioning, prompt an SRL to provide testimony on a specific point or subject, or to elicit specific (or illustrative) evidence during cross examination is also permissible. 3. IMPERMISSIBLE FORMS OF JUDICIAL ASSISTANCE • Any assistance that amounts to advocacy for the SRL, or which results in overriding the rights of the represented party is impermissible.

  2. FINDING LEGAL HELP • Legal Line • Law Society of Upper Canada — Lawyer Referral Service • Legal Aid Ontario • Law Help Ontario • Community Legal Clinics • University Student Legal Clinics • METRAC: Metro Action Committee on Public Violence Against Women and Children • Family Transition Place • Ontario Human Rights Commission • Ombudsman Ontario • Other Libraries (local library or University Library) • Self-Counsel Press Publications

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