Many people cannot afford a lawyer to represent them in court. This often happens in the small claims court and in family court but it also happens in criminal cases and in civil lawsuits. The court calls people representing themselves “self-represented litigants.” You may think that this is a recent phenomenon because of the high cost of litigation but courts have struggled with the issue of self-representation since Confederation when, for the first time, the signature of a lawyer was no longer required on a statement of claim.
Today, the courts have developed a set of guidelines to assist judges when they encounter self-represented litigants before them. One purpose of the guidelines is to promote equal justice between the parties when there is a self-represented litigant and a represented litigant. Thus, the presiding judge may explain the court process, inquire whether the self-represented litigant understands the process and the procedure, provide information about the law and evidentiary requirements, modify the traditional order of taking evidence, and question witnesses.
Another purpose of the guidelines is to promote rights of fair access to the court system for such litigants. For example, in view of the value of legal advice and legal representation in the court system, judges may refer these litigants to available sources of legal representation which they may not be aware of, such as representation through Legal Aid plans, pro bono assistance from lawyers, and legal aid clinics.
However, self-represented litigants must also be pro-active. They are expected to familiarize themselves with the relevant legal practices and procedures pertaining to their cases. They are expected to prepare their own cases and they are required to be respectful of the court process and the administrators within it. Judges and administrators have no obligation to assist them if they are disrespectful, abusive, or unreasonable in their demands.