Self-represented litigants present a host of challenges to some of the core assumptions of the legal system. Here are three of the most significant issues.Access to JusticeThe right to a fair trial is a principle of fundamental justice in Canada. If the unrepresented litigant is a lay … [Read more...]
Representing Yourself at the Tax Court
The Tax Court of Canada has gone to some lengths to make information available for self-represented taxpayers who want to appeal a tax decision. The website of the Court prominently displays a tab for Self-represented litigants. Under the tab there is a wealth of information about forms, … [Read more...]
The Law of Costs and the Cost of Law
IntroductionEquality is one of the most important underpinnings of law and justice. This encompasses equal access to the law. Numerous initiatives ease the difficult and expensive engagement with law that most citizens encounter. These measures include free public legal databases, pro bono … [Read more...]
Your Self-Representation Road Map: Five Steps to Success (And 5 Mistakes to Avoid)
As a lawyer, I’ve been to court hundreds of times. And I’ve coached hundreds of self-represented litigants on how to go to court on their own. Here are some steps to consider. Remember, these are general guidelines and you should always check the rules of court and seek legal advice in your own … [Read more...]
Hurdles for Self-Represented Litigants in Small Claims Court
The rules and processes at Small Claims Court were designed to be simple and flexible, so that everyday people could have their disputes resolved without hiring lawyers or paralegals. However, the reality is that many self-represented litigants continue to face significant hurdles in accessing the … [Read more...]
Self-Represented Parties at the Alberta Appeals Commission for Worker’s Compensation
The Alberta Appeals Commission for Worker’s Compensation is a tribunal that hears appeals from decisions made by the Worker’s Compensation Board (WCB). In Alberta the scheme for worker’s compensation is governed by the terms of the Worker’s Compensation Act RSA c. W- 15 and WCB policies that amplify … [Read more...]
Medical Assistance in Dying: From Rodriguez to Bill-C14
Medical assistance in dying (MAID) involves intentionally ending one’s life with the assistance of a medical doctor. For some individuals, especially those suffering from terminal illnesses, choosing when to die could be very important: for example, persons could choose to end life with dignity, … [Read more...]
Medical Assistance in Dying: An Enormous Change in Canadian Social Policy
Now, the focus will shift to the provinces.On June 17, 2016, Canada passed Bill C-14, An Act to Amend the Criminal Code, to enable citizens to access medical assistance in dying. Canada now joins a small group of countries and U.S. states that give their citizens such an option. It came about … [Read more...]
Critiques of Assisted Suicide
A terminal illness is any disease that curtails life even for a day.- Jack Kevorkian, National Press Club in 1992 Introduction The Carter decision of the Supreme Court of Canada appears to have been generally well received by most Canadians. Yet the decision and new implementing legislation … [Read more...]
Global Perspective: A cross-jurisdictional look at medical assistance in dying
On February 6th 2015, the Supreme Court of Canada delivered the landmark decision of Carter v Canada (Attorney General) 2015 SCC 5, [2015] 1 SCR 331. The Court unanimously ruled to overturn the legal ban on medical assistance in dying in Canada. The Court declared that sections 14 and 241 of the … [Read more...]
