“In Pintea v. Johns, 2017 SCC 23, at para. 4, the Supreme Court of Canada unanimously endorsed the Principles on Self-Represented Litigants and Accused Persons (“the Principles”) published by the Canadian Judicial Council in 2006. See: Canadian Judicial Council, archived version: http://www.scc-csc.ca/cso-dce/2017SCC-CSC23_1_eng.pdf).
The Principles ensure that self-represented litigants are provided with fair and equal treatment in the courts. They require:
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- Fair access to justice – This requires all aspects of the court process to be, as much as possible, open, transparent, clearly defined, simple, convenient, and accommodating. Judges and court administrators should do whatever is possible to provide a fair and impartial process and prevent an unfair disadvantage to self-represented persons. (The Principles, page 2)
- Some leniency for minor deficiencies – Self-represented persons should not be denied relief on the basis of a minor or easily rectified deficiency in their case. (The Principles, page 4)
- Judges have a responsibility to inquire – Judges have a responsibility to inquire whether self-represented persons are aware of their procedural options, and to direct them to available information if they are not. Depending on the circumstances and nature of the case, judges may explain the relevant law in the case and its implications before the self-represented person makes critical choices. (The Principles, page 7)
- Rules should not be used to hinder – Judges should ensure that procedural and evidentiary rules are not used to unjustly hinder the legal interests of self-represented persons. (The Principles, page 7)
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In Girao v. Cunningham, 2020 ONCA 260, at para. 149, the Court of Appeal for Ontario reminded us that the Principles, as endorsed and outlined in Pintea, need to be followed throughout the entire proceeding. They affect how the self-represented litigant should be treated in the courtroom and require that the court be flexible (while ensuring impartiality) in terms of procedures and the admissibility of evidence when one party is self-represented.