OTTAWA, Dec. 12 /CNW Telbec/ - The Canadian Judicial Council issued a
statement of principles today on self-represented persons, to foster equal
access to justice and equal treatment under the law.
    Commenting on the principles, the Right Honourable Beverley McLachlin,
Chief Justice of Canada and Chairperson of the Council, said "Ensuring better
access to justice is a Council priority. The Council views the increasing
numbers of self-represented persons who appear in the court system as a
serious matter. These principles will assist key participants in the justice
system to ensure that self-represented persons are provided with fair access
and equal treatment in the courts".
    Publication of the Statement of Principles follows extensive work by a
committee of the Council chaired by the Honourable Marc Monnin, Chief Justice
of the Court of Queen's Bench of Manitoba. He praised the contributions of all
those who participated in the development of the document.
    Chief Justice Monnin pointed out that "the Principles are advisory in
nature and are not intended to be a code of conduct. However, judges and other
participants in the justice system have a responsibility to promote
opportunities for all persons to understand and meaningfully present their
case, whether or not they have legal representation."
    "After a detailed examination of the issue, the Committee concluded that
self-represented persons are generally uninformed about their rights and about
the consequences of the options they choose," said Chief Justice Monnin. "They
may find court procedures complex, confusing and intimidating and they often
do not have the knowledge or skills to participate actively and effectively in
their own litigation."
    "The guidelines underscore the need for better information and tools for
those who wish to represent themselves," added Monnin. "All parties to the
system have a role to play in promoting equal access to justice for everyone,
as well as for the timely and efficient administration of justice."
    The Council hopes that the Statement of Principles will be a useful tool
to foster better access to justice for Canadians.
    The Canadian Judicial Council is composed of the chief justices and
associate chief justices of Canada's superior courts. The Council's web site
address is http://www.cjc-ccm.gc.ca


    Media Backgrounder

    The CJC Statement of Principles (Highlights)
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    <<
    A. To promote rights of access:
           - Access to justice for those who represent themselves requires
             that all aspects of the court process be open, transparent,
             clearly defined, simple, convenient and accommodating.
           - The court process should, to the extent possible, be
             supplemented by processes including case management, alternative
             dispute resolution (ADR) procedures, and informal settlement
             conferences presided over by a judge.
           - Information, assistance and self-help support, self-represented
             persons should be made available through the normal means of
             information, including pamphlets, telephone and courthouse
             inquiries, legal clinics and internet searches.
           - All self-represented parties should be:
                 i.   Informed of the potential consequences and
                      responsibilities of proceeding without a lawyer;
                 ii.  Referred to available sources of representation,
                      including those available from Legal Aid, pro bono
                      assistance and community and other services;
                 iii. Referred to other appropriate sources of information,
                      education, advice and assistance.


    B. To promote equal justice
           - 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.
           - Self-represented persons should not be denied relief on the
             basis of a minor or easily rectified deficiency in their case.
           - Where appropriate, a judge should consider engaging in such case
             management activities as are required to protect the rights and
             interests of self-represented persons. Such case management
             should begin as early in the court process as possible.
           - Depending on the circumstances and nature of the case, the
             presiding judge may:
                 i.   may explain the process;
                 ii.  inquire whether both parties understand the process and
                      the procedure;
                 iii. make referrals to agencies able to assist the litigant
                      in the preparation of the case;
                 iv.  provide information about the law and evidentiary
                      requirements;
                 v.   modify the traditional order of taking evidence; and
                 vi.  question witnesses.


    C. Responsibilities of the participants in the justice system - both
       justices and court administrators
           - Judges and court administrators should meet the needs of
             self-represented persons for information, referral, simplicity
             and assistance.
           - Forms, rules and procedures should be developed which are
             understandable to and easily accessed by self-represented
             persons.
           - To the extent possible, judges and court administrators should
             develop packages for self-represented persons and standardized
             court forms.
           - Judges and court administrators have no obligation to assist a
             self-represented person who is disrespectful, frivolous,
             unreasonable, vexatious, abusive, or making no reasonable effort
             to prepare their own case.
    >>

    For the full document please see: http://www.cjc-ccm.gc.ca

For further information: Norman Sabourin, Executive Director and General
Counsel, (613) 288-1566, extension 301