Representing Yourself in Canada’s Legal System

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Every day, thousands of people walk through the doors of the courthouse. Some are accompanied by a lawyer; others must navigate a complex system on their own without any legal training. But what does it actually mean to have to defend your rights alone in court? 

Generally speaking, in my situation, I would have preferred to avoid going through this whole process, since I know it’s complicated. There isn’t really anyone I can turn to for help. I don’t know where to look for information, and in my situation, it’s a bit more difficult financially. So, I can’t afford to pay for the professionals I’d need for this. It was really the people around me who pushed me to see it through to the end. Well, right now, I’m at the stage of sending formal notices, and honestly, I didn’t know how to write them, and I didn’t know if I should have them served by a bailiff or send them by certified mail. So, it was a bit hard to do. I had to ask for help from the people around me. And even then, I’m not sure if I followed the right steps. 

The best advice I can give to someone representing themselves is to write a chronological account of their story. Sometimes the problem we’re facing is one we’ve been dealing with for 2, 3, 4, or 5 years—so we know it inside and out. But the judge who will hear the case doesn’t know the story. So, you need to present a chronological account—when did the problem start? What happened next? These could be events that occurred or exchanges between the parties involved. It could also be email exchanges, text messages, or other events. And if there are emails or text messages, I’ll print them out and put them in a binder so that the chronological account is well-documented. Once at the hearing, we can’t be criticized for missing documents. Everything is there. 

Another element that should not be overlooked is whether a contract was also involved. I would include it in the chronological account. Then, once the complaint has been filed, all these documents must be served to the other party. The court clerk’s office will remind you of this requirement, but it’s important to meet the deadlines set by the clerk’s office.   

  

And the advantage of structuring your account in chronological order is that it lends much more credibility to the party. When called to testify, they can refer very specifically to their own notes. Not only does their testimony align with the facts, but it is also supported by physical evidence. This greatly enhances the credibility of the opposing party, and it also helps when the other side makes claims about a particular event that occurred—you can refer to your timeline to verify what actually happened. This timeline also saves you a lot of time if you want to seek a lawyer’s advice on the case. 

Among the resources available to assist litigants, don’t overlook the community justice centers located in various judicial districts. Often, law school graduates work at these organizations. They can provide information and effectively guide individuals involved in legal proceedings. You can find several relevant resources, particularly on the Educaloi website. But one resource that should not be overlooked is the Bar School’s Clinique juridique. All you need to do is send your contact information to the clinic along with a summary of your case, and the clinic will assign you a team of two students whom you will meet. These students are supervised by a lawyer and will be able to help you draft your legal documents, advise you on how to present your case, or identify the strongest arguments in your case.  

Access to justice is a fundamental principle of the rule of law, but as this story illustrates, it remains difficult for many citizens to exercise. Even though resources exist, navigating the legal system alone requires time, understanding, and perseverance. For many, like this litigant, asserting one’s rights becomes a real challenge. 

Having to defend one’s rights alone in court can be a daunting process. In this visual post, a litigant involved in a civil litigation testifies to her experience.

Her journey to justice has been fraught with obstacles, and uncertainty still hangs over the next steps in their trial.

Vincent Caron, a full professor in the Civil Law Section at the University of Ottawa, also shares his essential tips for navigating the Canadian legal system alone.

Prof. Caron focuses on:

  • The chronological account of events
  • The documentation of exchanges and contracts
  • Compliance with deadlines
  • Accessible local resources

This video was produced by Tayssir Ahmed, Edwine Pierre Paul and Soukeyna Ndao as part of the course Visual Advocacy / Law and Film of the Civil Law Section at the University of Ottawa.

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