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Ep.12: Facing the Courts Alone: The Realities of Self-Representation in Ontario
- 2024/08/26
- 再生時間: 1 時間 12 分
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サマリー
あらすじ・解説
In this episode, I take an in-depth look at the challenges faced by self-represented litigants (SRLs) in Ontario's court system. With rising legal costs and limited access to legal aid, more individuals are choosing to represent themselves, often without fully understanding the complexities and risks involved. I explore how this trend impacts not only the individuals but also the efficiency and fairness of the judicial process.
Through real-life cases like Ilaslan v. Poirier, expert insights from Dr. Julie Macfarlane, and a discussion of key legal principles, I uncover the harsh realities of self-representation. From the illusion of control to the critical importance of understanding procedural rules, this episode offers practical advice and sobering reflections for anyone considering this path. I also examine the role of judges in guiding SRLs and the potential consequences of missteps in the courtroom, highlighting the need for greater support and resources.
I am making these preliminary comments to reiterate what has been stated over and again by countless legal professionals, scholars, and judges from all levels of court over the course of too many years.[1] Our adversarial system, no matter how much effort we devote to making it user-friendly, is not suited for self-represented litigants. - Ilaslan v. Poirier
Whether you are a legal professional, an SRL, or simply interested in the legal system, this episode provides a thorough exploration of what it means to face the courts alone and the broader implications for access to justice in Ontario.
Guides for self-represented litigants via the Canadian Judicial Council:
- Civil Law Handbook
- Criminal Law Handbook
- Family Law Handbook
The duty of the Court to assist via R. v. Forrester, 2019 ONCA 255 (CanLII),