The Lawyers Weekly - September 23, 2011

Self
Continued From Page 9

n;Leeway is allowed for a self-represented party, especially as it relates to procedural matters; n The court should provide some assistance to an unrepresented litigant, but this must be done in such a way as not to breach either the appearance or reality of judicial neutrality; n The judge cannot descend into the arena from the bench and advocate for the self-represented litigant; n;Because of the increase in the number of self-represented litigants in Canadian courts, in 2006 the Canadian Judicial Council adopted a “Statement of Principles on Self-represented Litigants and Accused Persons,” meant to be advisory in nature. The principles refer to an expectation that judges will do whatever is possible to provide a fair and impartial process and to prevent an unfair disadvantage to self-represented persons.

healthcare. But the same does not apply to those Ontarians requiring legal advice or representation. The practice of law has become very complex and time-consuming. Threats of malpractice claims, regulatory complaints, paper-intensive litigation and operating costs for a law practice has created a marketplace where the average billable rate for an Ontario lawyer is approximately $338 per hour, while minimum wage is $10.25 per hour.

According to the Chief Jus-
tice, “we have wonderful justice
for corporations and for the
wealthy. But the middle class
and the poor may not be able to
access our justice system.” She
admitted that the middle class
cannot hope to pay these legal
fees, leaving them to represent
themselves in court. This was
followed by her rhetorical ques-
tion: “How can there be public
confidence in a system of justice
that shuts people out…that does
not give them access?”
This problem requires
immediate systemic attention,
direct and forceful advocacy to
the federal and provincial gov-
ernments for more funding and
judicial resources and a public
relations campaign to educate
Ontarians on the necessity of
representation in the courts by
counsel. This issue is a large
scale, systemic problem that
needs all stakeholders to work in
collaboration. Government, law
schools, lawyers, legal aid plans,
private businesses, pro bono
organizations and the Law Soci-
ety of Upper Canada must all be
at the table to make Ontario the
model to the world for access to
justice and not maintain a two-
tier system for those that can
afford representation and those
that cannot. n

Steven Benmor is a Certified Specialist in Family Law and operates his own law practice in Toronto.

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“[W]e have wonderful justice for corporations and for the wealthy. But the middle class and the poor may not be able to access our justice system.

n Depending on the circumstances and nature of the case, the presiding judge may: (a) explain the process;

(b) inquire whether both parties understand the process and procedure;

(d) provide information about the law and evidentiary requirements;

(e) modify the traditional
order of taking evidence;
and
(f ) question witnesses.

On Feb. 10, Chief Justice
Beverley McLachlin spoke at
the University of Toronto as
part of the Access to Civil Jus-
tice for Middle Income Can-
adians Colloquium. She stated
that “the task of ensuring
access to justice falls to this
generation.”
In Ontario, every person is
entitled to public education and

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