Simon's Legal Resources

Presentation

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COMMENT

Most of you will think of this subject as 'self-representation', but I find that term offensive for the misrepresentation that it perpetuates about the reality of our legal system. As a concept, 'representation' is one of proxy - ie. conventionally the lawyer 're-presents' the litigant. So what's a 'self-representing litigant'? - a person who has to pretend he's their own proxy?? This is redundant nonsense - they are people asserting their own direct rights in a democracy, unencumbered by a profession that has to a large extent failed them and systems that have grown up like a weed about what could have been a thorough-going democratic vision. People are simply 'parties' to litigation, and parties present their cases before courts or administrative tribunals. Thus - lawyers and paralegals re-present their clients' cases, and parties present their cases - ergo, this topic is "presentation" (though I may on occasion use the term 'self-presentation').

Many, many parties cannot afford lawyers - and even more dismiss the possibility of using the law to their advantage as an impossible dream. I for one think that it's past time for a fundamental change in our legal systems: see Democracy, Law and Duty.

I've tried to select and allocate these case-extracts from the perspective of a self-presenting party. The interaction of the courts and tribunals with unrepresented parties has been a challenge for all concerned, and hopefully these extracts will give presenters some idea of what they may be facing in either civil or administrative litigation.

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COURT RESOURCES FOR SELF-PRESENTERS

Presentation Cases - Use of Court-Prepared Materials by Presenters

Criminal
A Guide for Self-Represented Accused in Criminal Cases

Divisional Court
Guide to Appeals in Divisional Court
Guide to Judicial Review in Divisional Court

Court of Appeal
How to Proceed with a Civil Appeal
How to Proceed with a Motion for Leave to Appeal
Bringing and Responding to Motions in Civil and Family Appeals

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CASES

Presenters and The Court/Tribunal

Presentation - CJC's '2006 Statement of Principles on Self-Represented Litigants and Accused Persons' Presentation - Post-COVID Court Communication
Presentation - Judge/Adjudicator Duties to Presenters (+)
Presentation - Duties of Presenters
Presentation - Duties of Other Parties to Presenters
Presentation - Limits on Logistical Help
Presentation - Disability
Presentation - Frivolous and Vexatious

Cautionary Reading

Presentation - Understanding Appeals
Presentation - Kind Stories
Presentation - Brave Stories
Presentation - Sad Stories
Presentation - When Things Go Bad
Presentation - Politics
Presentation - 'Organized Pseudolegal Commercial Arguments'
Presentation - Valiant Adjudicator Efforts Cases
Presentation - Court-System Embarrassing Cases
Presentation - Court Staff Advice
Presentation - Procrustes Issues
Presentation - Legal Culture

Other

Presentation - Fresh Law
Presentation - Costs
Presentation - Criminal
Presentation - Mental Health
Presentation - Family
Presentation - Fresh Evidence

Presentation - Practice