A Guide to Representing Yourself - BC, Canada

There is no requirement that you must have a lawyer to represent you in court. While court proceedings can be complex and the rules may seem overwhelming, you are entitled to represent yourself. If you choose to act as your own representative in a court case, it is your responsibility to familiarize yourself with the relevant laws and the procedural rules. This includes understanding processes such as disclosing documents and handling common court matters like filing and responding to interim applications.

Sometimes individuals start their court case with the help of a lawyer but later decide to represent themselves. If you choose to take this step, it is important to inform both the other parties involved in the case and the court about this change. 

You may need to file specific documents, such as a notice of change in representation, to officially update the court and ensure that all communications and responsibilities are directed to you moving forward. Taking these steps helps to maintain transparency and ensures that the process continues smoothly.

You are responsible for understanding and following the court’s rules

If you are involved in a court case, you must follow the procedural rules set by the court. These rules outline everything from how to start your case and serve documents to how applications are made and how a trial is scheduled and conducted. They also specify the required forms and set deadlines for replying to claims or applications, filing documents, and exchanging information. 

Because these rules apply to everyone, failing to comply can result in serious consequences. It is your responsibility to learn which rules apply to your case. If you do not follow them, you could lose the right to respond to a claim or application, or lose the ability to present certain evidence during your hearing or trial.

You should learn the rules and laws that apply to your case

You will be expected to become familiar with the legal principles relevant to your case and to prepare and present it at your hearing or trial.

Learning the law that applies to your situation can be challenging, but you may gain an initial understanding by consulting a lawyer through pro bono programs, lawyer referral services, or a paid consultation. You may also qualify for legal representation from legal aid services. Even if you don’t have direct access to a lawyer, the rules of court and federal, provincial, and territorial laws are generally available online. Additionally, most university law libraries and some courthouse libraries are open to the public, although their hours may be limited.

You must treat court staff politely and courteously

Court staff are expected to be respectful toward you, and you should do the same. They must adhere to the rules of court and the court’s internal procedures, which may not align with your preferred approach or timeline. While this can be frustrating, keep in mind that they are obligated to carry out their duties in the prescribed manner. 

You must respect the judge and follow their directives

The judge is responsible for managing and making decisions in your case. You owe respect to the judge for their role, their specialized knowledge of the law, and their position in society. This includes standing when addressing the judge, refraining from interruptions, and using the correct formal title. 

The judge will issue orders and directions as needed to manage and resolve your case. You are required to comply. Failure to do so can lead to consequences such as contempt of court, where penalties may range from a fine or required community service to a jail term.

Professional Courtesy

You should expect to be treated with respect and courtesy by the other party’s lawyer. Lawyers in Canada are members of their province’s or territory’s law society, which enforces a code of conduct outlining the minimum standards of professional behaviour. These codes generally require lawyers to interact politely with unrepresented individuals, just as they would with another lawyer. Keep in mind that litigation can be emotionally charged, and the opposing lawyer’s primary responsibility is to advocate for their client, not for you. It’s important not to misinterpret their advocacy as rudeness or a personal attack.

Timely Response 

You have the right to expect reasonably prompt replies to your emails, letters, or phone calls to the other party’s lawyer. While this does not mean an immediate response, law societies’ codes of conduct generally require lawyers to respond within two to three weeks. In some cases, a lawyer may insist on communicating exclusively in writing. This practice is often adopted to ensure a clear record of all communications and to avoid misunderstandings. However, remember that the opposing lawyer is prohibited from offering you legal advice or answering legal questions, as their duty is solely to their client.

Honouring Commitments

Lawyers are expected to act in good faith and to follow through on promises made to you or the court. While unexpected changes can sometimes prevent a lawyer from fulfilling a commitment, their ethical duty requires them to avoid making promises they cannot keep. Special commitments, known as undertakings, carry significant weight. A lawyer who makes or accepts an undertaking is required to fulfill it, and breaches of undertakings are taken very seriously by law societies. 

Addressing Judicial Misconduct

If you believe the opposing lawyer has acted improperly, you have the right to file a complaint with their law society. Law societies regulate who can practice law and have the authority to discipline their members for breaches of conduct. Filing a complaint does not require hiring a lawyer, and no fees are charged for this process. By understanding these expectations, you can approach your interactions with opposing counsel with clarity and confidence, ensuring a more professional and productive experience.

Expect Respect & Courtesy

A judge’s responsibility is to manage and decide your case impartially. Fairness means carefully listening to you and avoiding any substantially different treatment between you and the opposing party or their lawyer. Because the judge must also balance the interests of the other party and other cases waiting to be heard, they may limit your time or pose specific questions designed to focus on the key legal issues. This is not intended as rudeness; rather, it is part of managing the courtroom process effectively.

Expect Basic Guidance on Court Procedures

Fairness also involves providing you with essential information about courtroom processes and timelines so you understand what rules must be followed. Although the judge cannot give you legal advice or tell you how to present your case, they will generally outline the basic procedures you need to follow. Depending on your situation, the judge may:

• Explain or clarify court processes and procedures;
• Verify that you understand these processes and procedures;
• Refer you to group or agencies that can help you get ready for your case; and
• Suggest organizations that might offer legal representation.

Keep in mind that you are responsible for learning and following the rules and procedures that apply to your case. The judge cannot provide assistance beyond basic procedural guidance.

Expect the Judge to Follow Court Rules & the Law

Court rules govern every step of your proceeding, and the judge must handle your case as required by those rules. The rules sometimes allow judges the flexibility to address unique circumstances in a fair manner. Additionally, judges must ensure that hearings and trials comply with relevant laws, including rules of evidence and legislation. You have an obligation to familiarize yourself with these rules and any laws that may affect your case.
 

Expect a Fair Hearing

The judge should hear your evidence, arguments, and any input from the opposing side without bias. While they may allow some flexibility if you are self-represented, the judge must still apply the law equally to both parties, whether or not you or the other side have legal counsel. Depending on the specifics of your situation, the judge might:

• Provide information about applicable laws and evidence rules;
• Modify the traditional order of presenting evidence or the hearing process; and
• Question witnesses.

Because the judge must also be fair to the other party, witnesses, and other cases awaiting their turn, they may need to limit the time you have to present your materials or arguments. This is done to manage the hearing efficiently and should not be mistaken as unfairness.

When a Judge Fails to Meet These Standards

Provincial court judges answer to their province’s Chief Judge, while superior court judges (Courts of Appeal, Supreme Courts, and Courts of Queen’s Bench) fall under the purview of the Canadian Judicial Council. Both these bodies set expectations for judges’ professional behaviour and how court proceedings are conducted.

If you believe a judge has acted inappropriately, you can file a complaint with the relevant oversight body (the Chief Judge or the Canadian Judicial Council). There are no fees for this, and you do not need to hire a lawyer to make the complaint.

However, dissatisfaction with the outcome of a hearing or trial alone is not grounds for a complaint. If you disagree with a judge’s decision, you usually have the right to appeal to a higher court or take other legal steps to challenge the result. 

Timely & Accurate Processing

You can expect your paperwork and requests to be handled accurately and within a reasonable timeframe. Court staff are employed by the provincial or territorial government, and their duties include receiving and processing new cases, applications, and other documents, as well as maintaining court files and assisting the public. They should treat you politely and handle your matters as efficiently as possible, given the circumstances.

Keep in mind that most courthouses are quite busy, which may result in lineups and delays. These wait times are often beyond the control of the staff.

Clear Information About Court Processes 

Court staff should provide clear instructions on the steps required for procedures such as starting a court action, filing applications, or reviewing a court record. In general, they may:

• Direct you to resources about laws, court rules, forms, and procedures; 
• Briefly explain and address basic questions about processes;
• Advise you on which court forms you might need to submit;
• Give you blank court forms or show you where to find them;
• Verify that your forms are complete;
• Explain how to schedule your case for a hearing or trial;
• Estimate when your matter could go before a judge.

However, court staff are not lawyers and therefore cannot offer legal advice or guidance on legal matters. Only qualified lawyers are permitted to give legal advice.

How Court Staff Cannot Help

Court staff are employees of the provincial or territorial government, managing the administration of the courts and supporting individuals involved in court proceedings. They do not work under the judges and do not hold judicial authority. As a result, they cannot:

• Provide legal advice;
• Tell you how to fill out forms or advise you on specific orders to request;
• Verify that your forms or documents are legally correct;
• Suggest what you should say in court;
• Predict the eventual outcome of your case;
• Interpret or enforce court orders;
• Alter an existing court order; or
• Arrange personal meetings with a judge outside a hearing or trial.

Understanding these limits will help you make the most of the assistance court staff can provide while seeking further legal guidance if needed.