We hear all too often from self-represented litigants who are also persons with disabilities (PWDs) – these litigants are forced to deal with the “double-whammy” of navigating the justice system alone, while simultaneously facing the physical and systemic barriers that PWDs deal with on a daily basis.
This primer, “Navigating the Justice System: A Guide for Self-Represented Litigants with Disabilities” is designed for people seeking justice system accommodations for a recognized disability, either physical or cognitive. The Primer is meant to be a practical legal guide to accommodation requests. This resource includes (often hard-to-find) sources for accommodation information, and registering complaints about failures to accommodate, in every province and territory (including email addresses, phone numbers, and web addresses).”
Son has Fetal alcohol Spectrum disorder and has been charged with DUI. Looking for legal advice
Can a McKenzie Friend stand in to speak on behalf of a self representing litigant in civil court in Alberta? Can they question witnesses for the litigant?
Hello Rennie, I think you’ll find your questions answered in our McKenzie Friend primer.
Hello I need legal support and am dealing with a severely corrupt system and interference from the Respondent. They have tampered with my doctors, blocked me from accessing any legal support, and now the forensic investigator I hired to prove that a dismissal was illegally orchestrated. As my complaint was recently dismissed with out my knowledge. I was stupid and told them I was having the emails in question examined. And it did prove what I was sent was not forwarded from the original communications on the dates in question. The case manager states in the email that it was forwarded from an original communication 🤔 So I was not informed and the dismissal was illegally orchestrated! There are 4 emails in total that the Tribunal claims this so if one is lied about it is safe to say they are not forwarded from an original communication. The guy I hired has been contacted by the respondents lawyer as he suggested that I ask the tribunal to forward the original email to him🙄 so he may verify it. Ya ok🤦🏻♂️ So he is now sending me emails with no information as o the sender or recipient with a file that cannot be accessed… I know what has happened here. So I have evidence of interference and bribery because people don’t do stuff like this for free. And I can challenge his payment with my bank as he did complete his task he was paid for. And I can find another investigator to look at the questionable email he sent and confirm reasonably that he has been interfered with… I’m going to judicial review and would some support
I am also disabled and the Tribunal has been trying to deem me medically incapable for some time now. And has had the Ombudsperson lie in support of that argument. They lied about the dismissal it never happened. What happened is I dropped my last evidence disclosure and they freaked. The next day May 26 2022 I a was sent an email stating my complaint was dismissed on May 13 2022. I cannot access any legal services due to interference my forensics investigator is now refusing to send me a report. And has attempted to avoid giving a verification to give the Respondent an argument. It was weak though and I’ve dismantled it, but this had been a nightmare I’ve lost my doctors to collusion as a critical care patient. I’ve had to dodge all sorts of attempts to dismiss illegally, been unfairly sanctioned for being disabled, and their argument in Judicial Review is that I’m medically incapable of diligently pursuing my complaint 3 weeks before a hearing was scheduled. After a 3.5 year proceeding. I have multiple lies and a cover up documented by everyone involved. I need to be able to find some sort of support if possible. This has been detrimental to my delicate health situation as I am at risk of death
Hello, I’m so sorry, this sounds like a terrible situation. Unfortunately, we can’t provide legal support – we’re a small research organization, not a legal clinic. But you might be able to find some reasonably priced legal assistance from someone in our Directory: https://representingyourselfcanada.com/directory/ I’m very sorry we can’t do more to assist you.
The duty to accommodate is not a free standing obligation. It has to fall in one of the five social areas set out in legislations and the Human Rights Codes. Therefore an unrepresented disabled litigant will not be accommodated by a lawyer, the opposing party or to a judge as they are not providing service to the public at large. So how can an unrepresented disabled litigant can participate at least in a fair manner in the process as equality is excluded?
Respectfully you are incorrect.
Accommodation is not just limited to human rights legislation and in s. 15 of the charter there are more than the 5 status. For example one could argue on appeal an SRL was treated contrary to s. 15 of the Charter based on stereotype and/or stigma.
Court “Services” are services under the human rights legislation.
First, the Supreme Court of Canada stated that the Charter applies to common law, which is decisions made by judges.
Second the Human Rights Code must be followed by judges and yes including lawyers and paralegals in accordance with the rules of their law society.
Can you share the case law supporting the points you are making?
Do you have any case law precedents supporting to support this? Very interested in what you wrote and would like to learn more about this whole area.
Hi Paul,
While I agree with you, and what you say sounds good – Wondering if you might be aware that adjudicators, lawyers, crown lawyers, etc, are, and have been incentivized by insurers such as LawPro (google “difficult people”)?
The CJC / OJC have both ignored / undermined the issue (I have notified them).
Who do you feel enforces Charter / Code / etc provisions when adjudicators ignore / undermine them?
I have a mental disability (bipolar disorder with psychotic episodes) this is why I am in court in the first place because instead of dealing with me as a person with a disability, the police brutalized me and triggered me off then they slammed these criminal charges on me and crown wants my licence suspended for a year for failed breathalyzer test. I am appalled and no one understands that I have a disability. It is invisible but very very well documented and I have been on (various and sundry) meds for 4 years. Any ideas ?
Crown / Adjudicators are incentivized by lawpro and other insurers to do the sorts of things you’re describing, without accountability.
I’d wonder if asking lawpro / lso / flsc / cjc / ojc / the gov, and others – to address this issue – could offer any meaningful support or solutions?
Hi Lwyer
I am doing application Supreme of Court, and first one will do form 25 , so I do not know how to write form 25 : AND FURTHER TAKE NOTES that this application for leave is made on the following grounds.
Clearly number each proud. (What content I should be writing)
Thank you so much
S.Xue
Hello, unfortunately we’re not able to guide you here, but Pro Bono Ontario does have a program in which they try to assist eligible self-represented litigants with applications to the Supreme Court: https://www.probonoontario.org/scc-csc/
I contacted Pro Bono with an appeal situation and was told that it was a one time assistance service. I wish they had told me that before we started the conversation. They told me at end telling me that I can’t call them. Had they told me at the onset I would have waited until after writing my factum to call them for assistance. Thought that was very shady.