Supreme Court of Canada addressed the procedural fairness owed to self-represented litigants (SRLs)

[White Wolf]

In Pintea v. Johns (2017 SCC), the Supreme Court of Canada addressed the procedural fairness owed to self-represented litigants (SRLs). The Court emphasized that judges must ensure SRLs have a fair opportunity to present their case, even if they lack legal expertise. This case highlighted the importance of accommodating SRLs' potential procedural deficiencies while maintaining adherence to fundamental court rules.

Key Aspects of the Decision:
Procedural Fairness for SRLs:
The ruling underscored that while SRLs are not entitled to preferential treatment, they should not be penalized for minor or easily rectified errors that a lawyer might avoid.

Judicial Responsibility:
The Court stressed that judges have a responsibility to ensure SRLs understand their procedural options and to provide information when needed.

Not Formal Equality:
The decision rejected the idea that SRLs and lawyers are formally equal in court, acknowledging the challenges faced by those unfamiliar with legal procedures.

Active Courtroom Management:
Judges should actively manage cases involving SRLs, ensuring they have a fair chance to present their case without undue hindrance.

CJC Statement of Principles:
The Pintea v. Johns decision endorsed the Canadian Judicial Council (CJC) Statement of Principles on Self-Represented Litigants, which provides guidance on how to ensure fairness for SRLs.

Impact of the Decision:
Increased Awareness:
The Pintea case has raised awareness of the challenges faced by SRLs and the need for courts to adapt their approach.

Guidance for Courts:
The decision has provided guidance for courts on how to apply procedural fairness principles in cases involving SRLs, promoting access to justice.


The landmark Supreme Court of Canada case of Pintea v Johns came down in April 2017. The decision rejected the idea that SRLs and lawyers representing parties can be formally “equal”, recognizing the difficulties inevitably experienced by those with less knowledge and experience of the legal system, and exhorting courts to apply the CJC Statement of Principles on Self-Represented Litigants and Accused Persons to ensure that SRLs meaningfully participate in court processes. What has Pintea meant for decisions across the country involving SRLs in the last 18 months? Kaila Scarrow and Julie Macfarlane took a deep dive into the available data.

Interesting link:
https://representingyourselfcanada.com/ ... nt-report/

Read the full case yourself here:
https://www.canlii.org/en/ca/scc/doc/20 ... scc23.html

Canadian Judicial Council. Statement of Principles on Self-represented Litigants and Accused Persons, September 2006 (online: https://www.cjc-ccm.gc.ca/cmslib/genera ... _1_eng.pdf).