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Proactive Support to Self-Represented Parties

Proactive Support to Self-Represented Parties. November 3, 2016 Warren Robertson. Employment History. Senior Legal Worker – Workplace Safety & Insurance Appeals Tribunal (WSIAT) Managed Inactive Cases – which included cases places inactive due to no representation

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Proactive Support to Self-Represented Parties

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  1. Proactive Support to Self-Represented Parties November 3, 2016 Warren Robertson

  2. Employment History • Senior Legal Worker – Workplace Safety & Insurance Appeals Tribunal (WSIAT) • Managed Inactive Cases – which included cases places inactive due to no representation • Human Rights Tribunal – Transition project • Appox. 2000 Applications – Representation not provided by HRLSC • Human Rights Tribunal – Assistant Registrar • Managing Case Processing Officers & Reception

  3. SJTO Core - Value • We will strive to enhance full and informed participation of parties in the process, whether or not they have legal representation. • Our processes, procedures and policies will be clear, understandable and consistently applied.

  4. HRTOStats - Applications Received • The following chart reports on Applications received and Representation.

  5. Statistics Mediations • The following chart reports on representation at mediations.

  6. Statistics Hearings • The following chart reports representation at hearings.

  7. Initial Applications – Self-Rep • Disorganized materials • Illegible Applications • Incomplete Applications – 40 to 50 percent of Applications received • How the Respondent discriminated against the Applicant • How is the discrimination connected to the Human Rights Code • Respondents correct legal name not provided • Incorrect legal name – operating as another name • Franchise vs Franchisee • Unnecessary individuals named that were acting in the course of their employment

  8. HRTO – Initial Application Solutions • PDF Smartform • Electronic form – paper copy only on request • Required fields when completing electronically • Comprehensive Questions in the Application to understand the events, background and discrimination • Practice Directions and Guides • Application & Respondent Guide – hyperlinks • 17 Practice Directions

  9. HRTO – Initial Application Solutions continued… • Directing Parties to Self-help materials • HRLSC • Naming the Respondents including corporate search • Narrative - setting out all of the facts • Remedies – types of remedies available to Applicant • Caselaw – link to CanLii • Previous decisions of the HRTO - outcomes

  10. Telephone calls during Processing • Extremely important • Make sure party understands the process – highlight the responsibility of being self-represented • Explain the parts of the process – Processing of the Application, Mediations & Hearings • Explain resources available: • OHRC Policies, Brochures, Factsheets & Guides available • HRLSC – Self help resources online or printed copy upon request • Send email with links to resources • AutoText in Outlook with standard responses with links.

  11. Prior to Mediation • Vice-Chair / Mediator contacting parties that did not agree to mediation • No option on Application or Response form for not agreeing to mediation • Graphic Guide to Mediation • 23 Page - Guide with pictures and explanations • HRLSC • Q & As about Mediation • Guide to Preparing for Mediation • Sample Settlement Agreements

  12. Graphic Guide to Mediation

  13. At the end of Mediation • Mediator discusses Hearing Process • Number of Witness • Number of days required for the Hearing • Preliminary issues to be addressed prior to the hearing • Accommodation to participate in the hearing • Interpreters or any other accommodation needed? • Take the party into a empty hearing room • Invite questions on the hearing process

  14. Prior to Hearing • Detailed Notice of Hearing letter & Guide to Preparing • Responsibilities for preparation for the hearing • Plain language explanations • Case Assessment Directions • Detailed directions to parties that have failed to file their materials • View a hearing • Encourage self-represented party to watch another hearing

  15. Prior to the Hearing Continued • Self-help Materials • HRLSC • Proving discrimination • Witnesses including summonses • Guide to Preparing for a hearing – including disclosure process • Organize Materials in the their interest • Documents indexed – with tabs • Opening and Closing Statements – written out • Questions for witnesses

  16. At the Hearing • Ask questions about the process • Request Mediation / Adjudication • Take notes • Bring a support person • Active adjudication - to ensure full participation

  17. Conclusion • Engage self represented parties in conversation • Provide materials to the party • Ensure the party understands their role and responsibilities as a self-represented party

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