1 Proactive Support to Self-Represented PartiesNovember 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 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 HRTO Stats - Applications ReceivedThe following chart reports on Applications received and Representation. Application Received 3,259 3,357 Applicants Represented Applicants Self-represented Percent Self-represented 815 2,444 74.99% 920 2,437 72.59%
5 Statistics MediationsThe following chart reports on representation at mediations. Mediations held 1,459 Applicant representation Lawyer / paralegal HRLSC Other Self-represented No Show 32% 30% 3% 35% 5% Respondent representation 86% 1% 13% 2%
6 Statistics Hearings The following chart reports representation at hearings. Hearings Applicant representation Lawyer / paralegal HRLSC Other Self-represented No Show 28% 12% 4% 48% 8% Respondent representation 86% 2% 9% 3%
7 Initial Applications – Self-RepDisorganized 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 SolutionsPDF 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 ProcessingExtremely 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 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 ProcessNumber 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 ContinuedSelf-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 processRequest Mediation / Adjudication Take notes Bring a support person Active adjudication - to ensure full participation
17 Conclusion Engage self represented parties in conversationProvide materials to the party Ensure the party understands their role and responsibilities as a self-represented party