Federal Court. Is the fact that an applicant is self-represented before the Tribunal a relevant circumstance which impacts the question of the fairness of the procedure adopted by the Tribunal?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Is the fact that an applicant is self-represented before the Tribunal a relevant circumstance which impacts the question of the fairness of the procedure adopted by the Tribunal?
Question 2: Can it be said that what the Tribunal must do to assist a self-represented litigant "depends on the litigant, the nature of the case, and the litigant’s intelligence and understanding of the case"?
The FCA answered those questions as follows:
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