Will the judge help me if I do not have a lawyer?
Short answer
In Quebec, the judge must give you certain explanations about the process and provide general guidance where needed, but cannot act as your lawyer, advise you, make your case for you, question witnesses in your place, or lighten your burden of proof (Government of Quebec).
In detail
The Government of Quebec's official page on self-representation is explicit about both sides. On one hand, you are entitled to a fair trial and the judge must make sure that the other party, if represented, does not take advantage of your situation; the judge has a duty to assist you. On the other, the judge cannot represent you, prove your case, question witnesses for you, or instruct you on the applicable rules of law.
In Small Claims, the law goes further. Article 560 of the Code of Civil Procedure provides that at the hearing “the court briefly explains to the parties the rules of evidence it is bound to follow and the procedure it considers appropriate”, that the court itself conducts the examinations, and that it “gives each party fair and impartial assistance”.
The Tribunal administratif du logement (TAL, Quebec's rental board) describes the same limit: the Tribunal gives each party fair and impartial assistance, but “cannot give advice or play the role a lawyer would play for a party”.
What to document
A chronological outline of what you will tell the judge, each fact tied to its exhibit, and your exhibits filed in the order of your outline. The judge will let you speak; it is up to you to be clear the first time.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Representing yourself in court (Government of Quebec)
- Code of Civil Procedure, art. 560 (Légis Québec)
- How a hearing unfolds (Tribunal administratif du logement)
Related questions
- Can the court clerk give me advice?
- Where can I find free or low-cost legal help in Quebec?
- Do I have to send a formal notice before suing?
- What should I write in a formal notice and how do I send it?
- How much does it cost to file a small claims application?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.