Scheuneman v. Canada

Scheuneman v. Canada

The plaintiff's request to avoid an in-person pre-trial conference and to obtain a written-only hearing was denied; absent any evidentiary record he cannot preempt the defendant's right to call witnesses or obtain declarations invalidating legislation; the plaintiff is incapable of carrying the matter forward pro se and is directed to appoint a solicitor by March 3, 2003, whose duty it is to file a pre-trial memorandum within 21 days of appointment or bring further motions on his behalf.

Citation
2003 FCT 37
Parties
Plaintiff: Eric Scheuneman; Defendant: Her Majesty the Queen (Human Resources Development Canada)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 January 2003
Procedural Posture
Charter Challenge Declaratory Relief Under Canada Pension Plan Regulations / Pre Trial (direction Re Pre Trial Conference and Solicitor Appointment)
Outcome
Request to be relieved from attending an in-person pre-trial conference and for a written-only hearing denied; plaintiff directed to retain counsel and comply with pre-trial procedure.
Legal Topics
Charter S.7, Charter S.12, Charter S.15, Charter S.1 Justification, Disability Accommodation, Self Representation, Pre Trial Procedure, Appointment of Counsel
Source Language
English
Constitutional Law Administrative Law Social Security Law Civil Procedure Human Rights Charter S.7 Charter S.12 Charter S.15 +5 more

Case Brief

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Parties

Eric Scheuneman

Plaintiff

Her Majesty the Queen (Human Resources Development Canada)

Defendant

Procedural Posture

Charter Challenge Declaratory Relief Under Canada Pension Plan Regulations / Pre Trial (direction Re Pre Trial Conference and Solicitor Appointment)

Legal Issues

  1. 1 Whether plaintiff entitled to relief from attending an in-person pre-trial conference due to alleged disability
  2. 2 Whether court may strike down legislation without an evidentiary record or hearing
  3. 3 Whether a self-represented litigant is entitled to special procedural accommodations beyond the rules

Ratio Decidendi

The plaintiff's request to avoid an in-person pre-trial conference and to obtain a written-only hearing was denied; absent any evidentiary record he cannot preempt the defendant's right to call witnesses or obtain declarations invalidating legislation; the plaintiff is incapable of carrying the matter forward pro se and is directed to appoint a solicitor by March 3, 2003, whose duty it is to file a pre-trial memorandum within 21 days of appointment or bring further motions on his behalf.

Court Disposition

Request to be relieved from attending an in-person pre-trial conference and for a written-only hearing denied; plaintiff directed to retain counsel and comply with pre-trial procedure.

Orders

  • The plaintiff is hereby directed to appoint a solicitor on or before March 3, 2003.
  • Such solicitor shall within 21 days of appointment either file a further pre-trial conference memorandum in conformity with the Rules or bring such further motions on the plaintiff's behalf as he or she may advise.