Le devoir de secours équitable et impartial à l'égard des parties non représentées : quel rôle incombe au juge administratif?

Authors: Quigley, Ann
Advisor: Laflamme, Anne-Marie
Abstract: This thesis focuses on the duty of administrative judges exercising judicial functions to provide equitable and impartial assistance towards unrepresented litigants. To achieve our research objectives, we first study the phenomenon of unrepresented litigants within judicial and administrative courts by trying to assess the scale and causes of this phenomenon, its consequences and the particular needs of unrepresented litigants. In this respect, we study available legal references and empirical research on the matter. We then try to clarify the concept of "duty to provide equitable and impartial assistance" as set out in the Act respecting administrative justice (AAJ) by focusing on the common meaning of these terms and jurisprudential parameters. We conduct a comparative analysis between judicial court judges’ duty to assist and some administrative judges’ duty to provide equitable and impartial assistance before examining the risks associated with this duty. This leads us to analyze the evolution of the role of judges on philosophical and social levels, and conceptualize it in response to the phenomenon of unrepresented litigants. To conclude this thesis, we issue guidelines to help administrative judges exercise their duty to provide equitable and impartial assistance towards unrepresented litigants.
Document Type: Mémoire de maîtrise
Issue Date: 2020
Open Access Date: 29 April 2020
Permalink: http://hdl.handle.net/20.500.11794/39097
Grantor: Université Laval
Collection:Thèses et mémoires

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