Become a McKenzie Friend Now
- Gain valuable experience in a legal-adjacent support role by assisting self-represented litigants in court.
- Develop skills in organization, note-taking, and providing moral support in a high-pressure environment.
- Make a direct and meaningful impact by helping individuals navigate the court system and address an "unmet need" for legal support in PEI.
- Have the opportunity to be part of a supportive network and contribute to a significant community service.
In Canada, "McKenzie Friends" are individuals who assist self-represented litigants (people appearing in court without a lawyer). The concept originated from the English case McKenzie v. McKenzie (1970).
Yes, that's absolutely correct! When I refer to the "English case" McKenzie v. McKenzie (1970), I am indeed referring to a case from the United Kingdom, specifically from the English Court of Appeal.
The legal systems in the UK (England and Wales, Scotland, and Northern Ireland each have their own distinct systems, though they share some commonalities) have historically influenced legal systems in many Commonwealth countries, including Canada. This particular case established a key principle in English law regarding the right of a litigant to receive lay assistance in court, and this principle was then adopted and adapted in various forms within Canada's common law jurisdictions.
So, to clarify:
* English case: Refers to a case decided in the courts of England and Wales.
* UK case: A broader term that could refer to a case decided in any of the constituent countries of the United Kingdom (England, Scotland, Wales, or Northern Ireland), or in the Supreme Court of the United Kingdom which has jurisdiction over civil cases from all UK jurisdictions and criminal cases from England, Wales, and Northern Ireland.
In the context of "McKenzie Friends," the foundational case is specifically from England.
Here's a breakdown of their role and status in Canada:
What is a McKenzie Friend?
- A McKenzie Friend is a support person who sits with a self-represented litigant in court.
- They are not legally trained or qualified to act as lawyers.
- Their primary role is to provide practical and emotional support.
What can a McKenzie Friend do?
Generally, with a judge's permission, a McKenzie Friend can:
- Provide moral support.
- Take notes.
- Help organize documents and case papers.
- Quietly offer suggestions to the litigant on points of law, procedure, or questions to ask witnesses.
- Pay attention to the courtroom discussion.
- Perform any other task specifically approved by the judge.
What a McKenzie Friend cannot do:
Crucially, McKenzie Friends:
- Cannot act as the litigant's agent or manage the case outside of court (e.g., signing court documents).
- Cannot address the court directly, make oral submissions, or examine witnesses, except in very rare, exceptional circumstances where a judge grants them a "right of audience."
- Cannot provide legal advice.
Legal Status and Regulation in Canada:
- The right to a McKenzie Friend is not an automatic right, but judges generally permit them unless there's a good reason to refuse.
- The presence of a McKenzie Friend is ultimately at the discretion of the presiding judge.
- While the concept is recognized in Canadian courts, there isn't uniform legislation or specific regulations governing McKenzie Friends across all provinces and territories. Some jurisdictions, like Nova Scotia, have been exploring how to better integrate and clarify their role within their Civil Procedure Rules.
- There are no formal qualifications required to be a McKenzie Friend.
- Unlike lawyers, McKenzie Friends are not regulated or covered by professional indemnity insurance, which means there's less protection for litigants if things go wrong.
Why are McKenzie Friends important in PEI?
With the increasing number of self-represented litigants in PEI, McKenzie Friends can be an invaluable resource. They help address the "unmet need" for legal support, particularly for those who don't qualify for legal aid but cannot afford a lawyer either. They can help reduce the stress and overwhelm of navigating the court system alone.
Important Considerations:
- Permission: A self-represented litigant should always request permission from the judge to have a McKenzie Friend present.
- Limitations: It's vital for both the litigant and the McKenzie Friend to understand the strict limitations of the McKenzie Friend's role. They are a support person, not a substitute for a lawyer.
- Professional McKenzie Friends: While many McKenzie Friends are unpaid friends or family members, there are also "professional" McKenzie Friends who offer their services for a fee. It's important to remember that being paid does not mean they are legally qualified or regulated.
The National Self-Represented Litigants Project (NSRLP) in Canada has done significant work in researching and providing resources related to McKenzie Friends, including guides for both litigants and judges.
Become a McKenzie Friend and Peer Supporter Now!
