Writ of mandamus - how to proceed

[zabrodov]

Hi everyone,

My parents applied for a TRV (visitor) more than 1.5 years ago. They still haven't received a decision due to security check and I want to file an application for the judicial review to the Federal Court, essentially to request a writ of mandamus.

Here is the problem: I am not a lawyer and I am not really keen on paying one for 2 applications. The issue here is that if I am not a bar certified lawyer, I can only represent myself in the federal court.

As my parents are outside of Canada, they can't physically do many required procedures, such as serving the Attorney General or participate in the court hearings. It leaves them with no choice but to hire a lawyer inside Canada. However, I believe I am missing something, as if a lawyer is mandatory here, then that requirement discriminates against people who might have their rights violated by the Government of Canada, yet are unable to afford a lawyer. And because they are not residents of any Canadian province, they are not eligible for legal aid either. That leaves them without an opportunity to seek justice.

How should people proceed in this case? If someone had such experience, please give me advice.

Thanks!

 

[scylla]

Hi everyone,

My parents applied for a TRV (visitor) more than 1.5 years ago. They still haven't received a decision due to security check and I want to file an application for the judicial review to the Federal Court, essentially to request a writ of mandamus.

Here is the problem: I am not a lawyer and I am not really keen on paying one for 2 applications. The issue here is that if I am not a bar certified lawyer, I can only represent myself in the federal court.

As my parents are outside of Canada, they can't physically do many required procedures, such as serving the Attorney General or participate in the court hearings. It leaves them with no choice but to hire a lawyer inside Canada. However, I believe I am missing something, as if a lawyer is mandatory here, then that requirement discriminates against people who might have their rights violated by the Government of Canada, yet are unable to afford a lawyer. And because they are not residents of any Canadian province, they are not eligible for legal aid either. That leaves them without an opportunity to seek justice.

How should people proceed in this case? If someone had such experience, please give me advice.

Thanks!

Technically you don't need a lawyer. There are people here who have done it without a lawyer but I'm not sure how to find those threads. I'm also not 100% sure how it changes things that your parents are the one doing the writ vs you (i.e. it's their application).

I would do a google search for "writ of mandamus without lawyer" and see what you find. Ignore any AI generated results. Too many errors in that information right now. Look for real people posting their experiences to forums or reddit or similar.

And yes, you are right, your parents aren't eligible for legal aid for obvious reasons.

 

[Buletruck]

And it doesn't violate anyone's human rights!