Saskatoon man acting as own lawyer beats city ticket

While a Saskatoon man managed to both successfully fight a ticket for disturbing the contents of a recycling bin and then win an appeal without a lawyer, a University of Saskatchewan law professor says research shows that’s more of an exception than a rule.

David Vesty was ticketed in 2017 after being spotted leaning into a recycling bin.

Court documents show Vesty was pushing a bin in a residential area and that he’d previously asked homeowners if it was OK for him to take bottles.

Vesty opted to go to court and fight the ticket while acting as his own lawyer. Ultimately, a Justice of the Peace ruled in May 2018 that while Vesty had leaned into the bin, the Crown failed to prove there was anything inside, or that Vesty had disturbed any of the contents.

A Saskatoon Court of Queen’s Bench judge agreed with that ruling in February and dismissed an appeal by the Crown, again with Vesty representing himself.

Sarah Buhler is an associate professor at the University of Saskatchewan law school with a specialty in issues around access to justice. She said it’s become increasingly common for people to appear in court acting as their own counsel.

“A lot of people who are representing themselves in court matters are not doing it because they have chosen to do it,” she said, saying cost was generally the issue causing people to forgo a lawyer, with experienced counsel costing an average of $300 an hour in Western Canada.

While Vesty managed to win his case and likely saved himself a significant amount of cash in the process, Buhler said many in the legal community are concerned with the rising number of people who can’t afford lawyers.

“Overall the research shows that generally, in most contexts, if you have a lawyer you are at an advantage,” she said. “Your chances of being successful are higher.”

She said solutions are thin on the ground: Legal aid is only accessible in Saskatchewan below a certain income threshold and is only available in criminal matters where people face jail time or in family law situations. Judges are also limited in the help they can provide someone without counsel who may be having a tough time in court.

“It’s a stressful experience,” Buhler said. “For a lot of people, they don’t have a lot of experience in the system and it can be a very daunting experience.”

While some lawyers may offer short consultations to assist people representing themselves, Buhler said that for now, the high cost of legal services remains a challenge.

“It’s really fundamentally a question about access to justice and the ability of our system to try to deal fairly and justly with everyone who comes into contact with it,” she said.