representing unrepresented interests before the court; informing
the court of some fact or circumstance that the court may otherwise be unaware of; advising the court of a point of law.21
 The Board’s Policy Guideline 2, “Ordering Counsel Where
the Subject of an Application Does Not Have Legal Representation”,
among other things, addresses the circumstance where a party
requests to represent himself or herself at a Board hearing.
 The Board’s policy about self-represented parties is based
on its understanding of the Supreme Court of Canada’s decision
in R. v. Swain22 and the Ontario Court of Appeal’s decision in
R. v. Romanowicz.23 In K (Re),24 the Board stated: “It is the
Board’s policy to respect a person's wish (and right) to self-
represent, where that wish is clearly conveyed to the panel hear-
ing the matter.”
 Policy Guideline 2 was amended after R.C.’s hearing, but
at the time of his hearing, the guideline stated:
This Policy Guideline outlines the procedure for determining whether the
Board should issue an order [pursuant to s. 80(1) of the Health Care Consent
Act, 1996] to arrange for the legal representation of the subject of an application. The Policy Guideline also addresses the Board’s duty to inquire and to
elicit evidence when dealing with unrepresented subjects of an application.
3. General Principles
3.1 Parties have a constitutional right to represent themselves if they
wish, regardless of whether or not they are likely to represent themselves
4.5 The Board will strive to avoid adjournments as a general principle.
When the subject of an application appears unrepresented, the panel of the
Board will decide whether or not to proceed without legal representation by
conducting a preliminary mini-inquiry to establish:
21 R. v. LePage,  O.J. No. 4486, 214 C.C.C. (3d) 105 (C.A.); Khadr v.
Canada (Attorney General),  F.C.J. No. 47, 2008 FC 46; R. v. Phung
 O.J. No. 5663 (S.C.J.); R. v. Atherley  O.J. No. 4363 (S.C.J.);
R. v. Grice,  O.J. No. 306, 119 C.C.C. 18 (H.C.J.).
22  1 S.C.R. 933,  S.C.J. No. 32.
23 (1999), 45 O.R. (3d) 506,  O.J. No. 3191 (C.A.).
24 2009 CanLII (Ont. C.B.B.).