a. Whether the subject of the application refuses to obtain legal repre-
sentation at the time of the hearing; and if so,
b. Whether the subject of the application has made an informed deci-
sion. The Board will not consider the objective wisdom of the choice
once an informed decision has been made.
d. Whether the subject of the application has already been granted
adjournment(s) to obtain counsel.
4.6 The Board has a duty to inquire. That duty gives the Board the authori-
ty to take a proactive role during the course of the hearing when dealing with
the unrepresented subject of an application (“unrepresented person”). The
panel of the Board should act in accordance with the following principles in
any proceeding involving an unrepresented person:
a. Make the unrepresented person aware of the nature of the proceed-
ings to the extent possible.
b. Explain the format of the hearing, the process of presenting evidence, and the basic principles of cross-examination.
c. Ask if the unrepresented person requires pen and paper for note
d. Explain the role of the panel to the unrepresented person.
e. Instruct and assist the unrepresented person throughout the hearing while ensuring fairness to the other parties.
f. Accommodate the unrepresented person’s lack of familiarity with
the process while respecting the rights of the other parties. The
panel should err on the side of providing more, rather than less,
assistance to the unrepresented person.
g. Ask the unrepresented person if they have any questions and
encourage questions throughout the hearing.
h. Satisfy itself that the legal requirements (for involuntary detention,
incapacity, etc.) were met by the health practitioner (if applicable).
4.7 Rule 2 of the Rules of Professional Conduct of the Law Society of Upper
Canada require a lawyer not to withdraw from representation of a client
except for good cause and upon notice to the client appropriate in the circumstances. A lawyer may not withdraw if serious prejudice to the client would
result. In those cases, the Board may order counsel to remain for the hearing
as amicus curiae (in this case, friend of the Board).
 The amended, as of September 1, 2017, Policy Guideline
No. 2 states:
1.1. This Policy Guideline outlines the principles behind and the procedure
for ordering counsel where the subject of an application does not have legal