My response over-simplifies things, but here is a simple point that I propose would be a start.
Social cheating should get you kicked in the face. Immediately. No matter who you are.
By social cheating I mean rejecting process "Because justice means I win."
That applies to everyone. Not just self-represented litigants, but all litigants. That should apply to governments. That should apply to lawyers.
People of all orientations and affiliations disagree with court decisions. All the time. In fact, in most instances at least half of the parties in a dispute will disagree with outcomes. That's ok. If you disagree and you think you can defend that challenge to the outcome, then you appeal or initiate a judicial review. Do that til you get the result you want, or the process is exhausted.
Otherwise? Stop.
There's a process. Use it. Don't cheat.
We've agreed to use supposedly independent, supposedly impartial processes and adjudicators to address our disputes. I say "supposedly" because there's disagreement there. I have my opinions on the "supposedly" - but who cares? I'm nobody. But, as a society, we've created this structure. Or elected people who created this structure. Put it in magical constitutional documents, in not so magical legislation and court rules.
But do-overs, re-litigation, collateral attack lawsuits (two or more lawsuits with the same subjects and/or issues) and forum shopping (suing in jurisdiction A, losing, going to jurisdiction B) are cheating. One instance of cheating should be enough to trigger meaningful, strict, negative consequences.
Now I know the complaints that will follow.
"Oh, it was an accident. They were "enthusiastic". The issue is very important to them. You shouldn't be so strict. They don't understand the rules."
Bullshit.
Take anyone. I don't care who. They go to court, to a tribunal. If you ask them "Is it ok for the other side to lose, and then demand endless do-overs?" The answer will be no. I won. Fair and square, by the rules of this society. The other guy is cheating. He agreed to the rules, and now he's cheating.
So, implicitly, that means our hypothetical dispute participant rejects cheating, unless they adopt the Eric Cartmanist approach of "It's justice when I win. And I always win. Until I win, I do what I want."
That's a cheater. We should not wait for cheaters to "persistently" cheat, misusing processes and abusing fair dealing players. We should not agonize about putting barriers in front of cheaters, so hypothetically they won't be able to access "justice" in the future. (I don't know what "justice" means - just repeating what I've been told.) A cheater once predicts future cheating.
Of course, if a cheater cooperates and engages in good behaviour, we should adopt the Prisoner's Dilemma game theory model and give them a chance. And whack them again the next time they cheat.
I don't think it's so complicated. If there's anything that is ground down deep into our DNA, it's a distaste and hostility to cheaters. So why then does the common law tradition court apparatus rush away from that aspect of our nature?
I think the mantra "Justice must be seen to be done." is a part of it. As is how we venerate "The day in court." We go through the motions, rather than point a finger and denounce. We wait, hesitate, rather than act.
You're a cheater. Consequences follow.
Now, trust me, gentle reader, I know the rules aren't evenly and equally administered in Canada's courts. Zealous advocacy, for example, is a principle of "legal representation". Not "legal self-representation".
And we all know why.
But giving cheaters endless do-overs with no effective sanction is something we should all be able to agree is wrong.
Or so I'd hope. I guess I'm still naive.
Dr. Netolitzky's comments got me thinking.
The legal system has two competing values:
⚖️ Value #1: Give people a chance to be heard.
⚖️ Value #2: Bring disputes to an end.
So the question becomes: Who shuts the barn door, and when?
Or put another way:
At what point does access to justice stop being access to justice and become perpetual litigation?