1. Introduction

This report provides a summative overview of the findings, analysis and recommendations of an independent study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service), which was implemented in 2019 to assist self-represented litigants.Footnote 1 The independent study examines the use of the Navigator Service for Canada Pension Plan – Disability (CPP – Disability) appeals heard by the Income Security - General Division of Canada’s Social Security Tribunal. This study focuses on access to administrative justice on the ground.Footnote 2 It aims to understand the ways in which the Navigator Service facilitates access to CPP disability benefit decision-making as well as the ways that the Navigator Service could be improved. It considers the perspectives of self-represented parties who have used the Navigator Service and received at least one tribunal decision between the Service’s inception in November, 2019 and April, 2021. It also considers the perspectives of the navigators and, for context, gathers information from relevant government officials involved in the design, implementation and running of the Navigator Service.

The SST Navigator Service was established with the foundational goal of ensuring that appellants are well-informed and feel comfortable at their hearings. The Navigator Service was not designed around efficiency; those involved in its development have been clear that its purpose is not and has never been about the faster movement of files, or to save money. The SST Navigator Service was created in response to a review of the federal social security system that was conducted in 2016 – 2017.Footnote 3 This review identified several shortcomings in the SST Appeal process including that it was legalistic and difficult for a layperson to navigate.Footnote 4

As a system designed to be client-centric and to assist self-represented litigants through the process of an adjudicative tribunal, the SST Navigator Service forms part of a family of navigational tools that are newly developing in the administrative justice system across Canada. However, the SST’s Navigator Service is by far a leader in navigational tools. It is presently one of the most developed systems, if not the most developed system, within administrative tribunals in Canada.

The SST Navigator Service was first implemented at the General Division – Income Security (GDIS) for CPP – Disability appeals. During the time frame covered by this study, the SST and its Secretariat had 11 full-time navigators exclusively dedicated to working one-on-one with individual appellants for CPP – Disability appeals at the GDIS. After that, the Navigator Service was extended to all appeals across the Appeal Division of the SST, followed by a further extension to Employment Insurance (EI) files involving the Canadian Charter of Rights and Freedoms,Footnote 5 GDIS Old Age Security (OAS) files, CPP Non-Disability appeals and GD EI Group Appeals.Footnote 6

Navigators have been trained to check in regularly with appellants to ensure their readiness for hearings. They are in frequent contact with appellants, they assist them by answering questions concerning the material in their file, what documents they will need for the SST hearing, and the nature of the hearing. They get to know each of their appellants well, and work to understand their personal circumstances relevant to their files. They are trained to work within the limits of providing information, while refraining from providing legal advice.

By way of background information, under the statutory framework, there are many steps for an individual who is pursuing CPP – Disability benefits. An individual interested in receiving a CPP – Disability pension will apply for CPP – Disability by completing an application form and submitting it to the responsible minister under s. 60 of the Canada Pension Plan.Footnote 7 As a practical reality, this form is submitted to Service Canada, which is a branch of Employment and Social Development Canada.Footnote 8 If unsuccessful, the applicant has the right to ask for their application to be reconsidered by the minister.Footnote 9 If this reconsideration application fails, the applicant may make an appeal to the SST.Footnote 10 The factors considered for eligibility are provided in both the CPP and its regulations. They include requiring that an individual have a “severe and prolonged mental or physical disability” and that they meet a minimum qualifying period.Footnote 11

The original application for CPP – Disability benefits and the reconsideration are completed in writing. By contrast, the appeal at the SST involves a viva voce hearing. Appeals to the Social Security Tribunal are first decided by the General Division. It is a fresh reconsideration to which new evidence can be brought by the appellant.Footnote 12 After that, if the person seeking benefits would like to appeal further because they are dissatisfied with the result, they may bring an appeal to the Appeal Division of the SST. Appeals to this Division are not based on a fresh reconsideration but, instead, seek only to determine if an error was made by the General Division of the SST.Footnote 13

The COVID – 19 pandemic began four months after the Navigator Service was first implemented. For the tribunal users interviewed, this meant that their hearings took place by phone or videoconference. Interviewees generally expressed agreement with telephone hearings. One user who had experienced an oral hearing at another tribunal in the past indicated that they experienced less stress because they did not have to anticipate being face to face with the opposing party, although the other party was not present in any event. As for the navigators, they noted that although the pandemic and the ensuing closures and lockdowns facilitated reaching users by phone, it also rendered getting medical appointments and ultimately preparing their case harder for users.

This research study was undertaken with a view to fulfilling two goals. The first is to take stock of the strengths and weaknesses of the SST Navigator Service with a view to sharing knowledge about this novel service more broadly among administrative tribunals at the federal level, and in the administrative justice systems of the provinces and territories where it may be beneficially adopted. In our view, the Navigator Service may also be beneficial in other jurisdictions beyond Canada. Second, the study aims to consider how the Navigator Service is doing with respect to marginalized communities, in particular. The SST serves users who are often at the intersections of being people with disabilities and people who live with low income. What we know from statistics is that many people who live with low income are also women, immigrants and / or visible minorities.Footnote 14 The SST Navigator Service therefore presents an opportunity to consider how individuals from these and other marginalized communities are experiencing the system and how the service may be helpfully improved.