Law Students: Court Representation In Ontario

In Ontario, a law student may be able to represent someone in court by special permission, despite not being admitted to the general practice of law. However, it is highly recommended to hire a qualified lawyer for criminal court proceedings. In the case of a minor or someone mentally incapable of representing themselves, a litigation guardian, the Children's Lawyer, or the Public Guardian and Trustee may step in.

Law students with special permission

In Ontario, law students with special permission can represent someone in court in a lawyer-like way, despite not being admitted to the general practice of law. This is possible in certain forums, although it is unclear which forums these are.

In general, anyone can represent themselves in court unless they are a minor (under 18) or mentally incapable, in which case they require a litigation guardian privately or a Children's Lawyer or Public Guardian and Trustee may step in. A lawyer can represent a party in any proceeding, although this can be costly.

In Small Claims Court, corporate officers can represent an entity or another person in the context of that particular relationship. A paralegal can also represent someone in Small Claims Court, as well as in Provincial Offences Act matters, summary conviction matters under the Criminal Code (but not indictable offences and probably not hybrid offences), Tribunals, and in relation to Statutory Accident Benefits.

A family member can represent someone in court if they only provide legal services within the jurisdiction of a paralegal and do not charge any fee. A friend or neighbour can do the same, but they are limited to providing legal services in up to three matters per year.

A McKenzie Friend is not someone who provides legal advice or representation, but with a Court or Tribunal's permission, they can support a self-represented litigant before the Court or Tribunal.

Family members

In Ontario, a family member can represent you in court if they meet the following conditions: they only provide legal services within the jurisdiction of a paralegal, and they do not charge any fees.

However, it is important to note that representing someone in court, especially in criminal matters, typically requires specific legal knowledge and skills. While a family member can provide emotional support, the legal system is complex, and criminal charges can carry severe consequences. In criminal court proceedings, it is highly recommended to have a qualified lawyer represent you.

If you are unable to afford a lawyer, you may be able to get help from Legal Aid Ontario, depending on your financial eligibility and the service you need. You can also request a free consultation with a lawyer in or near your community to help you determine your rights and options.

Additionally, a family member can act as your agent and speak on your behalf in court. An agent can be a family member, paralegal, or friend. However, you can only send an agent to court if you have been charged with a summary offence.

In the case of self-representation, there are resources available to assist you. The Ontario Court of Justice has a guide for self-represented family litigants, which includes information on videoconference etiquette, document-sharing platforms, and arranging interpreters.

Friends or neighbours

In Ontario, a friend or neighbour can represent someone in court if the following conditions are met:

• They only provide legal services within the jurisdiction of a paralegal. This includes Small Claims Court, Provincial Offences Act matters, summary conviction matters under the Criminal Code (but not indictable offences and probably not hybrid offences), Tribunals, and in relation to Statutory Accident Benefits.
• They do not charge any fee.
• They only provide legal services in up to three matters per year.

It is important to note that representing someone in court, especially in criminal matters, typically requires specific legal knowledge and skills. While a friend or neighbour may provide support and assistance, it is highly recommended to seek legal advice or representation from a qualified lawyer or paralegal, especially in complex or serious cases.

In some cases, individuals may choose to represent themselves in court. However, it is important to consider the complexity of the legal system and the potential consequences of not having adequate legal representation.

Additionally, there are other options available for individuals who cannot afford a lawyer. For example, they may opt for trial consulting, litigation consulting, limited scope, or unbundled services, where a lawyer is hired on an as-needed basis. Alternatively, they may seek support from a McKenzie Friend, who can provide assistance to self-represented litigants with the Court or Tribunal's permission.

Paralegals

In Ontario, paralegals are licensed by the Law Society of Ontario and are regulated as officers of the court. Paralegals are not lawyers, but they are professionals with the required education and experience to provide legal services to the public.

Additionally, paralegals can represent clients in summary conviction matters under the Criminal Code. These are generally less serious offences with less severe repercussions, such as trespassing, soliciting prostitution, counterfeiting, or vagrancy. Paralegals can also represent clients in Provincial Offences Act matters, which include traffic offences, noise complaints, property damage, dog attacks, environmental damage, and occupational work and safety issues.

In the context of boards and tribunals, paralegals can represent clients before administrative bodies such as the Landlord and Tenant Board, Workplace Safety and Insurance Board, Financial Services Commission of Ontario, Social Benefits Tribunal, Human Rights Tribunal of Ontario, and the Immigration and Refugee Board.

It is important to note that paralegals cannot represent individuals in family law proceedings or civil litigation before the Ontario Superior Court of Justice. They are also not permitted to provide certain legal services that only a lawyer may provide, such as drafting wills or handling real estate transactions. However, as of December 1, 2022, the Law Society of Ontario approved a proposal for the Family Legal Services Provider (FLSP) License, which would allow paralegals to offer specific services in family law with additional education and training.

Self-representation

In Ontario, any party in a proceeding can be self-represented, unless they are a minor (under 18) or mentally incapable. In the latter cases, a litigation guardian, the Children's Lawyer, or the Public Guardian and Trustee may step in.

In some jurisdictions, non-lawyers may be permitted to assist a party in small-claims courts. For example, in Ontario, a family member or friend can represent someone, provided they only offer services within the jurisdiction of a paralegal and do not charge any fees. A paralegal can represent someone in Small Claims Court, Provincial Offences Act matters, summary conviction matters under the Criminal Code, Tribunals, and in relation to Statutory Accident Benefits.

Additionally, a McKenzie Friend, with the Court or Tribunal's permission, can provide support to a self-represented litigant before the Court or Tribunal, although they do not provide legal advice or representation.

It is important to consult the specific laws and regulations of Ontario, Canada, to understand the requirements and limitations of self-representation in court.

Frequently asked questions