Cameron Miranda
In Canada, paralegals are licensed only in Ontario, where they are regulated as officers of the court. In Ontario, licensed paralegals can provide legal services to the public in certain areas of law and appear before lower-level courts and administrative tribunals. They can also provide legal advice, draft documents for use in proceedings, and negotiate on behalf of clients. While they are not permitted to represent clients in serious criminal matters, they can handle some criminal law matters, such as summary conviction offences. The scope of their practice in criminal law is under ongoing review, with some arguing for expansion and others expressing concerns about competence and fairness.
| Characteristics | Values |
|---|---|
| Can paralegals do criminal law in Ontario? | Yes, paralegals can provide legal services in Ontario on a number of Criminal Code summary conviction offences. |
| Can they appear in court? | Yes, paralegals can appear in criminal court. |
| Can they appear in Family Court? | No, but the Law Society of Ontario (LSO) approved a proposal for the Family Legal Services Provider (FLSP) License, which would allow paralegals to offer certain services in family law. |
| What is the scope of their work? | Paralegals can give legal advice, draft or assist with drafting documents for use in a proceeding, and negotiate on behalf of a person who is a party to a proceeding. |
| What can't they do? | Paralegals are not allowed to provide legal services such as drafting wills, handling real estate transactions, and representing clients in serious criminal matters. |
| Who do they typically represent? | Paralegals typically represent individuals who have been denied legal aid assistance and who can’t afford a lawyer. |
| What is the benefit of having paralegals work on criminal cases? | Allowing paralegals to do criminal work will improve access to justice for individuals who may be stuck representing themselves otherwise. |
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What You'll Learn
Paralegals can represent clients in some criminal cases
In Ontario, licensed paralegals can provide legal services to the public and appear before certain lower-level courts and administrative tribunals. They can also represent clients in some criminal cases.
Ontario is the only jurisdiction in Canada where paralegals are licensed and regulated as officers of the court. To become licensed in the province, paralegals must have graduated from a Law Society of Ontario (LSO)-accredited paralegal education program and completed the Paralegal Licensing Process.
Paralegals can provide legal services on a number of Criminal Code summary conviction offences. They can give legal advice concerning legal interests, rights, or responsibilities with respect to a proceeding or the subject matter of a proceeding. They can also draft or assist with drafting documents for use in a proceeding and negotiate on behalf of a person who is a party to a proceeding.
However, paralegals are not allowed to provide legal services that only a lawyer may provide, such as drafting wills, handling real estate transactions, and representing clients in serious criminal matters.
The Law Society of Ontario has worked to preserve the range of services provided by regulated agents, including paralegals, in response to federal changes to the Criminal Code in Bill C-75, which could have restricted access to affordable legal representation provided by paralegals.
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Paralegals can provide legal advice
In Canada, paralegals are licensed only in Ontario, where the profession is regulated as an officer of the court. Licensed paralegals in Ontario can provide legal advice and represent individuals in specific areas of law, including some criminal law matters.
While paralegals cannot provide legal services that only a lawyer may provide, such as drafting wills or handling real estate transactions, they can offer legal advice concerning an individual's legal interests, rights, or responsibilities in a proceeding. This includes criminal law matters, where paralegals can defend individuals charged with specific Criminal Code summary conviction offences.
In Ontario, paralegals can appear before certain lower-level courts and administrative tribunals. They are not permitted to appear in Family Court; however, a proposal for a Family Legal Services Provider (FLSP) license would allow paralegals to offer specific services in family law, such as assisting with filing deadlines and preparing applications for uncontested divorces.
The scope of practice for paralegals in criminal law matters is under ongoing review, with considerations given to education, training standards, and competency development in the field. Paralegals can provide cost-effective legal services and improve access to justice for individuals who may otherwise represent themselves in criminal matters.
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Paralegals can draft documents for use in criminal proceedings
In Ontario, licensed paralegals can provide limited legal services to the public, including drafting documents for use in criminal proceedings. They can offer legal advice and defence in court for certain Criminal Code summary conviction offences. This includes providing legal advice concerning an individual's legal interests, rights, or responsibilities with respect to a proceeding or the subject matter of a proceeding.
Paralegals in Ontario can help individuals charged with a criminal offence by offering legal advice and a reliable defence in court. They can also assist in arranging for charges to be dealt with by alternative methods, such as diversion or mediation, to avoid a criminal conviction on an individual's record.
It is important to note that paralegals are not permitted to provide certain legal services that only a lawyer may provide, such as drafting wills or handling real estate transactions. Additionally, they cannot represent clients in serious criminal matters without the supervision of a lawyer.
The scope of practice for paralegals in Ontario has been expanded temporarily to include criminal law matters, and the Law Society of Ontario is reviewing and developing the range of services they can provide in this area. This expansion aims to improve access to justice and address concerns about the potential impact of federal changes to the Criminal Code on the availability of affordable legal representation provided by paralegals.
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Paralegals cannot handle real estate transactions
In Ontario, licensed paralegals can provide limited legal services to the public. They can appear before certain lower-level courts and administrative tribunals. However, it is important to note that there are restrictions on the types of cases paralegals can handle. Paralegals cannot handle real estate transactions. This is because real estate transactions are considered legal services that only a lawyer is authorized to provide.
While paralegals can provide legal advice and representation in certain criminal law matters, their scope of practice is limited to specific types of offences, such as summary conviction offences, and they cannot handle more serious criminal matters. The Law Society of Ontario (LSO) regulates the paralegal profession and determines the types of legal services they can provide.
The LSO has also approved a proposal for the Family Legal Services Provider (FLSP) License, which would allow paralegals to offer certain services in family law, such as assisting with filing deadlines and preparing applications for uncontested divorces, domestic contracts, and name changes. This proposal demonstrates the LSO's efforts to expand the role of paralegals in providing legal services while maintaining the necessary qualifications and oversight.
It is worth noting that the scope of practice for paralegals in Ontario is subject to ongoing review and development, taking into account education, training standards, and competency in the field. This ensures that paralegals are equipped to handle the authorized types of legal matters while recognizing the limitations of their role. As a result, while paralegals play an important role in providing access to legal services, particularly for those who may not be able to afford a lawyer, they cannot handle all types of cases, including real estate transactions.
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Paralegals cannot prosecute or defend criminal cases
In Ontario, licensed paralegals can provide limited legal services to the public and appear before certain lower-level courts and administrative tribunals. They can provide legal services on a number of Criminal Code summary conviction offences. However, it is important to note that paralegals cannot prosecute or defend criminal cases.
While paralegals can offer legal advice and defence in court, they are not lawyers. They can only provide specific legal services under the supervision of a lawyer. For example, paralegals can give legal advice concerning an individual's legal interests, rights, or responsibilities with respect to a proceeding. They can also draft or assist with drafting documents for use in a proceeding and negotiate on behalf of a person who is a party to a proceeding.
In Ontario, the Law Society regulates the profession of paralegals as officers of the court. The scope of practice for paralegals is outlined in By-Law 4, which was created in 2008. This scope is reviewed and developed by the Law Society, taking into account education, training standards, and competency development in the field of criminal law.
The Law Society of Ontario has worked to ensure that paralegals can continue to work on summary conviction matters, preserving access to affordable legal representation. This includes offences such as assault, theft under $5,000, and public mischief. However, it is important to note that paralegals are not permitted to provide legal services in more serious criminal matters or appear in Family Court.
While paralegals play an important role in the legal system, they have limitations on the types of services they can provide. As such, individuals seeking legal representation in criminal cases may require the services of a licensed lawyer who can prosecute or defend in court.
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Frequently asked questions
Yes, paralegals can provide legal services in Ontario on a number of Criminal Code summary conviction offences.
To be licensed in Ontario, paralegals must have graduated from a Law Society of Ontario (LSO)-accredited paralegal education program, successfully completed the Paralegal Licensing Process, and passed the necessary exams.
Paralegals are not allowed to provide legal services that only a lawyer may provide, such as drafting wills, handling real estate transactions, and representing clients in serious criminal matters. They are also currently not permitted to appear in Family Court.
Yes, law students can work on criminal law cases in Ontario under the supervision of a criminal defence lawyer. They typically represent individuals who have been denied legal aid and cannot afford a lawyer.
Allowing paralegals to work on criminal law cases can improve access to justice for individuals who may otherwise have to represent themselves due to the cost of hiring a lawyer. It also provides law students and lawyer licensing candidates with valuable professional experience.
