Cameron Miranda
The Law Society of Upper Canada, now known as the Law Society of Ontario, is the regulatory body for lawyers and paralegals in the Canadian province of Ontario. Founded in 1797, it is the oldest self-governing body in North America. The society was established to regulate the legal profession in the British colony of Upper Canada and continues to govern the legal profession in Ontario today. The society's responsibilities include setting standards for admission into the legal profession, regulating the conduct of lawyers and paralegals, and promoting access to legal services through various programs.
| Characteristics | Values |
|---|---|
| Name | Law Society of Upper Canada (LSUC); French: Barreau du Haut-Canada |
| Year of Founding | 1797 |
| Purpose | To regulate the legal profession in the British colony of Upper Canada |
| Location | Toronto, Ontario |
| Membership | Lawyers and paralegals in Ontario |
| Function | Regulate and govern the legal profession, ensure ethical and competent legal practice, set standards for admission into the profession, discipline lawyers who violate standards |
| Governance | Self-governing, funded through lawyer and paralegal licensing fees, with a Treasurer elected annually |
| Notable Cases | CCH Canadian Ltd v Law Society of Upper Canada (2004) – established thresholds for originality and fair dealing in Canadian copyright law |
| Recent Developments | Name changed to Law Society of Ontario in 2018; requirements for licensees to promote equality, diversity, and inclusion introduced in 2017 and repealed in 2019 |
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What You'll Learn
History of the Law Society of Upper Canada
The Law Society of Upper Canada, now known as the Law Society of Ontario, was founded in 1797 to regulate the legal profession in the British colony of Upper Canada. It is the oldest self-governing body in North America.
The Law Society's first home was at Wilson's Hotel in Newark, Ontario (now Niagara-on-the-Lake). A group of lawyers, including John White, Robert Isaac Dey Gray, and Bartholome, met there on July 17, 1797, to form the society. From 1799 to 1832, the Law Society was based in various temporary locations in York (Toronto) until Osgoode Hall was built in 1832.
The 1797 statute authorized the society to impose requirements for admission to the bar of Upper Canada and to test applicants against these standards. The Law Society continued to set increasingly onerous requirements for potential Upper Canadian lawyers throughout the early 1800s, at one point requiring students-at-law to live at Osgoode Hall while they completed their legal studies. This enhanced the legal profession's "prestige" in the young colony, according to historian Paul Romney.
Incorporation of the Society occurred in 1822. The Society governed the legal profession in Canada West from 1841 to 1867, and in Ontario since Confederation in 1867. The Law Society was reformed by statute in 1970, under the Law Society Act, 1970, which required potential licensees to demonstrate "good character."
In 2017, the Law Society enacted a requirement that licensees acknowledge an "obligation to promote equality, diversity and inclusion." Following a public campaign called "StopSOP," the requirement was repealed in 2019. In 2017, the Society's governing body, Convocation, voted to change the name from Upper Canada to Ontario, and this change was made official in 2018.
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The Law Society's role in regulating lawyers
The Law Society of Upper Canada, now known as the Law Society of Ontario (LSO), is responsible for regulating lawyers and paralegals in the Canadian province of Ontario. Founded in 1797, it is the oldest self-governing body in North America.
The Law Society has the authority to set standards for admission into the legal profession and to discipline lawyers who violate those standards. It ensures that lawyers are both ethical and competent, with the power to impose sanctions ranging from admonitions to disbarment. The Society also requires potential licensees to demonstrate "good character".
Throughout the early 1800s, the Law Society imposed increasingly stringent requirements on prospective Upper Canadian lawyers, including a residency requirement at Osgoode Hall, the Society's home since 1832. These licensing requirements enhanced the legal profession's prestige in the young colony.
The Law Society is funded through lawyer and paralegal licensing fees and is based in Toronto. It regulates more than 50,000 lawyers and 8,000 paralegal licensees in Ontario. The Law Society's authority to license and regulate lawyers and paralegals is set out by the Law Society Act.
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The Society's role in regulating paralegals
The Law Society of Upper Canada, now known as the Law Society of Ontario, is responsible for the self-regulation of lawyers and paralegals in the province of Ontario, Canada. Founded in 1797, it is the oldest self-governing body in North America.
The Law Society's authority to regulate paralegals is derived from the Law Society Act, which outlines the Society's functions, duties, and powers. The Act includes principles that the Society must follow, such as maintaining and advancing the cause of justice and facilitating access to justice for Ontarians.
To promote access to legal services, the Law Society supports programs such as Pro Bono Students Canada (PBSC) and the Law Society Referral Service (LSRS). LSRS helps individuals find paralegals in their region who offer free 30-minute consultations. Paralegals and lawyers can add their names to the LSRS roster for an annual fee of approximately $300.
The Law Society is funded through paralegal and lawyer licensing fees. It is based in Toronto, at Osgoode Hall.
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CCH Canadian Ltd v Law Society of Upper Canada
The Law Society of Upper Canada, now known as the Law Society of Ontario, is a self-governing body responsible for regulating lawyers and paralegals in the Canadian province of Ontario. Founded in 1797, it is the oldest self-governing body in North America.
The Court, led by Chief Justice McLachlin, considered several issues in this case. They examined whether the Law Society's actions constituted "authorization" of copyright infringement by providing access to photocopiers and whether the Library qualified for an exemption as a "library, archive, or museum" under the Copyright Act. They also interpreted the meaning of "research" and "fair" in the context of "dealings."
Ultimately, the Court unanimously held that the Law Society's practice fell within the bounds of fair dealing. McLachlin found that the Law Society's restrictions on copying materials ensured fairness and that the Library could rely on its general practice to establish fair dealing. She emphasized the need to balance the interests of copyright holders with the public interest in accessing and disseminating works.
This case set a significant precedent in Canadian copyright law, clarifying the threshold of originality and providing guidance on fair dealing. It also highlighted the importance of balancing the rights of copyright holders with the public's interest in accessing and utilizing copyrighted works.
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The Law Society's name change
The Law Society of Upper Canada, now known as the Law Society of Ontario (LSO), is the law society responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario.
The organisation was founded in 1797 as the Law Society of Upper Canada, and it is the oldest self-governing body in North America. The society was established to regulate the legal profession in the British colony of Upper Canada. Despite Upper Canada ceasing to exist as a political entity in 1841, the Law Society retained its original name.
In 2017, the Law Society faced calls to change the name 'Upper Canada'. Benchers voted to drop the name and replace it with a new one. On November 2, 2017, the Society's governing body (Convocation) chose 'Law Society of Ontario' as the new name. The name change was made official on May 8, 2018, following amendments to the Law Society Act as part of the 2018 provincial budget implementation bill.
The Law Society of Ontario continues to regulate the legal profession in Ontario, with the power to set standards for admission into the profession and to discipline lawyers who violate those standards. The society is based in Toronto, at Osgoode Hall.
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Frequently asked questions
The Law Society of Upper Canada, now known as the Law Society of Ontario, is a law society responsible for the self-regulation of lawyers and paralegals in the Canadian province of Ontario.
The Law Society of Upper Canada was established in 1797 to regulate the legal profession in the British colony of Upper Canada. It is the oldest self-governing body in North America.
The Law Society of Upper Canada was established to govern the legal profession in Upper Canada and, later, in Ontario. It is responsible for setting standards for admission into the profession and disciplining lawyers who violate those standards.
The Law Society of Upper Canada governs over 50,000 lawyers and 8,000 paralegals in Ontario. It is funded through lawyer and paralegal licensing fees.
