Ontario a Leader in the Regulation of Paralegals
Ontario's Access to Justice Act Creates Newly Licensed Paralegals
Sep 30, 2008
The Ontario justice system is attempting to open doors to its citizens seeking access to certain courts and tribunals. Tribunals are like courts, except they make decisions in specific matters, such as worker’s compensation and landlord and tenant disputes.
In 2005, the Access to Justice Act was introduced in the Ontario legislature and passed into law in 2006. Among other things, this bill created a professional designation and recognition of non-lawyers in Ontario's justice system.
Since the 1980’s, non-lawyers attempted to break the barriers of affordability for clients in a wide range of minor matters, such as traffic court and uncontested divorce. The Law Society of Upper Canada, Ontario’s regulator for lawyers, was unhappy with this practice and consistently tried to stop it.
In 1985, the Law Society met its first major challenge to these attempts in the form of Brian Lawrie, a retired police officer. Mr. Lawrie found a market in defending highway traffic cases, so he built a business called POINTTS (Provincial Offences Informed Traffic Ticket Services) through which he represented people charged with offences such as speeding, careless driving and failing to stop.
The Law Society took Mr. Lawrie to court to stop him from “practicing law”. However, Mr. Lawrie fought back. Lawrie’s interpretation of the Provincial Offences Act was that agents and not just lawyers can appear on behalf of accused persons in Provincial Offences Court. The Law Society disagreed.
After 2 years, the case wound its way through the courts and the Ontario Court of Appeal finally stated that paid agents were permitted to appear in Provincial Offences Court. Later the door was opened for paid agents in minor criminal matters as well. Non-lawyers also prepared paperwork for uncontested divorces, wills and powers of attorney.
Ontario’s lawyers were concerned that non-lawyers or paralegals as they later called themselves were encroaching on their work. They were concerned that paralegals were not regulated, required to carry insurance or take legal training. There was no way for the public to know if a paralegal was competent. On the other hand, many paralegals were graduates of community colleges offering law clerk or court and tribunal programs, or were former police officers like Mr. Lawrie. Paralegals organized to protect their status and lobby for self-regulation.
After several reports carried out by eminent legal scholars, including the late Ron Ianni, former President of University of Windsor (Ontario) and Peter Cory, former Justice of the Supreme Court of Canada, the issue remained unsettled. Upon introduction of the Access to Justice Act, paralegals felt they were pitted against lawyers believing new regulations will unduly restrict their activities and practices. Further, the bill put the Law Society in charge of regulating them, giving this bill the feel of a “fox in the henhouse”.
The law became effective May 1, 2007. Paralegals wanting to continue practicing were given 6 months to apply for “grandparent” status, as Law Society officials reviewed their backgrounds. Upon acceptance, they were required to pass a licensing exam. The first 2000 paralegal licenses were issued in May 2008.
While there is still considerable controversy about regulation, paralegals and the public are slowly accepting this reality. Paralegals represent clients in small claims and provincial offences court, deal with minor criminal offences, as well as appear before most tribunals. As it completed its first hurdle, the Law Society will now set up an election process for paralegals to choose their own representatives on its governing board. The verdict of this unique process is not yet in; however, Ontario is the first in western society to recognize the value of non-lawyers in the legal system.
