What Is A Paralegal
More Than Just Legal Assistants
Ontario is the only province that regulates and licenses paralegals under the same regulatory framework as lawyers.
Traditionally, paralegals only worked under the supervision of lawyers and could not provide direct legal advice or representation to clients. This changed in April 2008 when the Law Society of Ontario provided the first licenses to paralegals, allowing them to “practice” law. Under the Law Society’s regulatory framework, paralegals are allowed to advise and represent clients in a wide range of legal matters including:
- The Provincial Offences Act (non-criminal traffic violations, municipal by-laws, and “quasi-criminal” offences);
- Provincial tribunals and administrative boards such as the Ontario Parole Board;
- Certain Criminal offences;
- Ontario Small Claims Court.
Licensed paralegals can appear in court, investigate case details, conduct research, request documents, draft pleadings, and write legal reports, and take most other actions a lawyer would take to resolve the case on behalf of their client.
Scope of Paralegal Practice and Criminal Law
Under s. 802.1 of the Criminal Code and Order in Council 1115/2019 coming into effect on September 19, 2019, paralegals can appear as an accused person’s agent before the Ontario Court of Justice when charged with summary or hybrid criminal offences. These are offences where, before Bill C-75 came into effect on September 19, 2019, the maximum penalty of imprisonment was for a term of six months or less and/or a $5,000 fine when the Crown elects to proceed by summary conviction.
In addition to the Criminal Code, other federal statutes such as the Cannabis Act or the Controlled Drugs and Substances Act that create offences that can be prosecuted by way of summary conviction are also within the paralegal’s scope of practice so long as the maximum punishment as of September 18, 2019 was a maximum of six months imprisonment or less.
Frequently Asked Questions
Do I Have To Appear in Court?
You may need to appear with a paralegal in criminal court until the Crown makes a formal election to prosecute by way of summary conviction on the record in court.
How Much Do Paralegals Cost?
Paralegal services are generally more cost-efficient then that of a lawyer. Glass Gavel offers affordable flat fees and payment plans if required.
Can Paralegals Accept Legal Aid?
Unfortunately, paralegals are not able to accept legal aid certificates.
Can Paralegals Assist With My Bail Hearing?
Paralegals are only able to assist with your bail hearing if you are being held in custody on a straight summary criminal offence. Most often, an accused is only held in custody upon arrest when charged with more serious offences that are straight indictable or hybrid offences in which the Crown needs to make an election to proceed by summary conviction. It is most likely you will need to retain a lawyer to assist you with your bail hearing.
Can A Paralegal Represent Me At Trial?
Paralegals are able to represent accused persons with a judge-alone trial within the Ontario Court of Justice. However, paralegals cannot represent an accused person with a jury trial before the Superior Court of Justice.
Can A Paralegal Help Me Appeal My Case?
Paralegals are able to assist you with appealing a conviction under the Provincial Offences Act. However, if you are seeking to appeal your criminal case, you need to retain the services of a licensed lawyer. Paralegals are not permitted to appear before the Ontario Court of Appeal or Supreme Court of Canada.