Q: What is a paralegal? Is it the same as a lawyer?
A: It depends on where you live. In some provinces, paralegals are legally recognized and have a certain status. In others, there is no official paralegal status and the term refers to a legal assistant who has experience and expertise in a certain area of law.
Ontario paralegals have a legally recognized status. They have to be licensed and insured. They take an oath similar to that taken by lawyers in the province.
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They have more than 2,000 licensed paralegals. The Law Society of Upper Canada passed rules to govern their ethical and legal performance.
In Saskatchewan and Alberta, the industry is not as advanced. Paralegals are treated the same as anyone else venturing into the legal arena who is not a lawyer.
Anyone can appear as an agent for someone facing a lesser criminal charge, but they are generally not allowed to charge for it. That gets into the unauthorized practice of law, which is illegal. Paralegals are generally people without the full training and credentials of lawyers, but who have some significant experience and ability in at least one area of law. They provide legal services, but within a limited scope.
Paralegals can do some, but not all, court work. They could not represent someone charged with murder, but frequently deal with lesser criminal offences or assist litigants with small claims matters.
They also can represent clients in front of administrative tribunals, such as immigration tribunals or before landlord/tenant adjudicators. Paralegals are often restricted from appearing in family court.
There are some Canadian colleges, which have training programs for paralegals and are accredited by the local law society.
Substantive legal training is given, but ethical and practical instruction is provided. They must pass an exam to obtain true paralegal status.
The Paralegal Society of Canada, based in Ontario, has been active since 1992. Its goal is to further the interests of paralegals as professionals in Canada, ensuring high quality service to clients, and acting as a consumer watchdog. Its website, www.pscanada.ca, is full of useful information for anyone interested in this area.
Paralegals often charge their fees on a different basis than lawyers and frequently the overall fees are lower. It can improve access to justice for many people who could not ordinarily afford legal representation.Law societies are working diligently to improve citizens’ ability to access our courts.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. He can be reached at thelaw@producer.com.
