BarTalk December 2000
Volume 12, Number 6

Expanded role for regulated paralegals

The Canadian Bar Association - Ontario (CBAO) has voted to support portions of the Government of Ontario's Cory Report on the Regulation of Paralegals, and to expand the list of services which it believes could be provided by independent, regulated paralegals.

Assuming that paralegals were properly trained, regulated and educated, the CBAO Council decided to support the ability of paralegals in Ontario to provide the following services:

• uncontested divorces, where there has been a recent Court Order or separation agreement drafted by a lawyer which disposes of property, support, custody and access issues;

• provincial Offences, where there is no risk of imprisonment or the maximum fine is equivalent to the Small Claims Court limit;

• a few minor criminal matters identified in Mr. Cory's report; and

• matters before some provincial administrative tribunals.

Steven Rosenhek, chair of CBAO's Paralegals Committee, reinforced that the Association's key concern is protecting the public. "Mr. Cory's recommendations on requirements for education, insurance, a compensation fund and good character are positive steps toward protecting the public. We agree that these requirements should form the minimum standards in any legislation," he said.

The CBAO previously supported paralegals appearing on small claims court matters, on landlord and tenant issues, completing applications for criminal pardons and change of name, and process serving. While the CBAO expanded its list of appropriate services in light of Mr. Cory's report, the Association continues to strongly oppose paralegal activity in the areas of real estate, wills, powers of attorney, accident benefits and incorporations.

According to the CBAO, until the government passes legislation regulating paralegals, the law as it now stands makes most of the expanded proposed services illegal. The Association believes members of the public are taking significant risks if they use paralegals because minimum standards are lacking for education and insurance and no compensation fund exists to protect the consumer's interests.

Jim Herperger, Chair of the CBABC's Notaries Committee, points out that the situation in Ontario is significantly different than in British Columbia, where paralegals are only allowed to work under the direct supervision of a lawyer and are governed by the Legal Professions Act.

"The Cory Report is an important document and the CBABC Executive Committee will be addressing a number of key recommendations made by the Notaries Committee to address public protection issues contained in the report," he said. "It is critical that Mr. Cory's recommendations be reviewed in consideration of BC's specific issues related to regulation and consumer access."

This article was published in the December 2000 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.