Paralegal - Paralegals in Canada

Paralegals in Canada

In Canada, paralegals are legal agents who have the ability to represent on many matters, including all Provincial Offences, work for Provincial Tribunals and Boards, as well as Summary Criminal Cases. They are not "law clerks" in the province of Ontario, Canada and are considered to be a formal part of the legal system. Paralegals may become Commissioners, Notary Publics and act as a Justice of the Peace.

In the Province of Ontario, a paralegal is an officer of the court (i.e. considered a formal part of the legal system). Paralegals in Ontario are licensed and regulated by the Law Society of Upper Canada, which also regulates and provides licenses for all lawyers in Ontario. The Law Society began issuing the first paralegal licences to grandparent applicants who fulfilled all the necessary licensing requirements (including insurance) in April 2008. Paralegals who provide legal services to the public must carry professional liability insurance in accordance with By-Law 6, Part II, section 12 (1). Licensees must provide written proof of their compliance with this requirement to carry mandatory insurance before they begin providing legal services, as well as on an annual basis. Paralegal services may be provided via a sole proprietorship, partnership or professional corporation. Licensees are strongly encouraged to seek professional advice on the best business structure for their particular situations. A paralegal license allows a paralegal to independently represent clients in provincial offences court, summary conviction criminal court, small claims court and administrative tribunals such as the Financial Services Commission of Ontario or the Workplace Safety and Insurance Board. The role that a paralegal has in the United States is similar to the role of a law clerk or legal assistant in Ontario. Many paralegals in Ontario work in the areas of permitted practice for paralegals and also work alongside lawyers in areas of practice that are only permitted to be practiced by lawyers. It is illegal for paralegals in Ontario to independently practice in an area of law that is permitted only for lawyers. An example of this is family law, or an indictable offence in criminal law.