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Only one Canadian jurisdiction regulates paralegals. Could the profession benefit from regulated practice standards?
By Damian Ali | The Registrar
As we all know, admission into certain professions in Canada oftentimes comes with strict practice requirements. To function most effectively, professionals must obtain a license and abide by certain standards to ensure the public is protected.
The legal profession in Canada is different. While lawyers across the country must have a valid license from their provincial or territorial law society, the paralegal profession Is largely unregulated with few legislated practice requirements.
Heidi Semkowich, president of the Alberta Association of Professional Paralegals
Current regulatory landscape
Ontario is the only province or territory in Canada that regulates paralegals.
Spokesperson for the Law Society of Ontario, Jennifer Wing, says paralegals are an integral part of the legal system, and that the organization has been mindful of the twin objectives of regulation—consumer protection and enhanced access to justice.
“Paralegals can provide an affordable option for those in need of legal services or representation,” Wing says. “This helps reduce self-represented litigants in court cases and deters people from seeking advice from non-regulated legal resources or individuals who may lead them astray.”
Attempts at development
In Alberta, the provincial association representing paralegals recognizes the benefits of licensing and professional regulation. Heidi Semkowich, president of the Alberta Association of Professional Paralegals, notes that there is no minimum standard of qualifications before an individual can hold themselves out as a paralegal to the public.
However, there are steps the Law Society of Alberta could take toward the regulation of the profession, she notes. An Innovation Sandbox was recently announced, which allows non-lawyers to apply for permission to provide limited scope legal services.
“This is a fantastic step forward and we’re looking forward to engaging in further discussions with the Law Society with respect to next steps in paralegal regulation.”
In Quebec, even though lawyers and notaries public are regulated by separate authorities, paralegals struggle for recognition and attempts to legitimize the profession are ongoing.
Accessibility lighting the way forward
Standardization of practice requirements, Semkowich says, would ensure a minimum desired level of education, insurance coverage, and a professional code of conduct. Most importantly, she says, it would ensure that both the public and the paralegal are protected.
“The Alberta Association of Professional Paralegals have been working diligently with various educationalinstitutions, government bodies, and our membership to adopt a similar model [to Ontario] in the coming years,” she says.
Lisa Trabucco, assistant professor at Windsor Law
“By permitting paralegals to provide some of those services at a reduced cost, the public will have better access to the services they require. Those paralegals that are providing the services must be properly qualified and regulated so the public is protected.”
Access to justice continues to play a centralized role, not just in legal professionals practicing at the highest standards, but for members of the public who require their services to obtain them without worry.
Lisa Trabucco, assistant professor at Windsor Law, says regulation is inherently a good thing, as it provides a standard of competence and accountability.
“It’s through an improvement of access to justice that paralegals are able to, in a lot of niche areas, serve very specific communities,” Trabucco says. “They could fill in gaps and expand their reach, as not everyone can afford to go to a big urban centre for legal support.”
Having a minimum standard of assurances, ethics, and practice requirements can serve communities in ways that lawyers traditionally haven’t, Trabucco says.
Down the line, she says paralegals should burst out from the current setup of their occupation, to deliver their own structured legal services.
“It’s a big marketplace,” Trabucco says. “At the end of the day, access to justice for the public leads to a greater level of attainable social justice for all members of each community.”
