The Role of Paralegals in our Justice System

Paralegals handle a variety of legal tasks depending on the jurisdiction in which they are located.

Common paralegal tasks include:

• Legal research on statutes, regulations and case law to support the work of lawyers.
• Drafting legal documents, including pleadings, contracts and agreements.
• Communicating with clients and gathering information.
• Assisting in the management of cases, including organizing documents and scheduling appointments.
• Filing documents with the court.
• Administrative tasks, such as maintaining files and handling correspondence.

Each province and territory has regulations concerning the education a paralegalSomeone who performs a limited range of legal services requires and what their scope of practice can be.

British Columbia: “Designated paralegals” can perform a range of duties under the direct supervision of a lawyer. That includes giving legal advice to clients and appearing before tribunals or at family law mediations. Changes are being considered to give them a wider scope.

Alberta: Paralegals can deal with certain legal matters, such as preparing legal documents, but only lawyers can give legal advice or engage in the practice of law. Paralegal regulation was discussed in 2012, but the matter was not pursued.

Saskatchewan: Paralegals are unregulated, but changes are being considered. They must work under the direct supervision of a lawyer and not engage in activities that could be construed as unauthorized practice of law. A task force in 2017 recommended expanding the list of exceptions to the unauthorized practice of law as well as granting limited licences to paralegals on a case-by-case basis.

Manitoba: Paralegals are unregulated, but changes are being considered. They must work under the supervision of a lawyer.

Ontario: Ontario is the only jurisdiction that fully regulates paralegals. After completing paralegal courses, they can be licensed and independently represent clients in small claims court, family law matters, traffic court, some criminal matters and before tribunals. They can also appear at the Provincial Offences Court and do notary work. Ontario’s paralegals can operate independently, provided they adhere to limits set out by the Law Society of Ontario.

In Ontario, licensed paralegals may represent people in certain summary-conviction matters permitted by the Law Society of Ontario. Criminal Code s. 802.1 generally limits the use of agents where the summary-conviction maximum is more than six months, but it also recognizes provincially approved programs or criteria. Whether a paralegal may act therefore depends on the offence and the current Ontario authorization, not only on the maximum sentence.

Ref Paralegal Regulation in Ontario, Canada: A Northern Experience

Quebec: Paralegals prepare documents and conduct research for lawyers and other professionals, with their work supervised by lawyers.

New Brunswick: Paralegals must work under the supervision of a lawyer and avoid activities that could be seen as the practice of law.

Nova Scotia: Paralegal work must be under the direction of a lawyer.

Prince Edward Island: Paralegals cannot engage in activities that constitute the practice of law.

Newfoundland and Labrador: Paralegal work must be supervised by lawyers, and they cannot give legal advice.

Northwest Territories/Yukon/Nunavut: Paralegals have no formal regulation in any of the three territories, with paralegals working under a lawyer’s supervision.