Last year, the Government of Ontario enacted legislation to regulate the paralegal industry. It outlines and enforces stricter educational standards on the profession and better defines what a paralegal can and cannot do in the court room.

The legislation, known as Bill 14, was put into effect on May 1^st, 2007 and allows The Law Society of Upper Canada, which regulates Ontario’s lawyers, to determine policy and administer paralegals in Ontario, for the first time in the province’s history.

Bill 14, dubbed as The Access to Justice Act, follows recommendations put forward by Attorney General Michael Bryant in 2004 in an effort to protect consumers from receiving poor legal advice.

“The Access to Justice Act will provide for paralegal regulation in order to give consumers a choice in qualified legal services while protecting people who get legal advice from non-lawyers. For the first time in Canada’s history, paralegals will be required to receive training, carry liability insurance and report to a public body that can investigate complaints.” (source: Ontario Government)

While The Ontario Bar Association has hailed the new legislation as an improvement to the justice system and thinks it will nullify court delays brought on by untrained paralegals, many trained paralegals are contesting the move.

The Paralegal Society of Ontario had been previously vying for self-regulatory measures, similar to those found in real estate, as they feel that regulations of their profession by lawyers is a means for them to get an edge over their competition.

Many paralegals also feel that the regulatory measures will force out non-advocacy paralegals who end up hurting the working poor, seniors, minorities and immigrants who are most inclined to seek legal advice and documentation for low fees from independent paralegals (source: Dawn Ontario).

Despite the protests, Bill 14 was enacted, with many independent paralegals and firms clamoring for exemptions or making last minute efforts to continue their services under the new guidelines.

At Legal Action, we will continue to report on the developments and controversies surrounding legislation and policy shifts effecting not only paralegals but also ability of average Ontarians to access legal services. Subscribe to Legal Action’s blog for details regarding paralegal services in Toronto.