iv ONTARIO REPORTS OCTOBER 11, 2019
Notice to the Professions
Convocation preserves criminal law
scope for regulated agents in response
to Bill C-75
On September 11, Convocation approved a motion to preserve and
clarify the scope of criminal law representation by paralegals, lawyer
licensing candidates and law students (agents regulated by the Law
Society), in preparation for Bill C-75.
The legislation, which came into force on September 19, increases
the default maximum penalty for summary conviction offences
under the Criminal Code from six months imprisonment to two years
less a day.
The first step of the Law Society’s two-stage process amends By-law
4, which sets out the paralegal scope of practice, and the Rights
of Appearance documents for lawyer licensing candidates and law
students representing individuals on summary conviction matters.
The amendments, effective September 19, preserve the approximate
“status quo” scope of activities, limited to the list of summary
conviction offences punishable by a maximum of six months
imprisonment, prior to Bill C-75.
The second stage involves the continuing review of the scope of
activities for paralegals in criminal law matters. The Law Society
intends to proactively address any risk associated with increased
penalties through measures to maintain and enhance competence,
such as targeted CPD programming.
For more information, see the September Convocation materials.