Tags
article, attorney, best, blog, canada, differences, different, information, joseph basaran, law, paralegal, the paralegal society, top, united states
This is an introduction to our new series entitled: “Paralegals from Around the World.” Here at The Paralegal Society, we plan to feature articles from paralegals here and there — and darn near everywhere! It will be a fun and educational journey for all of us. So buckle up, TPS readers…today…we’re off to Canada!!
By: Joseph Basaran (Guest Blogger)
The U.S. and Canada are basically brother countries because they share the same soil; same people (European settlers), speak the same language and use almost the same legal system for that reason. What divided them in the past was that the European settlers in above North American states (Niagara, Alberta, Saskatchewan, Manitoba, B.C, Ontario etc.) did not agree with their brothers to make the continent one country because they wanted to stay loyal to the King of England.
For that reason, the U.S. created its own independent legal system from England. Their brothers in Canada continued to use the English legal system, but in 1876, they said that is enough, we are creating our own declaration of independence (the Constitution Act of 1876 and 1982), which separated England and Canada. Ever since, paralegals have played huge roles in the legal system of both sides of the U.S and Canada, by sharing the job volume with attorneys.
Until 2006, paralegals were working on their own as agents in Ontario and courts had the right to expel them from hearings if they believed that an agent was incompetent. Some public members were misled by unregulated agents because there were no organizations that they were accountable to and thus, they did not have worry about the quality of their work.
However, many of paralegals (agents) were doing a decent job and interestingly representing the public in the wide variety of matters, including family and immigration matters. In 2006 -2007, Government passed a bill called “Access to Justice Act” and begun regulating paralegals.
The first batch of experienced and senior paralegals were given an opportunity to become licensed by the law society without being mandated taking academic education because of their substantial experience in the field. However, afterwards, all new paralegals are asked to complete paralegal education, pass reference check, submit articling hours and finally pass paralegal bar exam offered by the law society. If you are successful, you will be given a picture law society ID just like lawyers are given and a wall law society license, which is quite cool.
In Ontario, licensed paralegals can proceed before Small Claims Court, State Offences under criminal code of Canada, and any tribunal established under either a federal or state Act, and Immigration matters.
In order to be a paralegal, a person must complete an accredited institution program and submit their hours and marks to the law society for their paralegal bar examination.
Mr. Basaran attended Everest College of Toronto from 2007 to 2008 where he received a diploma with Honours in Paralegal Studies and a perfect attendance certificate. During his study at Everest College, Joseph was accepted by Toronto Police Service, legal services branch and a private law firm as a student paralegal to complete his internship
In 2008, Joseph successfully passed his paralegal licensing examination. In January 2009, Mr. Basaran established his own company called “the Paralegal Office of Joseph Basaran”, in Toronto. In 2010, Joseph completed his continuing academic education with the University of Toronto, in leadership essentials program with 95% average. In 2011, Mr. Basaran begun teaching paralegal program at colleges in Ontario and still continues this honorable position with passion. In addition, Mr. Basaran has extensive law enforcement background for over nine years’ experience with government and private security agencies.
______
Just imagine seeing paralegals in action in the courtroom. How exciting!
Be honest…did you realize that Canadian paralegals can actually represent clients in a court of law? Before reading this piece, did you realize there was such a substantial difference between paralegals in the U.S. and Canada? What are your thoughts TPS readers? We’d love to hear from you! Please leave a comment or share a thought.
A special thank you to Joseph for sharing this article with us. We look forward to joining all of you for another journey around the world soon!
The Paralegal Society™ 
Excellent article, very interesting and enlightening. I did not know how much paralegals could do in Canada.
Also, I think this series of articles is going to be very interesting. This is what I like about TPS – one of many things I enjoy about TPS – it is not just the usual “blog” headlines and comments, TPS brings so very much more to the table!
Thank you Joseph for writing such an excellent article. Thank you Jamie as always for your far reaching and great ideas to share with us so much more on paralegal.
Yes, I did know that Paralegals can represent clients in court in certain legal matters in parts of Canada because I have done some research during my quest to becoming an independent paralegal. Its so difficult in the US with all of the UPL regulations. I sometimes find my work mundane and uninteresting, but then again I do work in a small firm doing transactional Real Estate.
In July 2011 New York proposed a bill the would license and regulate paralegals, providing for more recognition for the profession. I personally think this is awesome since I actually have a Bachelors degree in Law and Paralegal Studies and have been faced with menial job offers in the past. I have also made various observations that indicate the field needs more regulation to provide for more recognition regarding the level of education required to perform everyday real legal work.
See the bill below.
A08532 Memo:
BILL NUMBER:A8532
TITLE OF BILL:
An act
to amend the education law, in relation to requiring licensure for
the paralegal profession
PURPOSE OR GENERAL IDEA OF THE BILL:
Requiring licensure for the paralegal profession.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: The education law is amended by adding a new article 167 to
read as follows; the board of regents upon the recommendation of the
commissioner shall establish a program to require the licensure of
paralegals practicing in this state. The program shall define the
scope of paralegal practice, establish license application fees and
license renewal fees and create an independent board to adopt rules
and regulations.
JUSTIFICATION:
Every year more and more attorneys are allowing their paralegals to
work extensively on important and complex cases: Cases that impact
the life of their clients and other people involved. Some of these
paralegals tend to commit errors that could lead to nightmares for
the clients. This legislation would require paralegal to have the
qualification necessary in order to provide improved and more
professional services to clients of attorneys.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.
EFFECTIVE DATE:
This act shall take effect on July 1, 2011.