Tuesday, July 28, 2009

Paralegals can appear on designations

The unreported decision of L(GY) v Regina (July 21, 2009 per McCombs J) holds that a licenced paralegal may appear as agent for counsel under a duly executed designation under s. 650.01 of the Criminal Code. (Students at law have long been permitted such attendance.)

This result is somewhat counter intuitive as paralegals are not generally entitled to appear on indictable matters.

That said, I am told that paralegals commonly appear before Justices of the Peace to set dates pursuant to designations.

Accordingly this decision clarifies the paralegals' right of attendance.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

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