R. v. K.P.D., 2015 ONCJ 88:
[24] By-law 4 enacted by the Law Society provides for classes of licences, and delineates the scope of activities authorized under each class of licence, as well as any terms, conditions, limitations or restrictions imposed on each class of licence. Paralegals like Mr. Llorente, hold a Class P 1 licence. This licence restricts the scope of legal services which the paralegal is authorized to provide[10]. A licencee who holds a Class P1 licence is authorized to do any of the following:
1. Give a party advice on his, her or its legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding.
2. Represent a party before,
i. in the case of a proceeding in the Small Claims Court, before the Small Claims Court,
ii. in the case of a proceeding under the Provincial Offences Act, before the Ontario Court of Justice,
iii in the case of a proceeding under the Criminal Code, before a summary conviction court,
iv. in the case of a proceeding before a tribunal established under an Act of the Legislature of Ontario or under an Act of Parliament, before the tribunal, …
[25] A "proceeding" means a proceeding or intended proceeding,
(a) in the Small Claims Court,
(b) in the Ontario Court of Justice under the Provincial Offences Act,
(c) in a summary conviction court under the Criminal Code(Canada),
(d) before a tribunal established under an Act of the Legislature of Ontario or under an Act of Parliament …
[26] Thus, in criminal matters, a paralegal may only give advice to a party with respect to a proceeding "in a summary conviction court under the Criminal Code (Canada)". A paralegal may only represent a party "in the case of a proceeding under the Criminal Code before a summary conviction court"[11]. In my view these restrictions preclude the holder of a Class P 1 licence from providing legal services in a Youth Justice Court.
[27] Firstly, proceedings in the Youth Justice Court are not proceedings "under the Criminal Code," they are proceedings under the Youth Criminal Justice Act. This conclusion flows from section 14(1)of the YCJA. Pursuant to this section, the Youth Justice Court has exclusive jurisdiction over the offence, and the young person must be dealt with as provided in the Youth Criminal Justice Act - not as provided in the Criminal Code. As Justice Abella states in R. v. S.J.L.,[12] Where provisions of the Criminal Code are "imported in to the YCJA", they "are deemed to be applicable only to the extent that they are consistent with the provisions and objectives of the YCJA.
[28] Secondly, a Youth Justice Court is not a "summary convictions court under the Criminal Code". The youth justice court is a specially created court, established under the Youth Criminal Justice Act. Under section 14(6) of the Act, for the purpose of carrying out the provisions of the Act, it has the jurisdiction and powers of a summary conviction court under the Criminal Code. Thus, while the Actprovides that Part XXVII of the Criminal Code (Summary Conviction Offences) will apply to trials under the YCJA, those provisions will apply only where they are consistent with the Act:(section 142).Section 14(6)does not constitute the youth justice court a court "under the Criminal Code."
[29] Finally, applying the principles of statutory construction to the regulatory scheme, I note that, although By-Law 4 refers to the Small Claims Court, the Provincial Offences Act, and proceedings under the Criminal Code, it contains no reference to the Youth Criminal Justice Act or the Youth Justice Court. This silence on the part of the Law Society must be presumed to be deliberate.
[30] Considering the foregoing, I conclude that pursuant to By Law 4, paralegals are not authorized or licenced to provide legal services including advice or representation, in proceedings under the Youth Criminal Justice Act. Such advice or representation is not within their permitted scope of activities.
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