R V. G.Y.L, [2009] O.J. NO. 3089 (SCJ – MCCOMBS)
Para 11: “Paralegals are now governed by the Law Society. They are trained professionals subject to similar if not identical standards of ethics and civility as are lawyers and students-at-law. Properly regulated, they make a significant contribution to the administration of justice. Interpreting s. 650.01 in a way that prevents them from attending court in cases like this one would impede rather than enhance the proper and efficient administration of justice. If the purpose of s. 650.01 is to be respected, the definition of counsel demands a broad interpretation that encompasses paralegals and lets them appear in the Ontario Court of Justice on indictable matters pursuant to a proper designation.”
3.0 – Conclusion.
Para 12: “When this matter came before the justice of the peace, the applicant’s interests were represented by a duly licensed and insured paralegal acting with the express instructions of the applicant’s lawyer. The s. 650.01 designation was properly placed before the court. The Justice of the Peace erred in holding that paralegals were not included in the definition of counsel in s. 650.01. There was no evidentiary basis for the issuance of a bench warrant and in doing so, he exceeded his jurisdiction.”
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Case Category: 3 - TRIAL ISSUES