Guest Contributor: Should paralegals be allowed in family court? – Ontario News

Guest Contributor: Should paralegals be allowed in family court? – Ontario News


The Honourable Madam Justice Annemarie Bonkalo
Mike Hensen / The London Free Press

By Marshall Yarmus

If you are involved in a family court case in Ontario and cannot afford a lawyer, should you have the option of hiring a paralegal? Justice Annemarie Bonkalo was tasked by the attorney general and the Law Society of Upper Canada to study this issue and write a report.

The Family Legal Services Review report was recently released. It makes a number of recommendations to improve access to justice in family court. The most controversial of the recommendations was that licensed paralegals in Ontario should be able to obtain a specialized licence to be permitted to represent in family court on certain matters.

There are currently over 8,000 paralegals in Ontario licensed by the law society. Most work independent of lawyers. These are the people you call to fight traffic tickets, as well as to represent you in small claims court, at the landlord and tenant board, in criminal court for certain offences and at other tribunals.

The report states that 57 per cent of people go unrepresented in family court as they cannot afford a lawyer. Yet, they make more than the poverty wages required to qualify for legal aid.

The response to this report by some lawyer organizations and even some judges was predictable. They would have you believe that family law is too complicated for paralegals. Paralegals don’t have the education necessary to represent in court. Paralegals should be supervised by lawyers.

First and foremost, paralegals and the judge who wrote the report just want the people of Ontario to have access to justice. This issue is too important to you for…



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