History of the OPA: Insight into the Past, Focus into the Future

Question: What role does the Ontario Paralegal Association play in shaping the future of paralegals?

Answer: The Ontario Paralegal Association (OPA) advocates for the paralegal profession, promoting recognition and seeking expansion of their practice scope to provide affordable legal services. Join the OPA to enhance your professional growth and contribute to this evolving field.

Largest Association of Licensed Paralegals in Ontario

Created in 1995, we are the largest association of licensed paralegals in Ontario.  We are a community of professionals that listens to the concerns, advocates for, and addresses the needs of paralegals, with our primary focus being to promote, elevate, and draw attention to the services provided by the paralegal profession in Ontario.

Learning from the Past

Some 800 years ago, in 1215, a group of English Barons, seeking a clearer and fairer administration of justice, met with King John at Runnymede and convinced him to sign the Magna Carta (the Great Charter).  This marked the beginning of the common law legal system in England, which spread throughout the British Commonwealth.  A translated excerpt from the Magna Carta reads: "No freeman is to be taken or imprisoned...  save by lawful judgment of his peers or by the law of the land.  To no-one will we sell or deny or delay right or justice."

The Great Charter empowered members of the public and granted them the option to dispute the Crown’s actions by seeking help from recognized advocates and representatives, laying the foundation for the legal professions that would follow, including paralegals.

Learning from the Past (Contemporary Example)

Fast forward to the 1980s, a handful of visionaries in Ontario deemed it necessary to revisit the law and initiate significant changes.  In May 1984, Brian J. Lawrie, a fifteen (15) year veteran of the Metropolitan Toronto Police Department and the Essex Constabulary, founded Pointts Ltd. to represent individuals in Provincial courts for traffic offences.  This marked the start of the modern paralegal movement in Ontario.

By 1987, a landmark appellate court decision, R v Lawrie & Pointts Ltd, affirmed the rights of non-lawyers (agents) to appear in Provincial courts.  This led to paralegals representing clients in a variety of matters, including traffic, Small Claims, and tribunals, despite opposition from the Law Society of Upper Canada (now the Law Society of Ontario).

Challenges Faced by Paralegals in Ontario

• Legitimacy: Early efforts by paralegals were met with opposition from the Law Society, which challenged their right to practice law without a formal legal education.  This led to several court battles to establish their legitimacy.
• Lack of Self-Regulation: Despite recommendations from multiple task forces, including those headed by Professor Ron Ianni in 1990 and Justice Peter Cory in 2000, the paralegal profession failed to achieve self-regulation.  The profession was instead regulated by the Law Society.
• Limited Scope of Practice: Under Law Society regulation, paralegals face restrictions on the types of cases they can handle.  Their practice is primarily limited to Small Claims Court, Provincial Offences, and some tribunals, rather than broader civil or family law matters.

Detailed Analysis of the Paralegal Movement

Following years of advocacy and legal challenges, the Ontario government passed the Access to Justice Act in 2006, allowing paralegals to be licensed under the Law Society.  Although this provided a formal regulatory framework, it also limited the scope of practice for paralegals.  In 2008, Ontario became the first jurisdiction in North America to license independent paralegals, giving legitimacy to a profession that had long operated on the fringes of the legal system.

Despite initial opposition, the regulation of paralegals by the Law Society was seen as a victory for consumers, as it provided assurance of competence and accountability.  The establishment of paralegal rules and regulations similar to those for lawyers ensured that paralegals would operate within a structured framework, while maintaining a focus on affordable legal services for clients.

Benefits, Solutions, and Recommendations

• Regulatory Framework: The licensing and regulation of paralegals has provided a reliable, affordable option for individuals seeking legal representation, particularly in Provincial Offences, Small Claims, and certain tribunals.
• Expanding Scope: Efforts should continue to push for expanding the scope of practice for paralegals, especially in underserved areas of law where legal services are prohibitively expensive for many Ontarians.
• Advocacy and Professional Development: Paralegal associations must continue advocating for their members and promoting the profession, while providing ongoing professional development to ensure that paralegals remain well-equipped to serve their clients effectively.

Landmark Example: The Ontario Paralegal Association (OPA)

The Ontario Paralegal Association (OPA) is a product of the amalgamation of two major paralegal groups, the Licensed Paralegals Association and the Paralegal Society of Ontario.  On October 15, 2013, these groups signed a memorandum of understanding to initiate the process of amalgamation, creating a single, stronger organization representing the interests of paralegals in Ontario.  In 2014, the newly formed OPA held its first Annual General Meeting, and Stephen Parker was elected as the first President.  Today, the OPA continues to advocate for the profession, pushing for a broader scope of practice and enhanced professional recognition.

Conclusion

The paralegal profession in Ontario has come a long way, evolving from a group of traffic court agents into a licensed profession offering affordable legal services to many Ontarians.  While challenges remain, including limited scope of practice and a lack of self-regulation, the profession has grown significantly over the past few decades.  The Ontario Paralegal Association continues to play a key role in shaping the future of the profession.  To learn more, visit the opa.website website or click 'Contact'.