The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50805
nor elected members of the legislature should lobby on behalf of any candidate. The justice minister did reserve the right to consult others on recommended can- didates without later disclosing whose opinions he would seek, arguing that is necessary to observe a balance between transparency and confidentiality. Pierre Michaud, former chief justice of the Quebec Court of Appeal who is counsel and mediator with Ogilvy Renault LLP in Montreal, recently spoke on the Bastarache recommendations at a conference at the faculty of law at the Université de Montréal. Michaud quali- fied Fournier's decision to employ the services of the Office des professions for the choice of the member of the public on the three-member selection commit- tee as "a very good idea." "This takes away political tempta- tions — if I can use that word — of the appointment of someone of the (rul- ing political) party and makes it a very strong committee," said Michaud. "The problem was what happened afterward and there is one recommendation of Bastarache that was the most important and that was that the committee should remit a list of only three names. The shorter the list, the less possibility [there is] of political intervention or influence thereafter." A spokesperson for Fournier said it has not been decided whether further changes will involve a change to the law or not and if there will be restrictions on the number of final candidates. — KATHRYN LEGER kathryn.leger@videotron.ca Canadian Lawyer's 2011 LegaL Fees suRvey Fill out our short survey for a chance to win a Kobo e-reader & matching Roots leather cover at most requested survey takes just minutes to complete, , and will provide valuable information about what the nation's lawyers are charging for many common transactions and legal services. Survey closes April 15 www.CANADIAN Lawyermag.com A PRIL 2011 9 FAMILY LAWYERS CONCERNED OVER LSUC PARALEGAL REVIEW F amily lawyers are concerned after the Law Society of Upper Canada said it would use a decade-old report that backed paralegal calls to practise in that area as the basis for a promised review of the scope of their practice. Former Supreme Court justice Peter Cory's 2000 paralegal report is "the only public analysis that exists with respect to the issue," says LSUC CEO Malcolm Heins. Treasurer Laurie Pawlitza told benchers in February that the activities identified by Cory would form the starting point of a review promised at last year's annual general meeting. The report, prepared for then-attorney general Jim Flaherty, recommended that paralegals be allowed to practise in a number of realms from which they've been barred since the law society began regulating them in 2007. Cory said paralegals should be able to act in simple, uncontested divorces and suggested Legal Aid Ontario should fund them to act in a role similar to duty counsel in family court. Tom Dart, former chairman of the Ontario Bar Association's family law section, says he'd be uncomfortable with allowing paralegals to practise in family court without a mechanism for verifying their qualifications. "I would be very concerned about just opening it up broadly and saying you can do whatever you want because you're a paralegal. That would be extremely dangerous for the public because there would be a tendency that people would do things when they don't know what they're doing. Family law is unfortunately a complex area. . . . There are just too many issues that can crop up." Marshall Yarmus, the paralegal whose motion at the annual general meeting last year sparked the commitment to a review, says Cory's report is a "good starting point." Chris Surowiak, president of the Paralegal Society of Ontario, says: "The public needs assistance within many aspects involving family law and the public can only benefit in using the professional services of a paralegal in this area." But Cynthia Mancia, co- chairwoman of the Family Lawyers Association, isn't so sure. "The biggest underlying theme of justice Cory's [report] was access to justice, and I think it's a mistake to equate expanding the use of paralegals as an answer to the existing well-documented access-to-justice [issues] that exist," she says. "There is a perception out there that paralegals can provide the same services that lawyers provide but more cheaply. The fear family lawyers have is that that perception isn't grounded in reality." Pawlitza moved immediately to assuage fears that Cory's conclusions would affect the law soci- ety's own decisions as she announced his report as the starting point. "I want to stress that by using these activities as the starting point, we're not predetermining any part of the analysis," she told benchers. LSUC staff will consult with key players in the areas identified to see whether the access- to-justice issues Cory found still exist, said Heins. "We'll either be revalidating Cory's views or in fact determining that those services he identified maybe aren't relevant anymore over 10 years later." Heins said he hoped to have a report before Convocation in the fall to then put it out for a wider public consultation. — MICHAEL MCKIERNAN michael.mckiernan@thomsonreuters.com It's back C anadian www.c L wy wy anadianla a er's erma g.c om/surv e y s