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regional wrap-up Alberta law society wants feedback on paralegals T he Law Society of Alberta is looking for input from the public, lawyers, paralegals, and members of the justice system in the role that paralegals play in the delivery of legal services in Alberta. "We want to understand more about the role that non-lawyers play," says LSA president Peter Michalyshyn. Currently Alberta has two types of paralegals: those working under the jurisdiction of a lawyer, and independent paralegals who work without supervision. Under Alberta law, non-lawyers can handle cases set out in s. 106 of the Legal Profession Act, as well as select areas set out in the Criminal Code and Alberta's Rules of Court for limited representation. "This is really at the discretion of the court," says Michalyshyn. The LSA is leading an alternate delivery of legal services committee, which is part of a larger committee of the LSA, Alberta Justice, the courts, the Canadian Bar Association, and Legal Aid Alberta. The committee is looking at both alternative delivery of legal ser- vices and initiatives around unbundling or discrete retainers. Michalyshyn says a six-part study under the alternate delivery of legal services committee has been launched with the first phase, outlining key areas, now complete and posted on the LSA web site. An element that phase one has focused on is the viability of para- legal or non-lawyers to fill gaps in the delivery of services to middle-income earners who find lawyers too expensive but do not qualify for legal aid. The second phase now in effect is currently attempting to build a profile of the non- lawyers working in the industry. Michalyshyn says the focus of the study and any recommendations coming forward are intended to protect the "pub- lic interest" and "not trying to protect the lawyers' interests." Rather, he says, there should be assurances that non-lawyers providing legal services to sectors of the public not retaining a lawyer are also bound by the same standard to protect public interests. In Ontario, paralegals are now regu- lated by the Law Society of Upper Canada and must carry insurance. Michalyshyn says the intent of the study is not to paral- lel what has happened in Ontario, and the study may find that non-lawyers are oper- ating well enough and providing valued services and no recommendations are necessary. Alberta Justice will make the final decision on recommendations. — JEAN SORENSEN jean_sorensen@telus.net EDMONTON LAWYER PLEADS GUILTY TO ANIMAL ABUSE tion for one year, and banned from owning animals in B.C. for two years. Charges under the Criminal Code, recommended by the B.C. chapter of the Society for the Prevention of Cruelty to Animals, were stayed. The SPCA, in a release on its web site, said E Mackay was also ordered to pay $5,910.16 in res- titution to the society plus undergo counselling. The charges stemmed from a news story that captured headlines when snowmobilers found two horses trapped in snow and starving in December 2008 just outside the small B.C. town of McBride. The horses — a 14-year-old gelding and three-year-old mare — became the centre of a 12-day rescue mission as volunteers from McBride, population 750, shovelled a kilometre- long trail to bring the animals out of chest-deep snow. Mackay acknowledged that he had earlier used the animals to pack supplies to a friend in the backcountry but boggy conditions caused him to have to turn the animals loose. He said he returned several weeks later to rescue the animals but snow prevented him from getting the horses out and he left them. He said, while driving home from his rescue attempt, his truck and trailer rolled and he was injured, prevent- ing him from participating in the subsequent rescue effort. Mackay asked for the return of the hors- Last winter, residents of McBride, B.C. shovelled a kilometre-long trail in the deep snow to rescue two horses. 14 FEBRU AR Y 2010 www. C ANADIAN Law ye rmag.com es, however, the SPCA blocked his request and the horses, which suffered from rain scald and other medical conditions, have been placed in new homes. — JS dmonton lawyer Frank Mackay pleaded guilty in Prince George, B.C. pro- vincial court in December to causing distress to animals under the B.C. Prevention of Cruelty to Animals Act and was fined $1,000, placed on proba- PHOTOS COURTESY OF BIRGIT STUTZ