Canadian Lawyer

48 M A R C H 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m that "paralegals will squeeze the lawyers out and the quality of justice in the Ontario Court of Justice will suffer" if they are implemented. In his submission to the LSO, Justice George Czutrin, a senior judge of the Superior Court's family branch, said it was "unfortunate" that Bonkalo's report gave so little weight to the concerns "experienced [by] family justice partici- pants," adding that allowing paralegals to provide family law advice was not the answer to challenges in the system. "In fact, it is much more likely to cause its own set of problems without adding real value," Czutrin wrote. Kavita Bhagat, a family lawyer in Brampton, Ont., says any attempt to hive off parts of family law as acceptable for paralegals to practise is doomed to failure because of the dynamic nature of disputes. In any case, she says, Bonkalo's report put too little emphasis on alternative methods of dispute resolution. "Paralegals are attractive to the attor- ney general because it's a very easy solu- tion to propose," she says. "But it's also a Band-Aid solution that ignores the real problems of family law." At the law society, Howard Gold- blatt, chairman of its access to jus- tice committee, won't be tied down to any deadline for implementing the new paralegal licence or reporting back on its possible future expansion. But the process will give paralegal critics another chance to make their case. "We want to ensure that those who have views and voices are heard," he says. "Ultimately, the law society's job is to regulate in the public interest, and that is what will prevail, as opposed to any stakeholders on either side of the debate." Julie Macfarlane, a law professor at the University of Windsor and director of the National Self-Represented Liti- gants Project, says Ontarians are lining up to use paralegals in family law. She's frustrated both by the glacial pace of developments and the arguments of family lawyers, which she calls "elitist." "There has been a lot of bad talk about paralegals, which I think is unfair. It seems disingenuous to suggest that nobody but lawyers can do this work," Macfarlane says. Still, she's puzzled by the vociferous- ness of the bench's opposition to Bonka- lo's recommendations. "I would have thought that it would be better for them to have someone representing a party than nobody," Macfarlane says. "The underlying problem is the cul- ture that says lawyers have to have their hands around everything. There's a tre- mendous resistance to loosening the grip," she adds. Even in jurisdictions that have embraced family law paralegals more openly, Macfarlane says, there is evi- dence of lawyers and law societies inhibiting their progress. For example, the Law Society of B.C. allows designated paralegals to offer family law services under the supervi- sion of a lawyer. However, the law soci- ety was forced to abandon a pilot project allowing paralegals into the courtroom when only three lawyers took advantage L E G A L R E P O RT \ FA M I LY L AW Federation of Law Societies of Canada Please join us for the 30th Anniversary of the National Family Law Program Vancouver British Columbia July 9 – 12 2018 On Line Registration is Now Open For more detailed program information including registration instructions and fees, link to the Marriott parq Hotel room block and ongoing program updates visit: or then click on the link to the National Family Law Program Space is limited. If you are planning to attend please register for the program and book the hotel early to avoid disappointment. All questions about the program can be directed to Heather Walker, Program Coordinator e-mail: nationalfamilylawprogram@sympatico.ca edLawSocieties_CL_Mar_18.indd 1 2018-02-07 3:39 PM

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