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w w w . C A N A D I A N L a w y e r m a g . c o m M A R C H 2 0 1 8 47 family law practitioners, have issues sometimes dealing with clients and their emotions," she says. "I don't think paralegals can handle it. "If they had the training that lawyers have, maybe they could, but that's why we're lawyers," McFarlane adds. "Family law is complicated enough, but I don't know how you can solve the problems associated with that by lowering the standards for people to be able to practise," says David Harris-Lowe, president of the Simcoe County Law Associ- ation and partner at Barrie, Ont. firm Barriston Resolution Services. He says the LSO proposal won't directly affect him because his family law clients are unlikely to consider hiring paralegals even if they had the option. "I recognize that there is an element of self-interest, at least to some lawyers," Harris-Lowe says. "But when I hear that judges are saying this is a problem, that's more concerning to me, because they don't have that self-interest. Their interest is in having cases resolved fairly and expeditiously in the court system." Members of Ontario's family law bench upped the volume of their objections after Bonkalo's March 2017 report recom- mended paralegals be allowed to provide legal services, with- out supervision by lawyers, in the areas of custody, access, simple child support cases, restraining orders, enforcement and simple divorces without property. A program of lawyer supervision would have no impact on the access to justice crisis in family law, she wrote, adding that "only licensed and independent paralegals can offer meaning- ful competition to lawyers." Despite initially favouring a blanket ban on courtroom appear- ances by paralegals in family law matters, Bonkalo explained that her mind changed during the consultation process. "As I continued to explore the issues and hear from dif- ferent communities, it became clear to me that precluding paralegals from appearing in court would be a disservice to clients," she wrote, noting that demand for help among unrepresented family law litigants peaks when they are called to appear in court. Provincial Court Justice Marion Cohen voiced her con- cerns with Bonkalo's conclusions to the Toronto Star, warning AS I CONTINUED TO EXPLORE THE ISSUES AND HEAR FROM DIFFERENT COMMUNITIES, IT BECAME CLEAR TO ME THAT PRECLUDING PARALEGALS FROM APPEARING IN COURT WOULD BE A DISSERVICE TO CLIENTS. ANNEMARIE BONKALO When you are looking for specialized legal counsel, turn to the resource that showcases peer-ranked Canadian legal talent. lexpert.ca/directory 2017 LAWYER ntitled-2 1 2018-02-12 10:03 AM hildview_CL_Mar_18.indd 1 2018-02-07 2:25 PM