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Attention: Editor in Chief.
Article By:
KIRK MAKIN
JUSTICE REPORTER
Wednesday, April 24, 2002 - Page A1 The Globe and Mail

At the Honourable Justice Peter deC. Cory review that resulted in a report titled "A Framework For Regulating Paralegal Practice In Ontario", I personally made oral submissions at the hearing and I am the Treasurer of the Paralegal Society of Canada (PSC), and the President and CEO of Par-O-Law Canada Inc. I take exception with virtually all of the report in Wednesdays Globe and Mail written by Kirk Makin, and would like to point out the following flaws:

1. Quote: "It is the first time we have managed to get all the players to the table and arrived at a consensus." This is erroneous to say the least.
There have been endless meetings and reviews that have cost in excess of Ten Million ($10,000,000.00) over a period of some Thirteen years. Starting with Dr. Ianni, then president of the University of Windsor, made a comprehensive study in 1989 and 1990. The Law Society of Upper Canada has been trying to kick paralegals out of the court system for more than 30 years, as the public demanded an alternative to overpriced lawyers. The Honourable Peter deC. Cory released his report on May 31, 2000 after hearing submissions from a very long list of stakeholders.
To suggest that this is the first time that anyone has managed to get all the players together is a flat out lie.

2. Quote: They (paralegals) typically appear in courts and tribunals to deal with traffic offences, land- use regulations or other low-end legal work.
Paralegals work for Federal Government Offices; Provincial Offices; Municipalities; (As Crown Prosecutors in Provincial Offences Courts); Family Court; Immigration and Refugee Boards and Tribunals; Insurance Claims; Defence of Criminal Offences and Criminal Pardons; Bankruptcy and Insolvency Act matters with claims in the Millions of dollars et cetera.
What world are you people living in???

3. Quote: "Currently, no formal training is required".
For years paralegals have been taking courses at community colleges and taking further training with paralegal organizations across the province. They specialize in a particular area of practice and are quite proficient in those areas. Not all paralegals are conscientious and fully proficient in the chosen field thus there is a need for regulation. Paralegals have formed Societies such as Paralegal Society of Canada (PSC) and The Paralegal Society of Ontario (PSO) for the precise purpose of regulating themselves for the protection of the public.

To suggest that the Law Society of Upper Canada should or even could be the policing force for paralegals is utterly preposterous and both Dr Ianni and The Honourable Justice Cory agree. The Law Society has their own agenda for this framework and if allowed to succeed they will do an injustice to the people of Ontario so bad, that fair, and reasonably priced access to the courts will be a thing of the past.

The Law Society has no respect for paralegals whatsoever, and have done everything in their power to discredit them for years, why this would be like putting an abused child back into the abusive family home.

4. "I think the war will be over," predicted Paul Dray, president of the Professional Paralegal Association of Ontario.
No harm to Paul Dray, but as Kirk Makin quotes "The plan was hammered out over the past few months by top-level representatives from the law society, the Ontario Bar Association, the Advocates' Society, the province's 47 county and district law associations, and Mr. Dray's organization No mathematics needed here, you can see at a glance that Mr. Dray's organization was outnumbered. More to the point, Mr. Dray's organization, the Professional Paralegal Association of Ontario. (PPAO), has only one mandate from those that support him and that is "Never, under any circumstances, are you to agree to any governance other than self-governance for Paralegals.
Anything other than this will never be agreed by paralegals.

I sat in on the founding of the PPAO and was disgusted with what they were proposing to do. The plan was to negotiate behind closed doors with the Law Society and the Attorney General's Office. Without letting the membership know the details they would usher through an agreement with the Law Society to license paralegals. Bad as this was there was no mention of being governed by the Law Society. As a result of this meeting, I refused to be part of their scheme to deprive the membership of full disclosure, which I knew would adversely affect the public at large. Later I tabled a motion at the PSO annual general meeting in 2000, that no further funds were to be made available to the PPAO from the PSO. This motion carried unanimously and if the PPAO has continued as though they represent all paralegals they have misrepresented themselves.

Paul Dray's organization is a farce and not representative of the demands of paralegals. I have just spoken with the President of the PSC, Sam Rad, and the President of the PSO, Bob Hotrum, and both of them tell me that the PPAO does not speak for all the members of their organization, and yet, by any standard, these two groups make up the majority of organized paralegals in Ontario. I can assure all who have negotiated this backroom deal that

THE WAR HAS JUST BEGUN.

5. Quote: "Legislation would be passed by the province placing paralegals under the authority of the Law Society of Upper Canada." In a word "NEVER"

6. I have just initiated the following joint paralegal and public petition:

Click here to read text of petition and download your copy for collecting signatures

NB. I will inform you of our upcoming Town Hall meetings across the Province.

Yours truly,

________________
William (Bill) Lutton. PLL.
President and CEO Par-O-Law Canada Inc.