Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, we discuss whether non-lawyers should be allowed to practice law.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
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Non-Lawyers Practicing Law
The legal profession is regulated by law societies in Canada, but there are recognized circumstances where a non lawyer can act for a person. Those circumstances are essentially to give emotional support or assistance or to explain something to someone due to a language barrier or intellectual issue. It’s not the same as advocating for a position, presenting case law and doing legal work.
The question is where that line should be drawn? What circumstances does a non-lawyer giving support or assistance to someone before the court cross the line into legal work better suited for lawyers? Furthermore, is there a common law right for a non-lawyer to represent a person in court in the first place?
This is a question the Supreme Court of Canada could have clarified, if just to establish the extent and limitations on what people’s obligations are on helping people through he justice system. Because there are no clear guidelines, we have a situation where law societies are frequently prosecuting individuals for practicing law.