Can a Paralegal Defend You on a Criminal Charge in Ontario?
Sometimes — and the line is more precise than most people expect. Whether an Ontario paralegal can defend a Criminal Code charge turns on a six-month rule, a...
Frequently Asked Questions
Can a paralegal represent me on an assault or theft charge?
Do not assume either way. It turns on two things: whether that specific offence appears on the Law Society of Ontario's list of permitted Criminal Code summary conviction offences, and whether the Crown is proceeding summarily rather than by indictment. Ask the paralegal to check the LSO list against your actual charge before you retain them — a straight answer is the mark of a competent one.
What happens if the Crown proceeds by indictment?
Then a paralegal cannot act, full stop — even if the offence would otherwise be within scope. Many Criminal Code offences are hybrid and the Crown alone chooses how to proceed. If the Crown elects to proceed by indictment, you need a lawyer. Two people charged with the same offence can need different representation purely because of the Crown's election.
What is the six-month rule?
Section 802.1 of the Criminal Code says an agent (a paralegal) cannot defend a summary conviction offence carrying a maximum penalty of more than six months in jail, unless authorized under a provincially approved program. Bill C-75 raised the default summary maximum to two years less a day in 2019, which would have gutted paralegal scope — so the Law Society amended By-Law 4 the same day to preserve it through a defined list of permitted offences.
What criminal-adjacent charges can a paralegal always handle?
Provincial offences, which is where most charges actually live: Highway Traffic Act matters (speeding, careless driving, stunt driving, distracted driving), Provincial Offences Act charges, liquor and cannabis offences, and municipal by-law charges. Stunt driving, for example, is provincial — not a Criminal Code charge — and a paralegal can take it from start to finish.
How do I check whether a paralegal can take my case?
Ask them point blank whether your offence is on the LSO's permitted list and how the Crown is proceeding, and verify their licence in the Law Society of Ontario's public directory at lso.ca/directory. A paralegal who cannot answer the scope question clearly, or who takes your retainer without checking, is a paralegal to walk away from.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email general@legalassist.london for a free consultation.