The answer to this question often confuses people because the answer is both yes and
no. Paralegals can represent an accused when they are charged with a Summary
Offence that has a maximum sentence of 6 months or less. However, there is an
exception to this rule.
With the introduction of Bill-75, many crimes that once had a 6-month maximum
sentence (for example: assault) now have a maximum of a 2-year sentence. Because
these offences were once practiced by paralegals, paralegals can still provide
representation for these offences.
Here are a few examples of crimes in which a paralegal can assist you:
s. 266 – Assault
Assault is a common charge that can arise from various situations, such as physical
altercations or verbal threats that make someone fear for their safety. Many people
believe because assault now has a maximum penalty of 2 years less a day; you need a
lawyer to represent you. This is not entirely true. A paralegal may represent you if you
are being prosecuted through a summary, not an indictment. This is for the less serious
assaults such as bar fights.
s. 334 – Theft (in conjunction with) 334(b) – Punishment for Theft (under $5000)
Theft is another crime many believe paralegals can’t represent an accused
because of the maximum penalty. While grand thefts are out of the scope of practice for
paralegals, the lesser but more frequently used charge of theft under $5000.00 (also
known as petty theft) is a crime which you can have a paralegal represent you. This
charge is commonly associated with shoplifting, stealing personal belongings, or other
minor theft offenses.
s. 264.1(3) – Uttering Threats
Uttering threats may seem like something that would not be considered a crime as it is
something we tend to do sometimes in our day-to-day lives without even realizing it. You
may be in an argument and in the heat of the moment shout something along the lines
of “I’m going to kill you!” or “You’re going to get it when I get my hands on you!”.
However, utterances of that kind in front of the wrong person may lead to you being
charged with this crime quicker than you think.
s. 140(2) – Public mischief
This crime will often get lost on people because of the word “mischief”. What exactly is
mischief in relation to the Criminal Code of Canada? Well, it’s not as mischievous as
you may think. It could be something as simple as falsely filing a police report, smashing
beer bottles on a street, or punching a hole in someone’s wall.
s. 264(3) - Criminal Harassment
Criminal harassment involves engaging in behavior that causes someone to fear for
their safety or well-being. This can include repeated unwanted contact, stalking, threats,
or intimidation. Despite the serious nature of this offense, it happens a lot more often
than you would realize. Many also downplay the severity of this offence. Whether you
were pleading to a loved one, demanding payment or reimbursement, or just want your
voice to be heard, criminal harassment is still an offence under section of 264(3) of the
Criminal Code of Canada.
s. 66(1) – Unlawful assembly
Unlawful assembly charges stem from participating in gatherings or protests deemed
unlawful by authorities. With the political climate of today, there has been a lot more
protests happening in the province. People are protesting the cost of rent and the
current backlog of the Landlord Tenant Board (LTB). Intentional traffic stoppages (a
crime in itself) are being conducted to send a message to our leaders in respect to the
war and genocide of Palestine. You will still even see protests surrounding the
governments response to Covid-19 happen occasionally. While you may think you are
doing your part for change, you may be participating in a criminal offence, and you
could be charged.
Some other offences for which the services of a paralegal can be obtained include but
are not limited to the following:
• Section 162(5) – Voyeurism,
• Section 173(1)-(2) – Indecent act / Exposure,
• Section 282(1) – Abduction in Contravention of a Custody Order, and
• Section 126-127 - Disobeying a Statute or Court Order.
Why do I need a paralegal?
Perhaps the reason you are reading this is that you were charged with a criminal
offence, and you are wondering, “Is it worth it?”. After all, a lot of these offences are
minor offences. Your prosecutor may have presented you with a deal where you only
have probation or a suspended sentence. Being a first-time offender, this may sound
great; however, you will now have a criminal record. This can affect your life in many
ways, such as perhaps landing that dream job. It always best to seek legal advice and
representation.
If you have been charged with a summary offence, contact me to discuss what your
next steps should be.
About the Author
Tira Muise
Licensed Paralegal
AJ Murray Legal Services P.C.