**UPDATE REGARDING C-75**
The Law Society Benchers, at the September 2019 Convocation, passed a motion that to preserve (as closely as possible) the range of services currently provided by regulated agents, in response to the enactment of Bill C-75:
a) with respect to paralegal scope of activities, the following two-stage approach:
i. amending By-Law 4, in principle, to establish a scope for criminal matters
comprised of the following:
1) all offences that were punishable by a maximum penalty of six months’ imprisonment when proceeding by summary conviction at the time that Bill C-75 was enacted; and
2) four offences that had been within agent scope since the onset of regulation but were amended by Bill C-46, and as a result of which were no longer within scope as of December 17, 2018: specifically, sections 320.13(1), 320.16(1), 320.17, 320.18(1) of the Criminal Code; and
ii. continue to review and develop the scope of activities for paralegals in criminal law matters, taking into account education and training standards and competency development in this field before Bill C-75 comes into force.
These were the recommendations as laid out in the Paralegal Standing Committee Report for September 11, 2019 Convocation
In March 2018, the Federal Government introduced 1st Reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.
FOLA's Concerns with C-75
Nonwithstanding some improvements, FOLA shared the concerns of the Criminal Bar Association and focused our submission on three key areas:
1. Restricting Preliminary Inquiries;
2. Eliminating jury peremptory challenges; and
3. Allowing routine evidence to be admitted by affidavit
FOLA believes that access to justice in the criminal sphere includes access to both procedural fairness and a strong presumption of innocence. While work needs to be done to modernize the system and allow for alternative methods of discovering witnesses and minimizing the adversarial process in certain types of cases, engagement of the practicing bar will be key in ensuring the greatest gains are made in reforming the system. FOLA strongly encourages a review of the suggested changes and revisions to better achieve the ends sought, namely a fair and efficient criminal justice system.
Our submission to the Federal Government's Standing Committee on Justice and Human Rights can be found here.