Op-Ed: Advocating for Paralegal Regulation in Alberta

With the Alberta Association of Professional Paralegals (AAPP) conference and awards gala set for June 8-9, 2023, many things are top of mind. The conference and awards gala is the first in-person event that the AAPP has organized since prior to the pandemic so we are working hard to ensure this is an amazing event!  For more information, and to register for this event, please check out:  https://aapp.wildapricot.org/event-5140437

The past couple of years have been busy for the Association; and only 3 months into 2023, it is looking like that trend will continue.  The AAPP continues to look at the increasing access to justice issue in Alberta, and how regulation of paralegals can help bridge the gap for Albertans.

Access to Justice

Access to Justice Crisis describes a vulnerability in our society relative to individuals accessing support. Access to justice within the context of legal service relates to the accessibility of the legal system and ultimately achieving justice in our Province. The Courts are overburdened; there is an increasing amount of self-represented litigants before the Judiciary which exacerbates the burden on the Courts. Self-represented litigants are not prepared or able to face our legal system. They file incorrect documents, miss deadlines, make unsupported applications, and lack the knowledge to present evidence. Justice is at stake. The public often cannot access or achieve justice, even in dire circumstances. Matters of child protection, divorce and separation, criminal matters, and small claims are the highest occurring matters with self-represented litigants.

Many Albertans currently are unable to afford legal counsel and do not qualify for subsidized legal services. These Albertans are left to struggle on their own through the court system, trying to achieve just results. A properly trained, experienced, and insured paralegal can offer great support and assistance to Albertans within a determined scope, at a lesser cost. 

Legal services available to Albertans currently include privately retained legal counsel, Legal Aid Alberta, and community support services such as pro-bono clinics and student legal assistance.  Out of desperation, Albertans are turning to non-lawyer legal supports to assist them through their legal involvement. Many professionals with education, experience, and insurance can provide high-quality para-legal services to the public, and we believe this is essential to addressing the Access to Justice Crisis in Alberta. However, many individuals claim to provide para-legal services to the public without any related education or experience. The public is at risk of fraud and experiencing detrimental effects of faulty court proceedings. Ensuring the services being provided to desperate Albertans are professional, ethical, and insured is one goal the Alberta Association of Professional Paralegals aims to address. 

Regulation of Paralegals

The need for regulating the paralegal profession is long overdue. The barriers to accessing justice discussed above are increasing, as is the demand for alternative legal services. Individuals who are not educated or experienced as paralegals, who do not have professional insurance, and who do not answer to a governing body should not be in a position to provide legal assistance to members of the public. Legal action carries weight and often causes irreversible damages to individuals if executed incorrectly.  Criminal records, resulting from a failure to present relevant information in a criminal matter, affect employment opportunities, training eligibility, and travel. Failure to appropriately present information in family law matters can jeopardize children's safety and well-being.

There are far too many instances where the public is suffering harm, sometimes in an irreparable way.  Missed limitation dates, use of improper forms, and loss of tens of thousands of dollars are just a few examples of this harm.  Regulating the paralegal profession will prevent unqualified individuals from continuing to harm the public.  

Regulation will also provide the official support of the trade to build and maintain the reputation and confidence in paralegals. Having a professional college that one is accountable to, will help ensure that the paralegal services offered are ethical, professional, and appropriate.

Paralegal regulation serves the public interest by providing the option of affordable limited scope legal services to Albertans.  More and more reports are revealing that paralegals are capable of providing quality limited scope legal services and that regulation does, in fact, enhance access to justice.  We need only to look to Ontario, Saskatchewan and British Columbia for examples of this.

The AAPP takes the position that regulation of paralegals in Alberta is a viable solution to the growing access to justice issue in our Province.

Heidi Semkowich
President of AAPP

Heidi graduated with her legal assistant diploma in 1997, and her Paralegal Studies Diploma in 2015. She works full-time as an independent paralegal and is the president of the Alberta Association of Professional Paralegals. In 2020, Heidi obtained her legal coaching certification and has worked with self-represented litigants by providing legal information and assisting with document preparation.