Paralegals have the solution. What’s missing is the humility to hear it

The lack of legal resources — or rather, the lack of accessible legal resources. Access to justice rests on several factors, including the availability of legal professionals, the cost of legal services and court delays.

There is a real problem of access to professionals for files of more limited monetary value. Lawyers are often overloaded and, in that context, these files are unfortunately not always prioritized. Added to this is the disproportion that can exist between the value of the dispute and the legal costs required to assert one’s rights. For example, a file may involve an amount in dispute of $6,000, but the legal fees to help the litigant prepare the file and the procedure for filing in small claims court may be $1,200, $1,500 or $1,800, perhaps more, depending on the lawyer’s hourly rate and the time spent on the file. Let us remember that a lawyer cannot represent a client in small claims court, so these are only the costs tied to preparing the file ahead of the hearing.

This reality is a genuine barrier to access to justice: even when a citizen has rights to assert, it may simply not be economically viable to exercise them, and this applies to higher-value files as well. Some people end up abandoning their proceedings — not because their claim is without merit, but because access to the system is too costly or too difficult.

It is certainly an issue. Even though our justice system allows citizens to represent themselves in court, court procedure itself is not necessarily adapted accordingly. The law, the rules of procedure and the workings of the justice system can be complex and difficult to understand for someone without legal training.

This can lead to additional delays, but also to a great deal of stress and uncertainty for the self-represented litigant. It can also contribute to a sense of abandonment in the face of the justice system: we recognize the citizen’s right to represent themselves, but we do not necessarily give them all the tools to do it effectively.

I believe paralegals can be part of the solution for improving access to justice, particularly through their knowledge and their experience of the legal environment. I often draw the parallel with how the role of nurses has evolved in the health care system. The goal is not to replace doctors, but to allow different professionals to fully exercise their competencies in order to better meet the population’s needs and relieve pressure on the system.

I see the contribution of paralegals the same way: it is not about replacing lawyers or notaries, but about considering how our skills could be put to greater use to support citizens, help them navigate the system and, ultimately, assert their rights. I am convinced there is a world in which paralegals and jurists can collaborate more closely to make our justice system more accessible, healthier and more fluid.

The financial issue, without any doubt, and more broadly the lack of accessible legal resources. Citizens can find themselves utterly helpless before the justice system. For some, the legal problem they face represents one of the greatest ordeals of their life: a divorce, a dispute over child custody, a conflict with a neighbour or a landlord, or a family conflict following an estate.

In those moments, citizens want to understand their rights, to be supported and to be reassured. That support, however, comes at a cost that many simply cannot bear.

We must not forget all those who find themselves in a kind of grey zone of access to justice: their income is too high to qualify for legal aid, but not high enough to comfortably absorb several thousand dollars in legal fees. These are citizens who, on paper, have access to justice, but who, in practice, do not necessarily have the means to fully exercise their rights.

It is notably for this group that I think we must consider a better use of all the resources in the legal field, including paralegals, in order to offer different levels of support adapted to citizens’ needs and means.

Yes, absolutely. Access to justice in the regions is a visible issue. Outside the major centres, citizens must often contend with a more limited number of professionals and legal resources, the distance to courthouses, costly travel, and sometimes longer delays. These obstacles particularly affect vulnerable people, who often have more limited financial and technological means.

Regulating the practice of paralegals so that we can contribute fully to access to justice. I am convinced that with a clear practice framework and the powers needed to genuinely put our skills to use, paralegals could make a concrete difference for citizens.