Good morning, Madam Vice-Chair and members of the committee. Thank you for the invitation to appear here this morning.
I'm an assistant professor in the faculty of law at the University of Windsor. I'm also a lawyer. I've practised for 15 years. I'm a doctoral candidate. My research focuses on paralegal regulation and access to justice in Ontario. I recently authored two publications that address the topics of paralegal regulation and the regulatory scheme and the extent of independent non-lawyer legal service provision that exists in Canada. Much of it is authorized by statute, including immigration consultants. Previously, I taught for 10 years in college paralegal programs in Ontario.
I would like to address today the public interest mandate of the college of immigration and citizenship consultants act, specifically in proposed section 4. It's set out in part 4.
First, however, I would like to briefly situate this issue—the important issue, I think—of the regulation of immigration and citizenship consultants within the broader context of non-lawyer legal service provision.
It is clear that there is an important role in Canada for non-lawyers who provide legal services to the public, independently and for a fee. This committee has recognized that. The legislation recognizes that. Not only are the roles of non-lawyers well entrenched but they have also been authorized by statute at the federal, provincial and territorial levels, and in some jurisdictions, as far back as the 1800s. More recently, the Supreme Court of Canada has acknowledged the expertise of independent, non-lawyer representatives before administrative tribunals. In Ontario, paralegals have been licensed since 2007 as independent providers of legal services.
Studies have shown that non-lawyers are effective representatives in a variety of areas and practice settings—with appropriate training and experience. The regulation of paralegals has been successful in Ontario in providing effective consumer protection in the public interest. What is key is the design of the regulatory scheme. That design and that regulatory scheme matter.
It is also helpful to consider this committee's previous recommendation in the “Starting Again” report of 2017 that the mandate of any new regulatory body be a public interest mandate empowered to regulate and govern the profession. It should include protection of the public by maintaining high ethical standards to preserve the integrity of the system, to protect “applicants from exploitation by maintaining high standards of competence and encouraging reasonable fees for services rendered”.
With that in mind, I turn to proposed section 4 of the bill, which sets out that the purpose of the college is to regulate immigration and citizenship consultants in the public interest and to protect the public. The public interest is at the heart, or should be at the heart, of any regulatory scheme. The public interest is served by access to quality and affordable services provided by competent providers. Regulation in the public interest must therefore aim to ensure quality services, competence of those who provide those services and also address the cost of those services.
Part 4 already lists measures by which regulation in the public interest—and to protect the public—can or should be realized, including qualification standards. My concern, though, is that it does not contain specific language with respect to competence or cost of services. These are components of the public interest and access to justice. While they do appear elsewhere in the act in various places, I'm of the view that they should be upfront in proposed section 4 so it is clear they are part of the college's public interest mandate. I think that overall would strengthen the regulatory scheme.
If we look at competence, again the 2017 report recommended that the regulatory scheme ensure high standards of competence. As I've said, no such language is found in section 4. I think it should be and could easily be added.
Proposed section 44 of the bill does look at licensing, standards of professional conduct and competence established by a code of professional conduct. Proposed section 4 requires compliance with a code of professional conduct.
Compliance with a code of conduct is not necessarily competence. I think they need to be two separate things and competence needs to be set separately in proposed section 4.
I would recommend language such as one of the listed items, “ensuring high standards of competence of licensees”, being one of the measures by which the college would regulate in the public interest and to protect the public.
I am going to make a few brief comments with respect to fees charged by licensees. The 2017 report, again, had a recommendation that for any new regulatory body, mandates should include encouraging reasonable fees for services rendered. I appreciate that's difficult to do but, again, there is not even a mention of fees or costs of services in section 4 of the act. Again, I think there should be because affordability of services is one key component of access to legal services, access to justice in the public interest.
I would recommend adding another item to section 4 in that list, another subsection with language similar to this. Part of the college's mandate is “establishing reasonable fee guidelines to be charged by licensees”.
I argue in conclusion that fees and competence should be put in section 4 as part of the public interest mandate, in competence and cost of services, to make it clear that these are components of what regulation in the public interest and protection of the public entails.
With that, I appreciate being here, and I am happy to answer further questions you might have with respect to this matter.