As long as the Criminal Code limits agents' use to six months and there are no six-month offences, there's no good way through that.
The only possibility is having separate provincial regimes, but that doesn't work for a few reasons. First of all, as a law society, we believe in independence of the legal professions, and we think it would be wrong for the province, which is the prosecution arm, to also be the decision-maker on the scope of practice for the defence.
I used to think that our focus on independence of the bar didn't matter all that much, because we have a great, free and democratic society. As we look around, I think we should take greater concern about the frailties of our democratic freedoms and I think we should continue to focus on the independence of the legal professions from the state.
It would be possible to have the law society address who should be able to practise in the two-years-less-a-day category if you kept only that category. The problem is that we have designed a licensing regime, a training regime, for licensed paralegals that is based on offences up to six months, so the provincial government would have to rethink whether you change the nature of licensing, whether you have to have specialist licensing, whether you have to change education.... A myriad of different things would be necessary if the risk to the person was two years less a day as opposed to six months.
There would be the difficulty, and it may not be a surmountable difficulty, of creating a new class of paralegals who could do that work, but the other question is, why would you? There's no problem that needs to be addressed. We have a good system that works for the six-month category.