Bachelor of Applied Arts (Paralegal Studies) Submission to the Ontario Postsecondary Education Quality Assessment Board

Transcription

1 Bachelor of Applied Arts (Paralegal Studies) Submission to the Ontario Postsecondary Education Quality Assessment Board Applied Degree Programs Ontario Colleges Of Applied Arts And Technology Date of Submission: December 3, 2001

2 COLLEGE AND PROGRAM INFORMATION 1.0 SUBMISSION COVER 1.1 Name of Institution: Humber College Name/Title of Contact Person: Rick Embree Dean, Planning and Development Contact Information: Humber College 205 Humber College Boulevard Toronto, Ontario M9W 5L7 Tel: , ext Fax: Title of Program: Bachelor of Applied Arts (Paralegal Studies) Date of Submission: December 3, 2001 Paralegal Studies Section 1 - Page 1

3 1.2 Program Strengths The Applied Arts program in Paralegal Studies is built on the strong foundation of Humber College s extensive experience in delivering law programs. Humber College is a leader in law-related studies at the Community College level offering full-time diploma programs in Court and Tribunal Agent, Law Clerk and Police Foundations, and a certificate program in Law Firm Profile Office Administration. There are 94 students enrolled in the two-year Court and Tribunal Agent program, and 235 students enrolled in the two-year Law Clerk program. The law faculty for these two programs consists of six full-time professors and seven partial load teachers who are required to have postgraduate law degrees and experience in the practice of law. Two faculty members, including the co-ordinator of the program, have doctoral degrees in addition to their LL.B. degrees, and several faculty members have masters degrees. Of particular relevance to the Court and Tribunal Agent program is the fact that three members of the faculty are Deputy Judges of the Ontario Small Claims Court which is an important area of practice for paralegals. Having both strong post-graduate educational backgrounds, and handson experience in the practice of law, the law faculty is well situated to deliver the breadth of courses required in the Applied Arts degree in Paralegal Studies. The proposed Bachelor of Applied Arts program in Paralegal Studies will have the strong foundation of a law faculty experienced in teaching the core subjects comprising paralegal studies. These courses consist of Small Claims Court I and Small Claims Court II, Landlord and Tenant Law, Provincial Offences, Immigration and Refugee Law, Administrative Tribunals and Debtor/Creditor Rights. Collectively, these courses cover the recognized subject areas of paralegal practice. Related skills courses are also being taught including Evidence, Advocacy, Legal Research, and Negotiations, Mediation and Arbitration that build on the substantive knowledge acquired in the Court and Tribunal Agent program. The vital teaching experience developed in the delivery of these courses provides an invaluable base upon which to build the Applied Arts program. Humber College has the benefit of an existing network of some 120 employers who accept our Court and Tribunal Agent students for a four-week full-time co-op placement in their final semester. These employers include independent paralegal professionals, advocacy groups for the elderly, for the disabled and for accident victims, municipal legal departments, court offices, administrative tribunal offices, community legal clinics, business search offices, and investigative agencies. The support of these employers for our program is demonstrated by their continued, active participation in the co-op program, and through their ongoing hiring of our graduates. These employers provide a strong foundation for building a full semester paid co-op placement component for the Applied Arts program. Paralegal Studies Section 1 - Page 2

4 2.0 EXECUTIVE SUMMARY 2.1 Executive Summary Economic Need According to Job Futures 2000, a survey of labour market trends in Canada, prepared by Human Resources Development Canada, there is strong growth forecasted in the paralegal field. In 1998, there were 30,000 paralegals, legal assistants and law clerks working across Canada, being an 82.4 per cent increase from The unemployment rate averaged only 2.1 per cent from 1996 to 1998, compared to the national average of 6.0 per cent. This rate is among the lowest for technical, paraprofessional and skilled occupations, and for occupations in the social science, education, and government service. Their average earnings are also among the highest for technical, paraprofessional and skilled occupations. Seventeen per cent are self-employed, and the proportion of self-employed workers in this occupation has increased significantly over the last 10 years. Independent paralegals provide legal services directly to the public for a fee, in areas of practice allowed by provincial legislation. HRDC rates the opportunities for paralegals to be good as competitive pressures force the substitution of paralegals for more highly paid lawyers. Clients are increasingly discovering that properly trained paralegals are able to meet many of their lawrelated needs in a cost effective manner. The need for paralegals was further reflected in the report on paralegals prepared by Mr. Justice Peter Cory for the Ontario Ministry of the Attorney General. In his report entitled A Framework for Regulating Paralegal Practice, Mr. Justice Cory stated that paralegals have a significant role to play in Paralegal Studies Section 2 - Page 1

5 increasing access to legal services. In receiving the report, the then Attorney General, Jim Flaherty, affirmed the Ministry s priority of ensuring that the justice system continues to be accessible to ordinary people. Paralegals perform important advocacy services for clients appearing before specialized boards and tribunals such as the Ontario Rental Housing Tribunal and in the Ontario Small Claims Court. The disputes and amounts involved in the proceedings may not justify the retention of a lawyer but are significant enough to require proper, efficient representation. Accordingly, paralegals are part of the solution in ensuring meaningful access to justice. Three methods were used to determine economic need: a review of current literature related to the paralegal profession, an internet search of labour market data, and an employer survey. Recognition of credentials The Law Society of Upper Canada prepared its own report on paralegal regulation after interviewing 500 stakeholders, including consumers, business people and 200 paralegals. The vast majority of people surveyed favoured paralegal regulation, and defining the permitted areas of practice. This was also the recommendation of Mr. Justice Cory s Report to establish a system for regulating and licensing independent paralegals, including qualifying examinations for the different areas of practice. Although no legislation has been introduced to date, the recent initiatives of the Ontario government and the Law Society point to the need for more stringent training and guidelines for paralegals. The four-year Applied Degree program will be well placed to meet this need by instilling a sense of professionalism, and an appreciation for high Paralegal Studies Section 2 - Page 2

6 ethical practice through the extensive experience of its faculty members and carefully selected co-op assignments. In the absence of government regulation, the discretion lies with the individual court judges and tribunal members to monitor the practice of court and tribunal agents. In the Family Court, the parties may be represented by court agents only if the court approves. In providing high quality education with emphasis on both substantive and procedural knowledge, the graduates will possess the level of competency to meet the requirements of the judiciary and tribunal members. With three Deputy Judges on the faculty, and several tribunal members on the advisory committee for the BAA (Paralegal Studies) program, we are in the position to develop standards of competency to ensure proper representation in the various forums. Humber College s Paralegal Studies program has the support of four major associations of paralegals in Ontario. The Professional Paralegal Association of Ontario, the Paralegal Society of Ontario, the Prosecutors Association of Ontario and the Ontario Association of Professional Searchers of Records have given their unequivocal support for our program and letters of support from these associations are included in this proposal. The Paralegal Society of Ontario has developed a Code of Ethics that governs the Society s membership. Humber College supports the principles enunciated in the Code of Ethics and has incorporated in its curriculum emphasis on high standards of professional conduct and integrity. Paralegal Studies Section 2 - Page 3

7 The design of this program is expected to facilitate credit transfer to, and credential recognition by, other post secondary institutions. We base this conclusion on the content and academic rigour of the program, the credentials and expertise of the faculty, and the fact that many individual courses offered by Humber College are already recognized by universities in Canada, the United States and Australia. We have approached a number of universities in Canada and the United States concerning credential recognition for this program. Currently, we have received confirmation from the University of Guelph, and several other universities are reviewing our curriculum. We fully anticipate that by the time the program is launched, it will be recognized as equal to other accredited degree programs in Ontario. Originality of Program The future trends in this field also point to the need for more highly educated paralegals. There is a need for paralegals to be better trained with their work increasingly relying upon computerized court and government filing systems, computerized legal databases, and more challenging statutory regimes and Charter issues encountered in their advocacy work. Future paralegals will require not only a more sophisticated understanding of their fields of practice but a broader-based education that allows them to more fully understand the context in which they provide legal services. This program will, accordingly, be unique in the combining of a liberal arts education with the fundamentals of paralegal practice. Courses in psychology, sociology, human rights and political science will provide in-depth insight into the divergent interests in society which the paralegal as an advocate is required to represent. The liberal arts dimension of the program will improve the students understanding of the causes of disputes, Paralegal Studies Section 2 - Page 4

8 and the most propitious manner to resolve them. Their analytical skills will be honed through their grasp of social science theories, including the investigation and diagnosis of case studies. This acquired appreciation of community interests and values will enhance their advocacy skills whether presenting argument in the courtroom, or pursuing alternative dispute resolution strategies in the boardroom. College Mission Our mission at Humber College is to strive for an open, respectful and welcoming educational environment which is responsive to the needs of our students, our faculty, our staff, our community and our nation. Our College proudly reflects the richness and diversity of the Canadian community: the many cultures, the economic backgrounds, the differing age groups, the many ideas that have solidified our democracy. We aim for high standards of teaching and learning and we are dedicated to anticipating the changes in our society and to responding to those changes in practical but innovative ways. Our emphasis on the quality of our programming, services, faculty and staff is the foundation to all we do. To ensure a high level of quality we have established a rigorous quality assurance program. The on-going development of faculty and staff is a key component in meeting our quality standards. Humber College prides itself on its market responsiveness. In the last 10 years alone we have cancelled 50 programs and implemented at least 60 new programs in response to market demand. Humber College s emphasis on civility and harmony in the treatment of students, faculty and staff sets the tone for a constructive, nurturing environment that Paralegal Studies Section 2 - Page 5

9 facilitates excellence in the classroom and strong collegiality among the student body. At the same time, prominence is given to having highly skilled, dedicated faculty members that project professionalism and provide positive role models for students. In this educational context, the Paralegal Studies program will thrive with its emphasis on high standards and paraprofessionalism. Learning in our richly diverse community at Humber College, the paralegal student will be able apply their knowledge in rigorous classroom discussions and team assignments, and simultaneously, learn more about each other s background as representatives of various communities. This will increase the students sensitivity to cultural diversity, and allow them to practise their profession more comfortably and effectively in Ontario s cultural mosaic. With the Applied Degree program in place, we will be in a position to expand our off-campus training capability. Currently, we are providing training and professional development programs for law clerks and support staff at the offices of the Ministry of Justice Canada in Toronto and the Ontario Ministry of the Attorney General. On November 14, 2001, the Department of Justice Canada presented Humber College with a Partnership Award for the College s role in developing the DOJ Law Clerk Diploma Program. With the breadth and depth of the Paralegal Studies program, we will be able to offer training for government personnel who play an advocacy role in representing government and public interests in court and tribunal proceedings, and in resolving disputes through alternative dispute resolution mechanisms. Paralegal Studies Section 2 - Page 6

10 Types of Skills/Knowledge Required The paralegal practice comprises advocacy work in various venues. The accepted, specialized areas of practice for which courses will be offered are Small Claims Court, Landlord and Tenant, Provincial Offences Court, Immigration Law, Administrative Tribunals, and Family Court. The procedures and practice in each area will be thoroughly examined with special attention to the statutory regimes and rules of procedure governing each court or tribunal. In addition, related skills courses will cover legal research, legal writing, evidence and advocacy, interviewing and investigation, negotiations, mediation and arbitration, and professional ethics. As identified in the Human Resources Development Canada survey, the paralegal will require specific computer training in respect of computerized court and government filing systems, and computerized legal databases. Finally, as the paralegal graduate will possess a higher level of knowledge and skill in the field, it is expected that many will establish their own practices either in partnerships or as sole proprietors. Accordingly, entrepreneurial skills will taught such as formulating business plans and marketing plans, and utilizing the internet for business opportunities. Employer support Humber College will draw upon its network of advisory committees to build closer ties with the paralegal profession. The members of the Advisory Committee for the B.A.A. Paralegal Studies program include paralegal practitioners, employers of paralegals, a Judge of the Ontario Court of Justice, and a university professor. Philip Sworden, the Co-ordinator of our Court and Tribunal Agent program is a member of the Paralegal Society of Ontario which is the voice of independent paralegals in Ontario and has some 200 members. The board of directors of the Paralegal Studies Section 2 - Page 7

11 Society expressed strong support for Humber College s submission at its Fall Conference in Hamilton, Ontario on November 2-3, Humber College has an active network of some 120 employers who accept our court and tribunal agent students for a four-week full-time co-op placement in their final semester. These employers include paralegal professionals, advocacy groups for the elderly, for the disabled and for accident victims, municipal legal department, court offices, administrative tribunal offices, community legal clinics, business search houses, and investigative agencies. These employers provide a strong foundation for building a full semester co-op placement component for the Applied Arts program. They have positive work experiences with our students as shown by their continued participation in the co-op program, and through the hiring of our graduates. In addition, in a recent survey of employers conducted by Humber College regarding support for an applied degree in Paralegal Studies, the employers offered various types of support, including mentoring, scholarships, student awards and participation in an advisory capacity. Enrolment Growth and Anticipated Faculty Growth Based on our experience in educating law clerks, legal assistants, and court and tribunal agents, we project an initial enrolment in the Applied Arts program of 40 students in the first year. As the program becomes established and better known among students and employers, we expect the first year enrolment to reach 120 students. With the launch of the program comprised of five courses each semester and an average of four hours of class time per course per week, we expect to hire 1.5 full-time professors and 0.7 adjunct professor for the prerequisite and core courses. By 2007/08 the number of faculty will grow to Paralegal Studies Section 2 - Page 8

12 17.8 full-time professors and 5.3 adjunct professors. The elective courses will be taught through our Departments of Liberal Arts and Sciences, and Accounting Studies. Financial Capacity In reviewing the revenue and expense requirements for the start-up and operation of a four year Bachelor of Applied Arts in Paralegal Studies we estimate that the program will cover operating costs and overhead by the end of year three and will payback an accumulated start-up subsidy of $ 338,000 by the end of year four. It is anticipated that the Bachelor of Applied Arts in Paralegal Studies program will generate an annual surplus of $ 242,000 subsequent to the complete recovery of the start-up costs. Revenue estimates are based on tuition at the university level for General Arts and Science programs and a college program weighting of 1.6 and assume annual increases of three percent per year for both tuition and grant. Expenses reflect all direct academic costs, student services and administrative overheads, student bursaries, library services and facilities maintenance and enhancement costs. Expenses are also expected to increase at an annual rate of three percent. Paralegal Studies Section 2 - Page 9

13 3.0 SYNOPSIS OF PROPOSED PROGRAM 3.1 Program Overview Title: Paralegal Studies Credential Nomenclature: Bachelor of Applied Arts B.A.A. Program Description: The Bachelor of Applied Arts program in Paralegal Studies is designed to provide students with a combination of a strong foundation in the laws and regulations impacting on paralegal practice; the substantive knowledge and technical skills required for various specialized areas of practice; and the breadth of knowledge acquired, together with the analytical and research skills developed, in a liberal arts education. Program Learning Outcomes The program will explain the rules and principles of law in areas relating to paralegal practice including primary institutions and procedures. In examining the origins of our laws, Canada s constitutional framework, and the rules of law under which governments operate, the students are provided a legal context for their permitted areas of practice. This legal perspective is enhanced by the historical, philosophical, political, social, economic, cultural and ethical dimensions which are contained in the liberal arts facet of the program. This multi-disciplinary approach provides the students with a strong foundation and clear understanding of the values and principles interacting within and guiding the legal community in which they will play an important role. Within each specialized area of paralegal practice, the relevant legal and procedural issues are identified and extracted from the larger body of regulatory material. The relevant statutory provisions, regulations, rules, and forms are distilled and synthesized into a guidebook for the main aspects of paralegal practice. In order to effectively serve their clients as advocates, the students gain experience in Paralegal Studies Section 3 - Page 1

14 professional presentation skills, in legal writing by using legal terminology accurately and fluently, and in legal research by reading complex legal works and accurately summarizing their arguments. The student also develops insight and skill in presenting alternative courses of action, from the client s perspective, and creating imaginative solutions by approaching a problem or using material in a different way. When faced with a variety of technical situations, the student will bring together their knowledge of law and procedures in pursuing the requisite processes and remedies. Using a wide range of professional texts and information retrieval systems, the paralegal student will learn to find legal solutions to problems within their scope of practice with accuracy and independence. Drawing upon their analytical and research skills developed from the theoretical and case study approaches of their liberal arts courses, the students will be able to make a personal and reasoned judgment based on an informed understanding of standard arguments in the particular area of paralegal practice. The multi-faceted approach to their law-related studies will result in the students being able to integrate material from primary and secondary sources, distinguish between legally relevant and irrelevant, evaluate and use information in numerical or statistical form, formulate issues with clarity, and plan and manage tasks within firm deadlines. Through an analysis of critical ethical issues and a careful delineation of the authorized areas of practice, the graduate will have the competency and capability to act independently in planning and undertaking tasks in the areas of law in which they studied, critically evaluate whether a particular area falls within their scope of practice, and determine when to seek additional support or refer a case to someone else. Linkage Between Outcomes and Curriculum Design The legal context for paralegal practice is provided by the Introduction to Canada s Legal System, and the Charter of Rights and Freedoms courses. With this legal foundation, the student is introduced, during the program, to the multi-discipline perspectives gained from the Philosophy of Law, Psychology, Political Science, Legal History, Sociology, Law, Social Justice and Human Rights, Law, Family and Gender, and Microeconomics courses. Within the specialized areas of practice examined in the Paralegal Studies Section 3 - Page 2

15 Small Claims Court, Provincial Offences, Landlord and Tenant, Administrative Tribunals, and Immigration and Refugee Law courses, and with the analytical skills acquired from the Legal Research and liberal arts courses, the students identify relevant legal and procedural issues, present knowledge using a variety of professional presentation skills, write fluent and technically sophisticated prose, and read complex legal works and summarize their arguments. Through the study of Legal Research, Advocacy, and Evidence, the student is able to find legal solutions to legal problems, make a personal and reasoned judgment based on an informed understanding of standard arguments, work in groups contributing to group tasks, and distinguish between the legally relevant and irrelevant. The study of Tort and Contract Law, Employment Law and Labour Law, and Immigration and Refugee Law integrate primary and secondary sources to provide a substantially accurate picture of the law. With the study of Debtor/Creditor Rights, Provincial Offences and Landlord and Tenant, the student learns to identify legal solutions in straightforward situations in defined areas of practice. From their study of Negotiations and Mediation, Alternative Dispute Resolution, Elder Law, and Access to Justice, the students develop proficiency in presenting alternative courses of action, in creating imaginative solutions by approaching a problem or using material in different ways, and in recognizing alternative conclusions for particular situations within their scope of practice. In order to establish their own paralegal practice, courses on Career Development, the Legal Framework of Business Enterprises, Tax and Accounting for Paralegals, Statistics, Small Business Entrepreneurship and Professional Ethics provide the essential tools for embarking on such an endeavour. The students will gain knowledge and experience in evaluating and using information provided in numerical or statistical form as the basis of a decision or an argument, in planning and managing tasks to complete work within deadlines, in acting independently in planning and undertaking tasks, in reflecting critically and evaluating whether a particular area falls within their scope of practice, and in determining when to seek additional support or refer the case to someone else. Paralegal Studies Section 3 - Page 3

16 Methods of Delivery The courses will be presented using lectures, seminar groups, computer labs, electronic/on-line information retrieval systems, case studies, court observation, and job shadowing. The fundamental theories, principles and regulations will be presented through classroom lectures and directed readings. These fundamentals will be reinforced through the analysis of case studies and comparative studies drawing upon other jurisdictions and other value systems. In the preparation of their research and analysis, the students will use major reference works, electronic/online legal databases, and government and educational websites. Students will be required to apply these concepts to complex fact situations and provide supporting argument for their conclusions. Their analysis, synthesis and arguments will be presented in case comments, short research papers, and major essays. There will be at least one major essay in each teaching semester with the majority of the essays emanating from the prescribed elective courses. The students will formulate arguments derived from their research, test their theories in seminar groups, and present and debate their positions in simulated trial presentations. The subject areas will often have multi-disciplinary aspects requiring a breakdown of the problems into their component parts, and the development of new approaches by combining theories of different disciplines. In order to gain firsthand insight into paralegal practice, the students will observe and report on cases presented in various courts and tribunals, and critically evaluate both the adjudication process and the representation received by the parties. Through job shadowing, the students will interview members of the legal community, monitor their office operations, and scrutinize their tasks and responsibilities. Relationship to Regulatory/Licensing Bodies Currently, there is no regulatory or licensing regime for paralegals. The Government of Ontario, the Law Society of Upper Canada, the Ontario Bar Association and Ontario paralegal associations all support the training and regulation of paralegals. The Ontario Bar Association recently stated on their website that paralegals can be a useful and effective addition to our justice system, but they need to be properly trained Paralegal Studies Section 3 - Page 4

17 and regulated to protect the public. The Cory Report entitled A Framework for Regulating Paralegal Practice, which was commissioned by the Ontario Ministry of the Attorney General, stated that paralegals have a significant role to play in increasing access to legal services. The Law Society, in response to the Cory Report, prepared An Analysis of a Framework for Regulating Paralegal Practice in Ontario. This analysis sets out the position of the Law Society on each recommendation in the Cory Report. Humber College has designed the curriculum of the Paralegal Studies program in keeping with the concerns of the Law Society. The areas of paralegal practice covered in the program are those specified as authorized practice by the Law Society. Once paralegal regulation is in place, the curriculum will be modified, if necessary, to conform to the areas of practice specified in the regulatory regime. Relationship to Professional Bodies Humber College s Paralegal Studies program has the support of four major associations of paralegals in Ontario. The Professional Paralegal Association of Ontario, the Paralegal Society of Ontario, the Prosecutors Association of Ontario and the Ontario Association of Professional Searchers of Records have given their unequivocal support for our program and letters of support from these associations are included in this proposal. Philip Sworden, Co-ordinator of Humber College s Court and Tribunal Agent program is an associate member of the Paralegal Society of Ontario. Humber College supports the principles enunciated in the Society s Code of Ethics and has incorporated in its curriculum emphasis on high standards of professional conduct and integrity. In addition, such Code of Ethics issues as conflict of interest, confidentiality, and unauthorized practice will receive in depth treatment in our Professional Ethics course. The President of the Professional Paralegal Association of Ontario (PPAO), Paul Dray, is a member of Humber College s Program Development Advisory Committee. The PPAO s membership is drawn from the estimated 4,000 traffic and small claims court agents, prosecutors, and accident benefits representatives across the province. Humber College has received Mr. Dray s important input in formulating the Paralegal Paralegal Studies Section 3 - Page 5

18 Studies program, and has been guided by his Association s goals in achieving a high level of competence, proficiency and integrity in the paralegal profession. Nature of the Paid Co-op Work Term Experiences During the paid co-op work term, students will employed by a wide variety of employers as evidenced by the list of employer commitments to date, and as reflected in the experience of our students in the current unpaid co-op program. These employers include independent paralegal professionals, advocacy groups for the elderly, for the disabled and for accident victims, municipal legal departments, court offices, administrative tribunal offices, community legal clinics, business search offices and investigative agencies. The students will be required to assist in the preparation of cases for mediation or litigation purposes. This preparatory work will include search and investigative functions, interviewing witnesses, assembling and organizing documentary evidence, researching legal issues, formulating arguments, and attending court or tribunal hearings in a supporting role. In court or tribunal offices, the students will be involved in scheduling cases, preparing prescribed documentation, managing hearing lists, and utilizing electronic services. They will monitor case flow and be assigned problem-solving tasks in office administration. Admission Requirements: Ontario Secondary School students must have a minimum of six Ontario Academic Courses (OAC) in the old curriculum or six Grade 12 U or U/C courses in the new curriculum, including OAC English 1 or 12U English course minimum 60% average. Students must also have a minimum overall average of 65%. Projected Cumulative Full-Time Enrolment Per Year for the Proposed Program Year 1 40 Year Year Year Anticipated Start Date: September 2003 Paralegal Studies Section 3 - Page 6

19 4.0 PROGRAM STRUCTURE REQUIREMENT 4.1 Applied Degree Program Stucture Applied Degree September January April Structure Semester 1 Semester 2 Semester 3 Year One On-campus studies: On-campus studies: Vacation Philosophy of law Charter of Rights and Freedoms Introduction to Canada s legal system Small Claims Court I Tort and contract law Small Claims Court II Evidence Introduction to legal writing Psychology Political science Year Two On-campus studies: On-campus studies: Vacation Law, social justice and human rights Law, family and gender Administrative tribunals Legal research Statistics Landlord and Tenant Legal history Provincial offences Sociology Microeconomics Paralegal Studies Section 4 - Page 1

20 Applied Degree Structure Year Three September January April Semester 1 Semester 2 Semester 3 On-campus studies: Immigration and refugee law Paid full-time co-op On-campus studies: Alternative dispute resolution: selected topics Advocacy Negotiations and mediation Court and government office administration Career development Debtor/creditor rights Elder law Advanced legal writing Elective Elective Year Four On-campus studies: On-campus studies: GRADUATION Advanced legal topics Access to justice Tax and accounting for paralegals Small business entrepreneurship Legal framework of business enterprises Insurance law Professional ethics Employment and labour law Elective Elective Paid Full-time Consecutive Co-op Work Experience: 14 weeks Paralegal Studies Section 4 - Page 2

21 ASSESSMENT AGAINST THE STANDARDS 5.0 STANDARD 1 APPLIED DEGREE-LEVEL STANDARD 5.1 How Proposed Program Meets Knowledge and Skills Requirements of Standard 1 The graduates of the Bachelor of Applied Arts program in Paralegal Studies will achieve a sound understanding of the principles in their field of study and will learn to apply those principles more widely. This program will examine, dissect and reformulate the various principles of law and practice impacting on the paralegal profession. This analysis is accompanied by a multi-disciplinary approach where the philosophical, historical, psychological, sociological, economic, and ethical aspects are scrutinized in order to derive a holistic understanding of the framework of paralegal practice. The superior analytical and problem solving skills developed in the liberal arts component of the program will enhance the graduate s capacity to meet the challenges of paralegal practice. Knowledge The students gain a firm understanding of the underlying legal concepts and values, and principle features of the Canadian legal system, including general familiarity with its institutions and procedures. Through courses on an Introduction to Canada s Legal System, the Charter of Rights and Freedoms, and Political Science, the students acquire an important overview of the legal system in Canada, in general, and in Ontario, in particular. The students examine the origins of our laws, the relationship between the common law and statute law, the division of legislative powers under the Constitution Act, 1982, the legislative process at the federal and provincial levels, the court structure of the federal and provincial courts, the role of judiciary in the trial process and at the appellate Paralegal Studies Section 5 - Page 1

22 level, and the role of lawyers and paralegals as advocates. The critical impact of the Charter of Rights and Freedoms in overriding legislative initiatives, and in protecting individual rights is thoroughly canvassed, together with the role of the Supreme Court of Canada as arbiter of Canada s Constitution, and interpreter of civil rights. In this way, the students have a clear understanding of the functioning of the main legal institutions in Canada, and are able to provide reasons for their existence. In the study of the substantive law courses, the program examines the origins of the different fields, how the principles of law have evolved and changed, and how they have been applied in diverse situations. The interaction of the common law and legislative changes are documented as well as different law reform initiatives in order for the student to understand how the law fits together. The student gains insight into the forces shaping and advancing the laws, and the reasons for the relationships between the different legal concepts and bodies of law. A significant emphasis on the case method provides the student with an understanding of how the law operates in complex areas. In later courses, the student will apply underlying concepts and principles outside of the initial context in which they were taught such as the applicability of contract law principles to insurance law, the relevance of administrative law concepts in immigration law and practice, and the scope of Charter defences in the context of provincial offences. The students will also examine the options available in pursuing causes of action such as in the case of the law of negligence and contract law, and interrelationship of tort law and insurance law, and the alternatives of mediation and arbitration versus the court process in enforcing insurance benefits or employment and labour law rights. Paralegal Studies Section 5 - Page 2

23 Application Within the permitted areas of practice, the courses provide a comprehensive treatment of the governing statutory provisions, regulations, rules and forms. In these specialized areas of practice of Small Claims Court, provincial offences, landlord and tenant law, immigration and refugee law, and administrative tribunals, the students learn the essentials of the substantive law prevailing in these forums, and the procedures for enforcing rights, pursuing remedies, and defending interests. The students derive a working knowledge of the processes through the preparation of requisite documentation, moot court and tribunal exercises, and court and tribunal observation. The students observe and participate in simulated adversarial exercises, and gain experience in presenting evidence, formulating arguments, and influencing the adjudication process. In this context, the substantive law is used to support the positions of the parties, and theoretical issues are transformed from classroom discussion into courtroom advocacy. With practical case scenarios, these exercises demonstrate the relationship of legal principles with socio-economic considerations, and advance the students comprehension of how these principles have developed. In seminars and tutorial groups, the students can further test their understanding of legal concepts and principles by debating and challenging each other s perspective, and, where possible, building consensus. The students are required to question and evaluate each area of authorized practice drawing upon their liberal arts perspectives and honed analytical skills. Beyond a sound understanding of the principles of law, and rules, regulations, and procedural requirements of each subject area, the student is required to Paralegal Studies Section 5 - Page 3

24 assess and evaluate the workings of each system commencing with its origins. The students will be challenged to: evaluate the role of the Small Claims Court as the people s court in attaining summary justice; critically examine the functioning of administrative tribunals in achieving their particular mandate; analyze the socio-economic impact of rent controls under the Tenant Protection Act; evaluate the role of the prosecutor and the role of the justice of the peace, and their interrelationship, in realizing justice in the Provincial Offences Court; and critically assess the system for processing Convention Refugees, and develop a working model that safeguards competing interests. In applying their knowledge to more complex situations, the students will be challenged to produce multi-disciplined analysis, and well-supported conclusions in their areas of practice. Methods of Inquiry The students develop and apply their research skills in assignments, exercises and essays, requiring the systematic search of primary and secondary sources in particular subject areas. Through their study of computer-assisted legal research, and the preparation of written and verbal presentations, the students learn to critically evaluate the appropriateness of different approaches to solving problems. Their research endeavours will involve subject areas heavily reliant on case law, or comprising a balance of common law and statutory enactments or subject to highly regulated regimes. The students will learn to identify the issues which require researching, and identify and retrieve up-to-date legal and related Paralegal Studies Section 5 - Page 4

25 information. The students will develop roadmaps for pursuing their research, and select favoured approaches for the most effective results. The students will utilize leading authorities, selected readings, case law searches, including noting up cases and determining cases judicially considered, and pursue legislative updates and where statutes have been judicially considered. From their various projects, the students will be in a position to formulate clear and coherent research plans using a wide range of research sources. Major essays will be prepared each semester that require an in-depth and systematic inquiry into selected topics. Such courses as the Philosophy of Law, the Charter of Rights and Freedoms, Law, Social Justice and Human Rights, Advanced Legal Topics, Law, Family and Gender, and Access to Justice will feature major papers. They will require students to individually undertake a multidisciplinary approach to legal or combined legal and non-legal issues. Drawing upon their legal writing skills developed in the program, and their experience in identifying and formulating the relevant issues, the students will present cogent, persuasive, and well-researched dissertations on contentious issues. With the assistance of directed secondary sources, they will be able to integrate material from primary sources using interpretive techniques developed from case briefs, case studies, and group or individual projects. Limits of their Knowledge Throughout the program, the parameters of authorized paralegal practice will be emphasized, as well as a clear understanding of the core subject areas comprising such practice. At the same time, new issues can arise within the paralegal s defined areas of practice which are beyond their current knowledge. Case law and statutory developments may expand or re-shape areas of practice. Paralegal Studies Section 5 - Page 5

26 For example, the jurisdiction of the Small Claims Court has been expanded by the Parental Responsibility Act, and delineated by the Tenant Protection Act, as amended, and recent case law interpreting the remedies available under the latter Act. With such developments, the student must keep abreast by updating their knowledge on an ongoing basis. Throughout the program, the students will be encouraged to visit key government websites, and review legal periodicals in order to recognize new areas of law that require their study. The need for continual updating of their knowledge will be emphasized in such courses as Advanced Legal Topics, Access to Justice and Elder Law where new developments in the law will be emphasized. By being aware of law reform initiatives to temper the adversarial system through increased mediation opportunities, to improve access to justice by simplifying and managing court processes and to further the protection of the elderly by human rights safeguards, the student is made aware of the limits of their knowledge. The dynamics of the legal system will be emphasized, and the need to update knowledge by using the full range of legal sources available. Through their experience in critically analyzing areas of law, and interpreting legislative changes, the students will be able to identify their role in the particular changing field of practice, and when and where to turn for assistance if their ability to pursue such initiative is in issue. The course on Professional Ethics requires students to be vigilant as to boundaries of permitted areas of practice, and to seek out advice and transfer matters to legal counsel where the topic is beyond their competence. From exercises and case studies in that course, the student will be able to assess the limits of their professional capabilities. Paralegal Studies Section 5 - Page 6

27 Critical Analysis Through case comments, reports and presentations in the both the substantive courses and courses related directly to their areas of practice, the students are required to take a particular perspective, and provide justification for that approach. The student is encouraged to separate their personal views from the position taken in order that an objective analysis is made more certain. In Canada s legal system, the contentious rights of Convention Refugees, traffic offenders, landlords, insurance companies, and employers are analyzed, synthesized and critically evaluated in various assignments by combining lecture material, readings, and case law and statutory research. In this manner, reasoned judgment can be derived based on an informed understanding of the standard arguments in the particular area of law. Solutions to problems raised in the assignments will have the support of critical analysis and evaluation. Communication Skills Through the Introduction to Legal Writing and Advanced Legal Writing courses, the student acquires the fundamental tools for proficiency in written and oral communication. The principles of clarity in language and careful attention to the language of law permeate the program. Extensive written assignments, oral presentations, and simulated court and tribunal exercises provide invaluable experience in formulating and presenting arguments. For example, in the Small Claims Court courses, the students will draft demand letters, a statement of claim, statement of defence, notice of motion and affidavit in support, and a trial brief. In preparing coherent, persuasive legal material, the student is encouraged to give proper attention to the intended audience. The differing characteristics of audiences ranging from judges, lawyers, government officials, and clients with Paralegal Studies Section 5 - Page 7

28 varying education and socio-economic backgrounds are emphasized in the context of the legal writings. The ability to summarize and simplify arguments in complex works, without yielding to accuracy, is developed throughout the program. Remedial exercises will encourage students to critically examine other writings as well as their own in developing editing techniques to enhance the effectiveness of their presentations. With such strong communication skills, the students will augment their advocacy skills and better serve their clients. New Training and Competencies With the awareness of the limits of their knowledge, and having honed their research and analytical skills, the students will be well positioned to advance their training and develop new competencies as the need arises. Whether in the context of servicing their clients or seeking to advance their career by assuming more responsibility within an organization, the students will possess the attributes and experience to take the initiative in new pursuits. Having undertaken various independent assignments, using a wide range of research sources and retrieval systems, the student will have the capability to conduct research independently and study new subject areas. Their liberal arts education provides students with familiarity of both legal and non-legal sources, and facilitates a broader assessment in undertaking new initiatives. With the recurrent challenge in the program for students to constantly further the boundaries of their knowledge and analytical skills, the students will be more reflective in taking inventory of their learning and skills. This will lead to a greater appreciation of personal growth, and the need to be on the cutting edge of professional development. Paralegal Studies Section 5 - Page 8

29 Transferable Skills The graduate of this Applied Arts program in Paralegal Studies will emerge with the following skills: interpersonal skills derived from group assignments such as moot court and court observation exercises communicative skills developed from written and oral presentations in the Small Claims Court and Provincial Offences courses competency in generating and interpreting numerical or statistical information resulting from such courses as Statistics, Tax and Accounting for Paralegals, and Small Business Entrepreneurship skill in analyzing, synthesizing and evaluating complex material such as in the Sociology, Microeconomics, and Advanced Legal Issues courses independent research skills developed from major essay assignments in such courses as the Philosophy of Law, Law, Family and Gender, and Access to Justice These skills are applicable and transferable to diverse work experiences in the paralegal field. Whether practicing as an independent paralegal, acting as a provincial offences prosecutor, conducting searches and investigations, or serving the public and other professionals in government and court offices, the graduate will have the skills necessary to assume personal responsibility and accomplish sound decision-making. Paralegal Studies Section 5 - Page 9

30 6.3 Regulatory/Licencing Requirements Current Requirements/Standards of Licencing/Regulatory Bodies Currently, there is no regulatory or licencing regime for paralegals. The Government of Ontario, the Law Society of Upper Canada, the Ontario Bar Association and Ontario paralegal associations all support the training and regulation of paralegals. The Ontario Bar Association recently stated that on their website that paralegals can be a useful and effective addition to our justice system, but they need to be properly trained and regulated to protect the public. The Cory Report entitled A Framework for Regulating Paralegal Practice, which was commissioned by the Ontario Ministry of the Attorney General, stated that paralegals have a significant role to play in increasing access to legal services. The Law Society, in response to the Cory Report, prepared An Analysis of a Framework for Regulating Paralegal Practice in Ontario. This analysis set out the position of the Law Society on each recommendation in the Cory Report. Humber College has designed the curriculum of the Paralegal Studies program in keeping with the concerns of the Law Society. The areas of paralegal practice covered in the program are those specified as authorized practice by the Law Society. Once paralegal regulation is in place, the curriculum will be modified, if necessary, to conform to the areas of practice specified in the regulatory regime Letters of Support not applicable Paralegal Studies Section 6 - Page 5