Can a paralegal continue to represent a client if the charge changes to an indictable offense?

In Ontario, a paralegal is governed by specific regulations regarding the types of legal matters they can handle. Paralegals are authorized to represent clients in summary conviction matters and certain regulatory offenses, but they are not permitted to represent clients in indictable offenses.

When a charge changes from a summary offense to an indictable offense, this marks a significant shift in the nature of the legal proceedings. The complexities and potential penalties associated with indictable offenses typically exceed the scope of practice for paralegals, requiring the expertise of a lawyer. Thus, the appropriate course of action for a paralegal in this situation is to withdraw from representing the client since they do not have the legal authority to proceed in matters classified as indictable.

This withdrawal is necessary to ensure that the client receives competent legal representation that is compliant with the legal framework determining who can practice law in that context. Therefore, the requirement for a paralegal to withdraw when facing an indictable charge reflects the professional standards and legal limitations governing their practice.