To assert oneself as a lawyer in Canada involves a complex journey, demanding rigorous education, articling, examinations, and admission to a provincial or territorial law society. However, the title of “lawyer” isn’t just a casual claim for anyone to make.

Canadian law is quite clear: the unauthorized practice of law is a severe offence. Still, a 2021 report by the Law Society of Ontario showed an increase in unauthorized practice complaints—about 30% more than in the previous year.

The legal profession in Canada is governed by Law Societies, which exist in each province and territory. The Law Society’s mandate is to regulate the legal profession in the public interest. As per data from the Federation of Law Societies of Canada, as of 2021, there were more than 130,000 licensed lawyers in Canada.

Canadian Bar Association

They act as gatekeepers, enforcing stringent prerequisites and codes of conduct. According to a survey conducted by the Canadian Bar Association in 2022, about 78% of practicing lawyers feel the regulation is appropriate to maintain the integrity and professionalism of their vocation.

Lawyers in Canada undergo a comprehensive education and licensure process that includes obtaining a law degree from a recognized institution and successfully completing a bar examination.

Statistics from the Law School Admission Council indicate that in 2021, around 20,000 students enrolled in Canadian law schools, and about 76% successfully graduated, hinting at the rigour of the programs.

Following graduation, a period of articling under the guidance of an established lawyer is mandatory and typically lasts about ten months. Data shows that 95% of graduates who pursued articling in the past five years received full admission to the bar.

Claiming to be lawyers

As stringent as the regulations are, some slip through the cracks. A CBC investigation in 2022 revealed several instances of individuals claiming to be lawyers without proper credentials or licenses.

The gravity of this offence is underscored by the fact that unauthorized practice can lead to criminal charges, fines, and even imprisonment. For instance, the Law Society of British Columbia prosecuted 22 cases of unauthorized practice in 2022 alone, resulting in total penalties of over $100,000.

The Federation of Law Societies of Canada stated in its 2022 annual report that unauthorized practitioners undermine public trust and put clients at risk, as they lack the necessary knowledge and competence to provide legal advice.

They aren’t accountable to any regulatory body, further heightening the risk. Statistics Canada data showed a significant correlation between regions with high numbers of unauthorized practitioners and increased legal malpractice claims.

Engaging with unauthorized practitioners

Law Societies across Canada have increased their vigilance. Efforts are being made to educate the public about the risks of engaging with unauthorized practitioners.

Technology is being utilized to monitor online platforms for fraudulent claims of legal practice. For example, the Law Society of Alberta launched an AI-based system in 2022 designed to track and report unauthorized online legal activity.

Despite the strict regulations, accessibility remains a question. The cost of legal services remains high in Canada, with 2022 data showing an average hourly rate for lawyers at $360. Consequently, some individuals may be tempted to seek out less expensive, albeit unauthorized, practitioners.

The Canadian Forum on Civil Justice reported that up to 1.5 million Canadians encounter some form of legal problem yearly. Still, approximately 65% believe that legal services are beyond their financial reach.

The challenge for Law Societies and the legal profession at large is to balance accessibility with regulation, ensuring the profession’s integrity while still delivering services to those in need.

Can anyone say they’re a lawyer?

Whether it’s a provincial small claims court or the Supreme Court, there are times when you’ll need a lawyer. But who can legally represent you?

Can anyone say they’re a lawyer? Technically, yes — anyone can say they’re a lawyer, but that doesn’t mean they can act as one; lawyers in Canada have to earn a legal degree and complete a licensing process before practising law.

But, as we’ll learn, lawyers aren’t the only people who can represent you in court. So, while not everyone can say they’re a lawyer, there are situations where non-lawyers can still represent you.

Becoming a Lawyer in Canada

In Canada, earning a license to practise law generally follows a set path. First, you’d have to finish high school and at least three years of an undergraduate degree.

Next, you’d write the LSAT (law school admission test) and apply to one of Canada’s law schools. Law schools in Canada typically last three years, and upon completion, you’d receive a Juris Doctor (J.D.) or a Bachelor of Laws (LL.B.), depending on the school.

But the journey doesn’t end there. After earning a law degree, you must become licensed to practise law. Here, the process differs by province.

In Ontario, for instance, you must pass the provincial bar exams and either article or complete the Law Practice Program (LPP). Articling involves working under a licensed lawyer for ten months, while the LPP is a four-month training course and a four-month work placement.

Becoming a licensed lawyer in any province requires time, effort, and money, and not everyone can act as a lawyer.

Non-lawyer legal services

That said, lawyers aren’t the only people who can represent you in court. For example, Ontario’s Law Society Act permits people who aren’t lawyers to represent you at tribunals or court. These groups include paralegals, family members, friends, neighbours and, in some cases, corporations.

In Federal Court, you can file a motion to request someone who isn’t a lawyer to represent you. Of course, you also have the right to describe yourself, whether you’re a lawyer or not.

Paralegals

The role of paralegals in Canada’s legal system differs by province — in some places, they can perform duties similar to lawyers, and in others, they can’t.

Paralegals are often experts at researching and drafting legal documents. In some provinces, like Ontario, they can provide legal advice, represent clients in court, and even have their own practice.

It’s worth noting that in Ontario, paralegals cannot represent you in the Ontario Superior Court of Justice but can at small claims courts and tribunals.

And in Manitoba, Alberta, and New Brunswick, paralegals can’t operate a practice or represent you in any court. While paralegals are often highly qualified and knowledgeable individuals, they can’t always replace a licensed lawyer.

Legal advice

Cementing who can provide legal advice and who can’t is tricky — in the case of paralegals, for example, it depends on the province. There’s also the important distinction between legal advice and legal help.

You can find free legal help on many websites, which generally provide broad answers to legal questions that help you understand your situation. From there, you can contact a professional and seek legal advice.

In B.C., only lawyers can provide you with legal advice, but as established, paralegals in Ontario can provide legal advice depending on the situation.

Law students

But what about law students? Can they represent you or provide legal advice? In some cases, yes. Law students can generally provide legal advice as long as a licensed lawyer supervises them.

Law students often staff community legal aid clinics and student legal aid services. And in Alberta, as long as they’re supervised, articling students can perform almost as many duties as licensed lawyers, including court appearances.

Is it possible for anyone in Canada to claim to be a lawyer?

It’s true — the list of who can and cannot provide legal services is complicated. So be careful: some individuals attempt to offer legal services for which they’re not licensed.

As discussed, there are some situations where an unlicensed individual can represent you in provincial courts, but for most legal services, you need a license. Illegal practitioners often masquerade as legitimate lawyers or paralegals, but hiring them can leave you without protection.

Legal societies take illegal practitioners seriously — lawyers largely exist to help the public, and illicit practitioners scupper that mission. It’s up to a province’s legal society to prosecute unauthorized lawyers, but punishment can range from escalating fines to six months in prison. Plus, legal societies will have services to help you find a licensed professional.

Can a person assert they are a lawyer in Canada?

The short answer is no: not everyone can claim to be a lawyer. In Canada, becoming a licensed lawyer is a long process; only these licensed professionals can provide all legal services.

But there are some exceptions. You don’t have to be a lawyer to represent someone in some courts and tribunals. Law students can also perform similar duties to lawyers, provided they’re supervised. And in provinces like Ontario, paralegals can provide legal advice and represent you in some courts.

Be careful with legal advice, though. Legal advice can only be provided by lawyers and, in specific instances, paralegals. The free information you may find on websites is not legal help or information.

While you don’t always need a lawyer, using one is safest. But check with your province’s legal society — you don’t want to deal with an illegal or unlicensed practitioner.

Do you think anyone should be able to say they are a lawyer?