Onus Satisfied In Paralegal Licensing

The Law Society of Upper Canada granted paralegal certification to an applicant notwithstanding a series of youthful incidents.

The applicant was charged in August 2008 with the Criminal Code of Canada[2] (“Criminal Code”) offence of mischief.  He had thrown a piece of fruit into his neighbour’s backyard and it hit the neighbour’s home. The applicant testified that this was “one of the stupidest things” he had ever done. He signed an undertaking that he would observe a curfew and not consume alcohol while the charge was outstanding.

Just prior to the mischief charge being withdrawn (as a result of the applicant’s participation in a diversion program), the applicant was charged on October 26, 2008 with failing to comply with the terms of the undertaking.  He had been located by police outside of his home after the 9:00 p.m. curfew and had apparently consumed alcohol.  He was 19 years old at the time and testified that he did not realize that the conditions were still in effect because of his unfamiliarity with the diversion process.

On December 8, 2008, the applicant pled guilty to failing to comply with the curfew term of the undertaking.  The judge imposed a conditional discharge with a one‑year term of probation.  The other charge, in relation to the alcohol condition, was withdrawn by the Crown.  As noted, the underlying mischief charge was withdrawn by the Crown as a result of the applicant’s participation in the diversion program.

There was a 2010 driving without insurance and also this

The applicant was charged on March 10, 2010 with the criminal offence of possession of marijuana for the purpose of trafficking.  In the context of a roadside investigation of a minor vehicle collision, the police found approximately 178 grams of marijuana, along with a digital scale, in a back pack located in the rear seat area of the applicant’s vehicle.  The applicant had $3,765 in cash in his pocket as well as a carton of rolling papers.  At the time the applicant was 20 years old and in his first year of the paralegal program at Durham College.

On May 16, 2011, the charge for the (indictable) offence of possession for the purpose of trafficking was amended on consent to the (summary conviction) offence of simple possession and the applicant pled guilty to this lesser offence.  On sentence he received a conditional discharge with a two‑year term of probation.  His probation order required that he complete 200 hours of community service and to forfeit the cash found on him. 

The applicant completed the 200 hours of community service on September 20, 2011, in “record time” and “with a very positive outlook and an outstanding work ethic”, according to his probation officer.  Afterwards the applicant continued to volunteer weekly at St. Vincent Pallotti’s Kitchen, a “soup‑kitchen”, and was still doing so at the time of the hearing in October 2015.  The applicant testified at the hearing about the nature of this work and the personal satisfaction he receives from it.

Conclusion

Considering all of the evidence before us, it is apparent that the applicant made a number of mistakes when he was a teenager and in his early 20s.  Since that time he has taken steps to rehabilitate himself and to pursue a career as a paralegal.  Given the passage of time, the record suspension, and the fact that there have been no further offences or misconduct since the March 2010 marijuana charge, we are of the view that the applicant has satisfied his onus and established that he is presently of good character.

He is now 26 years old. The application was filed in 2012. (Mike Frisch)