Category:Education Standards

From Caselaw.Ninja Education


General Standards

Objectives of Paralegal Education Programs:

The ultimate goal of a paralegal educational program is to embody within an individual the ability to think like a legal professional, and to endow within the individual the necessary concepts, methods, and skills required to permit their clients to gain remedy and relief through our legal system. A paralegal educational program shall furthermore maintain a rigorous program of legal education that prepares its students, upon graduation, for the provision of legal services and for effective, ethical, and responsible participation as members of the legal profession.

Learning Outcomes

A paralegal educational program shall establish learning outcomes that shall, at a minimum, include competency in the following:

  1. Knowledge and understanding of substantive and procedural law;
  2. Legal analysis and reasoning, legal research, problem-solving, and written and oral communication in the legal context;
  3. Exercise of proper professional and ethical responsibilities to clients and the legal system; and
  4. Other professional skills needed for competent and ethical participation as a member of the legal profession.

Curriculum

A paralegal educational program shall offer a curriculum that requires each student to satisfactorily complete at least the following:

General Knowledge

  1. Provide a student with a general knowledge of the structure of the Canadian government and political system.
  2. Provide a student with an overview of the organization of the Canadian court system.
  3. Provide a student with a general knowledge of the structure of the Canadian legal system, including an explanation of civil law and common law.
  4. Provide a student with an understanding of what defines private law, public law, procedural law, and substantive law
  5. Provide a student with an overview and explanation of commonly used legal terminology.
  6. Provide a student with a sufficient understanding of the meaning and application of jurisdiction.
  7. Provide a student with a sufficient understanding of the Constitution Acts, 1867 to 1982.
  8. Provide a student with a sufficient understanding of the Charter and its application.
  9. Provide a student with a sufficient understanding of property law, including real property – interests in land, systems of land registration, mortgages; intellectual property; negotiable instruments; Personal Property Security Act
  10. Provide a student with a sufficient understanding of business law, including corporations, partnerships, and sole proprietorships, and the advantages and disadvantages of each; registration of businesses.
  11. Provide a student with a sufficient understanding of consumer law, including the Competition Act; Consumer Protection Act, 2002; Sale of Goods Act; Food and Drugs Act; Repair and Storage Liens Act.
  12. Provide a student with a sufficient understanding of the special legal rights of the Indigenous Peoples in Canada and the reasons for those rights.
  13. Provide a student with a general introduction to theories and legal thought, specifically the development of why laws are made, how laws evolved, and how humans have evolved with those laws, with reference to Socrates, Hobbs, and Jordan.
  14. Provide a student with a general overview of logical fallacies and formal logic.

Torts & Contracts

  1. Provide a student with a sufficient understanding of intentional torts and defenses.
  2. Provide a student with a sufficient understanding of negligence law and defenses.
  3. Provide a student with a sufficient understanding of occupier’s liability law and defenses.
  4. Provide a student with a sufficient understanding of strict liability law and defenses.
  5. Provide a student with a sufficient understanding of vicarious liability law and defenses.
  6. Provide a student with a sufficient understanding of remedies in tort law.
  7. Provide a student with a sufficient understanding of the determination of damages.
  8. Provide a student with a sufficient understanding of the elements of a valid contract (e.g., intention, offer, acceptance, consideration, legality, form).
  9. Provide a student with a sufficient understanding of conditions, warranties, and implied terms.
  10. Provide a student with a sufficient understanding of privity of contract and assignment of contract rights.
  11. Provide a student with a sufficient understanding of contractual defects (e.g., mistake, misrepresentation, undue influence, duress).
  12. Provide a student with a sufficient understanding of methods of discharging a contract.
  13. Provide a student with a sufficient understanding of methods of breaching a contract.
  14. Provide a student with a sufficient understanding of remedies for breach of contract.

Legal Research

  1. Provide a student with sufficient skills to research and update statutes and regulations through paper and electronic means.
  2. Provide a student with sufficient skills to research and update cases through paper and electronic means.
  3. Provide a student with sufficient skills to interpret and apply statutes and regulations.
  4. Provide a student with sufficient skills to interpret and apply cases.
  5. Provide a student with sufficient skills to identify the legal issues within a case
  6. Provide a student with sufficient skills to identify legal principles within a case
  7. Provide a student with sufficient skills to identify legal tests that apply to given principles
  8. Provide a student with sufficient skills to utilize electronic search methods, including; Using boolean search terms within an electronic database; Using electronic search term operators, (eg.. AND, OR, /25 etc..), and Using effective key word searches

Administrative Law

  1. Provide a student with a sufficient understanding of relevant primary legislation (e.g., Judicial Review Procedure Act, Statutory Powers Procedure Act, human rights legislation, Charter).
  2. Provide a student with a sufficient understanding of the basic principles of administrative law (e.g., natural justice, fairness, discretion, bias, substantive review of public decision-making).
  3. Provide a student with a sufficient understanding of who has standing to commence legal actions.
  4. Provide a student with a sufficient understanding of the differences between courts and administrative tribunals.
  5. Provide a student with a sufficient understanding of the general nature, functions and procedures of tribunals.
  6. Provide a student with a sufficient understanding of tribunal’s enabling legislation.
  7. Provide a student with a sufficient understanding of charter applications.
  8. Provide a student with a sufficient understanding of charter remedies.
  9. Provide a student with a sufficient understanding of appeals, judicial review, and standard of review.
  10. Provide a student with sufficient skills to interpret tribunal decisions.

Residential Landlord and Tenant

  1. Provide a student with a sufficient understanding of the landlord-tenant relationship.
  2. Provide a student with a sufficient understanding of relevant legislation
  3. Provide a student with a sufficient understanding of the types of tenancies,
  4. Provide a student with a sufficient understanding of the rights and responsibilities of the tenant.
  5. Provide a student with a sufficient understanding of the rights and responsibilities of the landlord.
  6. Provide a student with a sufficient understanding of the rent control regime
  7. Provide a student with a sufficient understanding of the rules and procedures regarding the termination of tenancies (e.g., tenant termination, landlord termination, notice of termination)
  8. Provide a student with a sufficient understanding of the procedures involved with different types of landlord applications.
  9. Provide a student with a sufficient understanding of the procedures involved with different types of tenant applications.
  10. Provide a student with a sufficient understanding of the rights and responsibilities of the tenant.
  11. Provide a student with a sufficient understanding of the process and procedure before the Landlord and Tenant Board (e.g., service requirements, time limits, parties, witnesses, evidence, types of relief the Board can grant).
  12. Provide a student with a sufficient understanding of the types of evidence that are introduced before the tribunal to prove common allegations and defenses.

Advocacy

  1. Provide a student with a sufficient understanding of the adversarial process.
  2. Provide a student with a sufficient understanding of the sequence of proceedings in a trial (e.g., opening statements, examination-in-chief, cross-examination, re-examination, closing arguments).
  3. Provide a student with a sufficient understanding of the role of judges, counsel, and affected parties.
  4. Provide a student with a sufficient understanding of courtroom etiquette.
  5. Provide a student with a sufficient understanding of the importance of information gathering, case analysis and planning (e.g., obtain and analyze relevant facts, documents, legal issues).
  6. Provide a student with the skills to conduct a client interview (e.g., determine the client’s goals, objectives and expectations; assess whether these can be met through legal solutions; ascertain whether the client is capable of providing instructions).
  7. Provide a student with the skills to determine when it is necessary to obtain additional information and resources (e.g., legal research, experts, specialized licensees).
  8. Provide a student with the skills to develop and assess the theory of a case.
  9. Provide a student with the skills to develop and analyze a litigation strategy.
  10. Provide a student with the skills to identify the most effective order for evidence to be called in a hearing.
  11. Provide a student with a sufficient understanding of the purpose and proper form of direct examination, cross-examination, and re-examination.
  12. Provide a student with the skills to prepare and present opening statements and closing arguments.
  13. Provide a student with the skills to prepare one’s own witness for, and conduct, direct examinations, and re-examinations.
  14. Provide a student with the skills to prepare for and conduct cross-examinations of witnesses of other parties.
  15. Provide a student with the opportunity to participate in a mock trial or hearing.
  16. Provide a student with the skills to anticipate and prepare objections.
  17. Provide a student with the skills to introduce exhibits.
  18. Provide a student with the skills to prepare submissions as to costs/sentence.
  19. Provide a student with the skills to commencement of proceedings in the Small Claims Court, the Ontario Court of Justice, and administrative tribunals.
  20. Provide a student with the skills to identify affected parties and provide appropriate notice.
  21. Provide a student with a sufficient understanding of capacity, litigation guardians, and parties under a disability.
  22. Provide a student with a sufficient understanding of the trial/hearing process (e.g., pretrial motions, applications, trial proper, decisions).
  23. Provide a student with a sufficient understanding of the types of issues dealt with in applications and motions before the Ontario Court of Justice.
  24. Provide a student with a sufficient understanding of how to compel witnesses.
  25. Provide a student with a sufficient understanding of the importance of ensuring a matter has been disposed of appropriately (e.g., minutes of settlement, judgment/order issued and entered, final releases, dismissal order).
  26. Provide a student with a basic understanding of the appeal process for each type of matter within the paralegal scope.

Rules of Evidence

  1. Provide a student with a sufficient understanding of the legal burden of proof in criminal matters, civil matters and before administrative tribunals.
  2. Provide a student with a sufficient understanding of the importance of obtaining and providing timely disclosure.
  3. Provide a student with a sufficient understanding of the statutory rules of evidence.
  4. Provide a student with sufficient skills to apply the statutory rules of evidence.
  5. Provide a student with a sufficient understanding of the common-law rules of evidence.
  6. Provide a student with sufficient skills to apply the common-law rules of evidence.
  7. Provide a student with a sufficient understanding of the basic principles regarding the admissibility of evidence (e.g., relevance, materiality, weight, prejudicial effect, probative value).
  8. Provide a student with a sufficient understanding of the exceptions to admissibility (e.g., hearsay, opinion, privilege, improperly obtained evidence, settlement discussions).
  9. Provide a student with a sufficient understanding of the different types of evidence (e.g., testimonial, documentary, real; direct and circumstantial; character and opinion; similar fact; admissions; confessions).
  10. Provide a student with a sufficient understanding of the use of expert evidence at trial (e.g., expert reports, qualifying the experts).
  11. Provide a student with the skills to apply the Limitations Act, 2002.

Legal Accounting

  1. Provide a student with a sufficient understanding of basic accounting terminology.
  2. Provide a student with a sufficient understanding of general accounting principles (e.g., meets financial and record-keeping obligations, understands the benefit of employing an accountant or bookkeeper to assist).
  3. Provide a student with the skills to apply the accounting equation.
  4. Provide a student with a sufficient understanding of the application of debits and credits within a ledger.
  5. Provide a student with a sufficient understanding of the difference between a general account and a trust account.
  6. Provide a student with a sufficient understanding of the Law Society’s books and record-keeping requirements (e.g., maintenance of appropriate trust and general books and records).
  7. Provide a student with a sufficient understanding of the obligations related to trust accounts (e.g., preservation of client property, types of monies to be deposited, withdrawal of trust monies).
  8. Provide a student with a sufficient understanding of accounting journals (in accordance with by-laws).
  9. Provide a student with a sufficient understanding of accounting ledgers (in accordance with by-laws).
  10. Provide a student with the skills to analyze and record transactions.
  11. Provide a student with the skills to adjust entries.
  12. Provide a student with the skills to prepare a trial balance.
  13. Provide a student with a sufficient understanding of financial statements.
  14. Provide a student with a sufficient understanding of bank reconciliations.
  15. Provide a student with the skills to calculate HST and apply it to services provided.

Practicum

Practicums must be primarily experiential in nature and must:

  1. provide no less than 480 hours of field instruction.
  2. integrate doctrine, theory, skills, and legal ethics, and engage students in the performance of one or more of the professional skills identified in an approved curriculum.
  3. develop the concepts underlying the professional skills being taught
  4. provide multiple opportunities for performance
  5. provide opportunities for student performance, self-evaluation, and feedback from a faculty member, or, for a field placement, a site supervisor;
  6. provide a classroom instructional component; or, for a field placement, a classroom instructional component, regularly scheduled tutorials, or other means of ongoing, contemporaneous, faculty-guided reflection; and
  7. provide direct supervision of the student’s performance by the faculty member; or, for a field placement, provide direct supervision of the student’s performance by a faculty member or a site supervisor.

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