Not all summary or hybrid charges are within scope
Do not decide scope from the informal name of the allegation. Counsel must review the charging document, Criminal Code section, Crown election or procedural posture, possible penalty and the current LSO list.
Exact offence
The section and subsection on the information or charging document must match the permitted authority.
Mode of proceeding
A hybrid allegation, Crown election or change in procedure can affect whether agent representation is authorized.
Connected proceedings
Bail, sentencing consequences, ancillary orders or another charge may take the file outside a paralegal’s permitted scope.
Competence
A matter may be legally within P1 scope but still require referral because of complexity, risk or the services the client needs.
What must be reviewed before a retainer
- 01
The information, summons, appearance notice, undertaking, release order and every listed charge.
- 02
The current Criminal Code provision and the LSO permitted-offence list—not an old website or a general description.
- 03
The next court date, fingerprint date, disclosure status and every release condition.
- 04
Potential custody, probation, driving, employment, licensing, immigration and record consequences.
- 05
Conflicts, competence, insurance and whether another charge or requested service requires a lawyer.
Services after scope is confirmed
Depending on the authorized matter and retainer, work may include legal advice connected to the proceeding, disclosure review, negotiations, document preparation, appearances, a guilty plea or trial preparation and representation. No result can be promised.
When a lawyer or different professional is required
Indictable matters, non-permitted offences, proceedings requiring services outside By-Law 4, or a file beyond the paralegal’s competence must be declined or referred. The safest first step is to send the complete charging and release documents for an exact-scope review.
Official sources & application
The practical answer is in this guide; use these links to verify live changes and apply officially.
Ghasedak explains the eligibility, evidence, process and important cautions in plain language. Because laws, forms, fees and filing methods can change, also check the live official instructions on the day you submit. This is general information, not individual legal advice.
