The accused sought to appear by agent (a non-lawyer, non-licensed paralegal) in a summary conviction proceeding for obstructing a peace officer.
The Crown opposed the application on the basis that the agent was neither a lawyer nor a licensed paralegal.
The court considered whether the agent could appear and whether permission should be granted.
The court found that sections 800 and 802 of the Criminal Code permit agents who are not lawyers to represent accused in summary criminal proceedings, subject to the limitations in section 802.1.
Since the maximum sentence was six months imprisonment, the agent was permitted to appear.
The court confirmed that the accused's choice of representation was informed and that no conflict of interest existed that would warrant disqualification of the agent.
