AUG 19 SINCE TIME BEGAN 2015 ADE
QUESTION
DO LEGAL COUNSELS TO PRIME MINISTER
EXAMPLE
Was Benjamin Perrin A Registered Lawyer In Ontario While Providing Legal Advice To
PM Harper ?
PM Harper ?
"Provision of legal services
(5) For the purposes of this Act, a person provides legal services if the person engages in conduct that involves the application of legal principles and legal judgment with regard to the circumstances or objectives of a person. 2006, c. 21, Sched. C, s. 2 (10).
Same
(6) Without limiting the generality of subsection (5), a person provides legal services if the person does any of the following:
1. Gives a person advice with respect to the legal interests, rights or responsibilities of the person or of another person.
2. Selects, drafts, completes or revises, on behalf of a person,
i. a document that affects a person’s interests in or rights to or in real or personal property,
ii. a testamentary document, trust document, power of attorney or other document that relates to the estate of a person or the guardianship of a person,
iii. a document that relates to the structure of a sole proprietorship, corporation, partnership or other entity, such as a document that relates to the formation, organization, reorganization, registration, dissolution or winding-up of the entity,
iv. a document that relates to a matter under the Bankruptcy and Insolvency Act (Canada),
v. a document that relates to the custody of or access to children,
vi. a document that affects the legal interests, rights or responsibilities of a person, other than the legal interests, rights or responsibilities referred to in subparagraphs i to v, or
vii. a document for use in a proceeding before an adjudicative body.
3. Represents a person in a proceeding before an adjudicative body.
4. Negotiates the legal interests, rights or responsibilities of a person. 2006, c. 21, Sched. C, s. 2 (10).
Representation in a proceeding
(7) Without limiting the generality of paragraph 3 of subsection (6), doing any of the following shall be considered to be representing a person in a proceeding:
1. Determining what documents to serve or file in relation to the proceeding, determining on or with whom to serve or file a document, or determining when, where or how to serve or file a document.
2. Conducting an examination for discovery.
3. Engaging in any other conduct necessary to the conduct of the proceeding. 2006, c. 21, Sched. C, s. 2 (10).
Not practising law or providing legal services
(8) For the purposes of this Act, the following persons shall be deemed not to be practising law or providing legal services:
1. A person who is acting in the normal course of carrying on a profession or occupation governed by another Act of the Legislature, or an Act of Parliament, that regulates specifically the activities of persons engaged in that profession or occupation.
2. An employee or officer of a corporation who selects, drafts, completes or revises a document for the use of the corporation or to which the corporation is a party.
3. An individual who is acting on his or her own behalf, whether in relation to a document, a proceeding or otherwise.
4. An employee or a volunteer representative of a trade union who is acting on behalf of the union or a member of the union in connection with a grievance, a labour negotiation, an arbitration proceeding or a proceeding before an administrative tribunal.
5. A person or a member of a class of persons prescribed by the by-laws, in the circumstances prescribed by the by-laws. 2006, c. 21, Sched. C, s. 2 (10).
Terms, conditions, etc.
(9) For the purposes of this Act, a term, condition, limitation or restriction shall be considered to be imposed on a licensee, regardless of whether it is imposed on the licensee or on the licensee’s licence and regardless of whether it is imposed by the by-laws on all licences of the class held by the licensee or is imposed on the particular licensee or on his or her licence by an order made under this Act. 2006, c. 21, Sched. C, s. 2 (10).
Internal references
(10) A reference in this Act to something done or omitted to be done under this Act, a Part of this Act or a provision of this Act shall be interpreted as referring to the Act, the Part or the provision, as it read on the day the thing was done or omitted to be done. 2006, c. 21, Sched. C, s. 2 (10).
Transition
Definitions
“amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 comes into force; (“jour de la modification”)
“member” means a member as defined in section 1, as it reads immediately before the amendment day, and “membership” has a corresponding meaning. (“membre”, “qualité de membre”) 2006, c. 21, Sched. C, s. 3.
Members deemed licensees
(2) Every person who is a member immediately before the amendment day shall be deemed to become, on the amendment day, a person licensed to practise law in Ontario as a barrister and solicitor and to hold the class of licence determined under the by-laws. 2006, c. 21, Sched. C, s. 3.
Abeyance
(3) If a person’s membership in the Society is in abeyance under section 31 immediately before the amendment day, the person’s licence shall be deemed to be in abeyance under section 31 on the amendment day. 2006, c. 21, Sched. C, s. 3.
Order imposing term, condition, etc.
(8) If an order imposing a term, condition, limitation or restriction on a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order imposing the same term, condition, limitation or restriction on the person’s licence. 2006, c. 21, Sched. C, s. 3.
Order suspending rights and privileges deemed order suspending licence
(9) If an order suspending a person’s rights and privileges as a member is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order suspending the person’s licence. 2006, c. 21, Sched. C, s. 3.
Prohibition order
(10) If an order under section 50.2 prohibiting a person from contravening section 50 is in effect immediately before the amendment day, the order shall be deemed to become, on the amendment day, an order under clause 26.3 (1) (a) prohibiting the person from contravening subsection 26.1 (1) or (2), as the case may be. 2006, c. 21, Sched. C, s. 3.
Licence deemed permit
(12) Any of the following licences that is in effect immediately before the amendment day shall be deemed to become, on the amendment day, a permit authorizing the holder to do the same things that were authorized by the licence:
1. A licence authorizing a limited liability partnership to practise law.
2. A licence authorizing a person to give legal advice respecting the law of a jurisdiction outside Canada.
3. A licence authorizing a partnership, corporation or other organization to engage in a practice of law whereby it maintains one or more offices outside Ontario and one or more offices in Ontario.
4. A licence authorizing a person, partnership, corporation or other organization to practise another profession in addition to practising law. 2006, c. 21, Sched. C, s. 3."
- BC PROFESSOR OF LAW : "associate professor at the Peter A. Allard School of Law at the University of British Columbia" (Wikipedia)
- RESIDENT IN ONTARIO SINCE 1990 : "He lives in Vancouver, British Columbia, Canada.[2]; He moved to Ottawa, Ontario in the late 1990s in order to become a policy intern for the Reform Party of Canada.[8]" Wikipedia
- LEGAL COUNSEL TO PM STEPHEN HARPER : "He eventually was appointed "Special Adviser and Legal Counsel to the Prime Minister", and acted as a lead policy adviser in the PMO on subjects of relevance to the Department of Citizenship and Immigration, the Department of Justice, and Public Safety Canada.[9]
In 2013, Perrin was implicated in the Canadian Senate expenses scandal.[10] Perrin was named in an "Information to Obtain" police request related to the scandal.[11] In a letter to the RCMP’s assistant commissioner Gilles Michaud, the PCO said it had informed the Prime Minister’s Office that emails from Perrin, who allegedly helped broker a deal between Nigel Wright and Sen. Mike Duffy were not deleted, as had mistakenly been believed, following Perrin’s abrupt departure from the PMO in March 2013. The PCO letter states the account was not deleted, as is standard practise, but in fact frozen due to unrelated litigation.[12] In April 2013, Perrin left the Office of the Prime Minister and took up a position on the Faculty of Law at UBC.[9] On 30 July 2014, the Law Society of British Columbia announced that it closed its file related to Perrin's alleged role in the affair because the complaint was not valid.[13] On 25 October 2014, the Law Society of Upper Canada also reported that after fully investigating, it had no concerns whatsoever with Perrin's conduct as a lawyer.[14]" WIKIPEDIA
APPLICABLE LEGISLATION IN ONTARIO
UPPER CANADA LAW SOCIETY
PROVINCIAL STATUES REGARDING LEGAL PRACTISE
