So, you ask who does he say he is? He says he is a lawyer; in the UK and Legal Counsel in Canada. That is accurate. Let us see how we can resolve your matter. IN FACT, HE IS A LAWYER IN CANADA.

 So, you ask who does he say he is?  He says he is a lawyer; in the UK and Legal Counsel in Canada.    That is accurate. Let us see how we can resolve your matter.    IN FACT, HE IS A LAWYER IN CANADA. 

section 488.1(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines the term lawyer as used in the Criminal Code of Canada.

SECTION WORDING

488.1(1) In this section, "lawyer" means, in the Province of Quebec, an advocate, lawyer or notary and, in any other province, a barrister or solicitor.

EXPLANATION

Section 488.1(1) of the Criminal Code of Canada provides a definition of the term "lawyer" for the purposes of the Criminal Code. Specifically, it defines the term differently for the Province of Quebec compared to other provinces in Canada. For Quebec, the term "lawyer" includes advocates, lawyers, and notaries. This reflects the unique legal profession in Quebec, where notaries have a broader range of responsibilities and legal authority compared to notaries in other provinces. In contrast, the term "lawyer" for the rest of Canada only includes barristers and solicitors. This reflects the more traditional division of the legal profession in common law jurisdictions. This definition is important in the context of the Criminal Code of Canada because it specifies who is eligible to carry out certain legal tasks and responsibilities in the criminal justice system. For example, only lawyers can represent a person in a criminal trial, and only lawyers can provide legal advice on matters related to criminal law. By providing a clear definition of the term "lawyer", Section 488.1(1) helps to ensure that individuals who are authorized to carry out these functions are properly trained and qualified. Overall, Section 488.1(1) is a crucial component of the Criminal Code of Canada that helps to maintain the integrity and fairness of the criminal justice system by specifying who is eligible to carry out key legal functions.

COMMENTARY

Section 488.1(1) of the Criminal Code of Canada is a definition section that defines the term "lawyer" as it is used in the code. The importance of this definition is that it clarifies who is included under the term "lawyer" and who is not. Specifically, in the Province of Quebec, the term "lawyer" includes advocates, lawyers, or notaries, while in any other province, "lawyer" refers to barristers or solicitors. The reason for this difference is due to the unique legal system in Quebec, which follows the civil law tradition. To understand the significance of this definition, it's necessary to consider how the term "lawyer" is used throughout the Criminal Code of Canada. The code makes numerous references to lawyers, including their role in criminal proceedings, their ethical and professional standards, and their duties to their clients. Therefore, it's essential that there is a clear understanding of who qualifies as a lawyer under the code to ensure that the intended provisions and protections apply to the right people. By including notaries in the definition of "lawyer" in Quebec, the code acknowledges the fact that, in Quebec, notaries have a broader role in the legal system than in other provinces. In Quebec, notaries can provide legal advice, draft contracts, and execute legal documents. This means that notaries in Quebec play a similar role to lawyers in other provinces and, therefore, should be treated as such under the code. Overall, the definition of "lawyer" in section 488.1(1) is important for ensuring that the code is applied consistently across all provinces and territories in Canada. By allowing for differences in terminology and legal systems, the code can provide clarity and certainty for lawyers, legal professionals, and the general public alike. Furthermore, by acknowledging and respecting the unique legal traditions and practices of each province, the code serves to promote and preserve Canada's diverse legal landscape.