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By Paul Russell, LegalMatters Staff • For the past two decades, paralegal Jenna Little litigated provincial offences at the Ontario Court of Justice. That allowed her to develop an impressive skill set encompassing various areas of law including constitutional applications, federal contraventions and provincial offences appeals.
She recently embarked on a fresh endeavour as a member of Jillian M. Siskind & Associates, a boutique law firm renowned for its expertise in regulatory law, with a focus on the home-building industry.
“I’m looking forward to learning about different regulatory bodies, specifically those related to construction,” says Little. “I want to parlay my provincial court experience into the regulatory law realm. I look forward to appearing before tribunals and representing clients in provincial court.
She explains that many provincial offences deal with regulatory matters, whether strict or absolute liability issues.
“It is the same process of law that I have been practising,” Little says, adding that many regulatory matters are dealt with in a provincial courtroom, “which is in my wheelhouse.”
Principal lawyer Jillian M. Siskind says she welcomes having a paralegal on staff.
“I am excited about adding Jenna to our team to represent clients at tribunals and in small claims court,” she says. “She will be able to conduct prosecutions for regulators and defend builders and realtors for provincial offences matters.”
Little says her 20 years of experience in provincial courts will be an asset to the firm.
Paralegals understand the lower courts
“It comes down to specialization,” Little adds. “Paralegals focus on just a few areas of law. When someone has that kind of experience, they know the ins and outs of the judicial system and high-quality advocacy. ”
In addition to her provincial court prowess, she says she has considerable experience arguing cases before the Ontario Court of Justice on appellate matters.
“For appeal matters, you need to have someone who is well-versed in case law and who can identify and highlight errors in previous judgments”, Little says.
She started her career helping clients fight traffic tickets. When the COVID-19 pandemic hit, Little says she shifted gears, working with the Democracy Fund. Established by Rebel News, the Fund provides pro bono legal services to those facing charges related to legislation governing the wearing of facemasks and other COVID-related restrictions.
A trailblazer in COVID law
“I became a trailblazer in this new area of law where few others were practising,” she says. “All the COVID legislation needed to be interpreted and argued. There were no legal precedents in this area.
Little explained that the Fund has helped approximately 2,000 clients deal with COVID-related charges.
“There are numerous types of offences and different statutes under which people could be charged,” she says, with many falling under the Quarantine Act
“Although that is federal legislation, the charges are dealt with in the provincial court,” Little explains. “And since the penalties can include very large fines, people were naturally concerned if they could not afford a lawyer.”
During her time representing clients on traffic offences, she says she was given the opportunity to dabble in various arguments related to the Canadian Charter of Rights and Freedoms.
Able to mount unique Charter challenges
“Those arguments focused on the right to a fair trial, disclosure, and search and seizure issues,” Little says. “When I moved to defending against COVID offences, I was able to mount more Charter challenges that don’t have a lot of jurisprudence, such as freedom of assembly, freedom of expression and the right to be informed of the exact offence you are charged with.”
She says her work with the Fund gave her experience that most legal professionals, even lawyers, don’t have.
“I had the opportunity to practise unique forms of law, which included creating motions to quash charges for many different reasons,” says Little.
“Traffic law is pretty settled but with COVID, we were dealing with legislation that had never been tested under the Charter. That gave me a unique perspective that most people don’t have, so I’m very grateful for that,” she adds.
At the top of her craft
Little graduated from Humber College in 2004 with a diploma in Court and Tribunal Agents. She earned a BA from York University in 2008 and a Master of Business Administration from the University of Fredericton in 2018. She completed the Osgoode Certificate in Provincial Offences Court Practice the same year.
“I recertify for Osgoode every year, which keeps me at the top of my craft,” Little says.
Moreover, Little is licensed to practise law in both Ontario and British Columbia, enabling her to defend against federal contraventions and traffic violations in both provinces.
Siskind says clients will benefit from having Little as part of her firm
“She is a senior paralegal who does high-quality work at a lower hourly rate than a lawyer,” she explains. “With Jenna onboard, our firm can offer a broader range of legal services to our clients, so this is a win/win all around.
“The combination of experienced counsel and paralegals working together, provides a really dynamic and cost-effective approach to the practice of law,” Siskind adds. “We are very excited to offer this kind of expanded service and representation to our clients in both the private and public sectors.”
