Becoming A Lawyer In Canada – Foreign Lawyers

This page will discuss the requirements for lawyers from outside Canada to become lawyers in Canada. It applies to all individuals who earned their law degree outside of Canada.

Have you arrived at this site from the USA? In November of 2016 I received a tremendous upsurge in activity on this page. Regardless of the outcome on November 3, 2020 I expect a similar surge in interest from those with wish to consider a moving

to Canada.

Welcome! For more: FB page http://t.co/2loEEc7WBC FB Group https://t.co/skJLY8Yena or LinkedIn https://t.co/1adoXdEHVi Twitter @NCAPrep

— NCA Exam Prep (@NCAPrep) April 25, 2015

Becoming a lawyer in Canada with a UK or US #lawschool 3 year #law degree http://t.co/GwVDRdis3J – No #LSAT required

— LSAT PREParation (@LSATPreparation) May 25, 2013

How to become a lawyer in Canada – Navigating the NCA Process – Chat with John Richardson https://t.co/y1nzjsNoVU via @PreLawForum

— NCA Exam Prep (@NCAPrep) November 3, 2016

See the January 2015 Revised policies for how non-Canadian law school graduates can become licensed Canadian lawyers http://t.co/n03bjwsNnd

— NCA Exam Prep (@NCAPrep) April 25, 2015

Those who are @NCAPrep Providers – Start your engines!! https://t.co/BtJmLAbmdj

— NCA Exam Prep (@NCAPrep) November 16, 2016

Update November 15, 2016:

The results of the November 8, 2016 U.S. election have sparked a huge increase in the number of American lawyers who interested in becoming lawyers in Canada.

Updated April 24/15 Just  realized it’s been a long time this page was  updated. So, here  goes …

Introduction –  Who this page for?

This  information  is for “foreign lawyers”. I am defining a “foreign lawyer”  as either:

– a graduate of a law school from a law school located  outside  of Canada; or

– a member  of the bar in a country  outside  of Canada

How can you become a lawyer in Canada in general and Ontario  in particular?

This topic is of great  interest for two reasons:

1. An increasing number of Canadians are attending law school outside of Canada; and

2. Canada attracts many immigrants. Many of these immigrants have have earned  a law degree and have practiced  law outside of Canada.

So, here how  it works. I will use the province  of Ontario as a  model. This is a bit of an oversimplification but, here goes.

1. The practise of law in Ontario is governed by the Ontario Law Society Act. The Law Society Act governs both lawyers  and paralegals.

(If  you don’t want to deal with the NCA, you can become a paralegal. It is becoming increasingly clear that paralegals are gradually doing more and more of the work that has traditionally been done by lawyers. It also takes less time to become a paralegal. For those interested, I am in the process of creating a page called “Becoming a paralegal in Ontario“.

http://t.co/4Cd3QBSBgd

— Paralegal Prep (@ParalegalPREP) August 30, 2013

But, back to becoming a lawyer in Canada …)

The Law Society Act requires that all lawyers be of “good character”. (I think this means only that lawyers cannot be of bad character.) The Ontario Law Society Act  also allows the Law Society to make  regulations for admission to the legal profession.

2. The regulations require that in order to be a lawyer one must complete the “lawyer licensing” process. The “lawyer licensing process” is composed  of approximately ten months of “articling” (working under the supervision of a lawyer) and passing two exams. In some cases the requirement  of “articling” can be either waived  or abridged. In order to complete  the “lawyer licensing process” one must  be  allowed to enter the lawyer licensing process. Hence, entry into the lawyer  licensing process is the most  important point of entry into the legal profession. (Note that many graduates of law  schools  located  outside  of Canada have  expressed frustration with a perceived lack of articling jobs.)

To repeat: the hurdle is being allowed to enter  the lawyer licensing process. Graduates of law schools located  outside of Canada are required to get a “certificate of qualification”  from the NCA to be allowed  to enter  the “lawyer licensing process”.

See the January 2015 Revised policies for how non-Canadian law school graduates can become licensed Canadian lawyers http://t.co/n03bjwsNnd

— NCA Exam Prep (@NCAPrep) April 25, 2015

3. Graduates of law schools  “located  in Canada” are  given automatic entry into the lawyer licensing process. Graduates of  law schools outside of Canada are required  to obtain a “certificate of equivalency” from the NCA (“National Committee on Accreditation”). Upon receipt  of the certificate of equivalency, graduates of law schools  outside  of Canada are eligible  to enter the lawyer licensing process.

4. Therefore, the real question is what are the NCA rules for  foreign law school graduates? The precise questions are:

• What will be required to be issued a “Certificate of Equivalency?
• How many challenge exams will you have to pass?
• Will you be required to attend law school in Canada?

You  can read the rules on the NCA site. Note that they are always changing. The basic principle appears to be that:

It is easiest for graduates of U.S. law schools and U.K. law schools to the Ontario Bar. Graduates of three year JD or  LL.B. programs in the United States or the U.K., who  have acceptable grades, will receive a certificate  of equivalency if they pass four exams.

(Note that the “three year” requirement  could  be  achieved  with a a UK two year LL.B.  and a one year LL.M.)

The four exams (Constitutional law, administrative law, criminal law, etc) are all based on aspects  of Canadian Constitutional law. Now, again this is a bit of an oversimplification. Graduates of two year LL.B. programs in the UK will have  to pass more  exams.

The principle applies  to graduates of “common law” schools in other countries (research this  yourself). It’s just many NCA applicants are graduates of law schools in the U.S. or U.K.).

Warning!! The NCA rules  are  in a constant change of change. It is important that  you understand the rules and be aware  of possible  changes. All Canadian residents considering attending law school  outside of Canada you should  research and understand the  rules before  leaving!

Join the #NCA Exam Prep group on LinkedIN http://t.co/U1kvnF0hzt

— NCA Exam Prep (@NCAPrep) May 14, 2013

5. Appealing the decision of the NCA

The NCA will determine how many exams you must pass and what those exams are. In some cases (depending on your background and your law school grades), the NCA may require that you attend law school (presumably in Canada).

It is possible to appeal the NCA decision. I have assisted NCA applicants with their appeals (with a pretty good success rate). The key point is that the NCA is required to apply its own  guidelines. In fairness to the NCA, they receive a large number of applications from all around the world. Their objective is to both efficient and fair.

The Effect of  Ontario’s Fair Access To Regulated  Professions Act

In 2007 the  province  of Ontario (followed by Manitoba and Nova Scotia) enacted  legislation requiring Ontario to  provide predictable  and fair guidelines to facilitate the entry of foreign trained professionals  (including lawyers) into the professions. The impact of this  legislation is evolving.

How To Apply To The NCA

Graduates of law schools outside of Canada have found it  difficult to deal  with the NCA. The NCA has improved  over the years, but applicants still report  a high degree of frustration. Those  interesting in joining the discussion, should join our  NCA Exam Prep and Tutoring Facebook page, our NCA Tutoring Linked In Group and our NCA Exams Blog.

Those with questions may want to  leave a comment on this page.

NCA Exam Prep Courses  and Tutoring

Interestingly both the University of Toronto and Osgoode Hall law schools in Toronto offer preparation courses for the NCA exams. In addition, there are private tutoring  services, at a lower cost and take  less time. (I have  no thoughts on  the  quality or effectiveness of any of these services.)

LL.M. Programs  In Canadian Law

These are designed to teach the “core competencies” that the NCA requires. At the present time  both:

The University of British Columbia;  and

Toronto’s Osgoode Hall Law School

are offering LL.M. programs in Canadian law. I  will leave it to you do your own investigation. You  would  enroll  in one of these  programs as a possible  substitute for the NCA exam requirements.

Foreign Professionals – Transitioning Into The Canadian Legal Profession

As you know, having a license to practise  law is  one thing. Getting a job is another. The University of Toronto runs their “International  Lawyer’s Program”. This is  NOT prep for the NCA. It  is NOT even related to the NCA requirements.  It is simply a program that is designed to help foreign trained  law graduates transition into  the legal profession. It’s probably a good  idea. It does take approximately one year. So, it’s clearly not for everybody.

Consulting – Attending Law School  Outside of Canada and Becoming a Lawyer  in Canada

There are at least  a  couple  of options here.

Canadian Residents Wishing To Attend Law  School  Outside of Canada:

One  option is John Kelly of Canada Law From Abroad. His  primary business is assisting  Canadian residents attend U.K. law schools  and then become admitted  to the Bar  of  Ontario. Mr. Kelly has been at this  for a number  of years. He specializes in U.K. law schools. In addition, he  has  been very helpful in pressuring the NCA to provide  clear and fair requirements. I would  say that Mr. Kelly  is the “pioneer”  in this area of consulting.

Assistance To  Foreign Law Graduates Seeking Bar Admission in Canada:

John Richardson (That’s  me). You can contact me using the form below.

Some Web Sites  To Help  You With Your Research:

Ontario Statutes

Ontario Law Society Act

Ontario Fair Access To Regulated Professions Act

What’s a  law degree? LL.B. vs. JD

LL.B. vs. JD

Joint law degrees

U.S. and UK Law Degrees – Bar Admission in Ontario

(This  is fairly detailed article.)

Organizations

National  Committee on Accreditation (NCA)

Ontario Law  Society

Ontario Fairness Commissioner

Canada Immigration Issues

Canada immigration and English or French language proficiency http://t.co/ZrV8dfKZm6 – #IELTS #CELPIP

— IELTS Prep (@IELTSPrep) October 25, 2013

#IELTS now used as part of the lawyer licensing process in Canada for graduates of non-Canadian law schools https://t.co/A1sN58mVCr

— NCA Exam Prep (@NCAPrep) April 25, 2015

IELTS Prep and English Language  Requirements

Immigration to Canada and Language Requirements

Canada Immigration requirerments

NCA Language Requirements

Certain applicants will be required to pass the IELTS to be awarded an NCA “Certificate of Qualification“

Social Media Sites and NCA Discussion

1. NCA exam preparation Facebook page

2. NCA exam prep blog

3. IELTS Prep Sites

NCA Exam Prep  and Bar Admission Consultants

John Kelly – Canada Law  From Abroad

John Richardson – use this contact form or leave  a comment:

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Your law degree and law school

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How to become a lawyer in Canada – Navigating the NCA Process – Chat with John Richardson https://t.co/y1nzjsNoVU via @PreLawForum

— NCA Exam Prep (@NCAPrep) November 3, 2016

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