THE ACCREDITATION PROCESS FOR FOREIGN LAWYERS IN CANADA

I wrote this article with the purpose of giving information about how to be a lawyer in Canada in focus of Ontario to the lawyers who practice law in foreign countries.

The article contains general information on Common Law System, law degrees in Canada, accreditation processes and licensing processes of Law Society of Ontario. It does not cover every situation. This document does not explain the law. It does not tell you what you should do and why you should do it.

The article doesn’t give information about immigration to Canada. The information given here is for those who are a Canadian citizen or has come to Canada as citizens, permanent residences, protected persons or persons with valid work permits. People with study permits can also complete a part of the accreditation process, and I will address this topic later in the article.

Before going into the accreditation issue, it’s useful to understand the differences between the law systems since it is the main issue foreign lawyers face in the course of the accreditation process. I start by explaining the legal system in Canada, continue with the ordinary way to become a lawyer, and at last talk about the accreditation process.

Legal System in Canada

Continental European Law (also known as Civil Law) and Anglo-American Law System (also known as Common Law) are the most commonly used legal systems in the world.

The Civil Law System is the legal system that is based on Roman Law and prevails throughout Europe. Codification is essential in this legal system. France, Germany, Scandinavian Countries, and China use the civil law system in their countries.

The Common Law is currently in practice in The United Kingdom, Ireland, The United States, Australia, New Zealand, India, and Canada. Historically, the source of law in this system is the decisions in the cases made by judges. In addition, every system has a legislature that passes new laws.  

Amongst other common law countries, Canada has a special place. Canada is a Bijural country. Bijuralism is defined as the existence of two legal traditions within a single state. In Canada, the province of Quebec practices civil law while other provinces practice common law system.

As a lawyer educated in both systems, I can say that there is no similarity except for small details here and there between Civil Law and Common Law. Mindsets behind these legal structures are completely distinct. Frankly speaking, I did not comprehend common law as a completely different system until I studied common law in Canada. Rather, I thought the difference was rooting from the variation of the rules of law.

Law Degrees in Canada

To better understand the accreditation process, it is useful to examine law degrees how they apply to Canada.

Bachelor of Laws (LL.B., B.L. or B.A.) is an entry-level undergraduate degree. This designation is still used in many countries, like in my home country, Turkey. Not all LL.B. degrees or BA degrees are the same. There is a lot of confusion on this matter. People are divided on whether LLB and BA are the same, whether the difference roots from tradition or their ability to provide a chance to practice law as a career. After reading lots of materials about it, the topic is still vague for me. What I can say is the differences mostly derive from the countries’ implementations. Reasons under the implementation can be academic tradition or something else, but one thing is certain that they all are undergraduate degrees. 

In Canada, the law was taught as an undergraduate degree, as LL.B., until recently. Regardless, historically, most of the applicants were applying to law schools after undergraduate education. 

Canada transitioned from LL.B. to J.D. in the mid-1960s. Juris Doctor / Doctor of Jurisprudence Degree (J.D.) is a graduate degree and was initially used in the US. In order to be able to enroll in a law school in Canada, a person must initially earn an undergraduate (Bachelor’s) degree. I should also note that some law schools accept the completion of at least three years of the bachelor’s degree, however, this might lower the chances in the application process due to the serious competition.

Admission Processes to Law Schools in Canada

After completing the undergraduate degree, one must have a Law School Admission Test (LSAT) score in order to be able to apply to law schools in Canada. The test is held up to six times a year.

LSAT is a very competitive test that serves as the first step of elimination in admissions. It tests the level of comprehension, logic and analytical thinking. The test doesn’t evaluate the factual information on any subject area, including law, hence, it does not rely on what subject(s) you study in school. Many students who consider applying to law schools take LSAT in the third or last year of their undergraduate education.

There are 17 Common Law schools in Canada. Due to the fact that the admissions process of each school is independent, the LSAT exam scores and the minimum requirements of the universities vary.

Students who meet the requirements and are admitted are eligible for 3 years of education in order to earn a JD diploma.

Becoming a Lawyer

In Canada, the completion of a JD law degree alone is not enough for a candidate to become a lawyer. After graduation, the person is required to pass the bar exam of the province they want to practice law in and complete the required internship which is called articling.

Each province has the right to establish its own legal principles in areas determined by the Canadian constitution. Accordingly, licensing processes of each bar in the provinces also differ from one another. Thus, lawyers can only practice within the limits of the authority of the bar which they are a member of.

Financial Aspects of Studying Law in Canada

The American and Canadian universities are not tuition free or low-cost as in Europe. Although the Government of Ontario has a grant (OSAP) for low-income students (citizens and permanent residents), this grant does not cover JD education.

The JD program for domestic students (in Canada) is around $38,000 CAD per year. For international students, this amount is $51,000 CAD per year. These fees do not include residential and living costs.

In order to be accessible, Universities often make deals with the banks and offer students a low-interest loan. It’s common that after graduation, people continue to pay for their loans for years.

ACCREDITATION PROCESS FOR FOREIGN LAWYERS

Anyone with an at least an undergraduate law degree can go through Accreditation process overseen by the National Committee on Accreditation (NCA).

NCA is a committee working under the Federation of Law Societies of Canada. The assessment of whether or not foreign law graduates can be accredited in Canada is carried out exclusively by this institution.

Applicants must meet with the Federation’s National Requirement, a uniform national standard applied to all graduates of Canadian Common Law Programs.

After meeting the requirements, NCA certifies that the applicant has an understanding and knowledge of Canadian law; and knowledge equivalent to that of a graduate of a Canadian common law program.

NCA measures the existence of this competence in the following subjects:

• Canadian Administrative Law (Mandatory)
• Canadian Constitutional Law (Mandatory)
• Canadian Criminal Law (Mandatory)
• Foundations of Canadian Law (Mandatory)
• Canadian Professional Responsibility (Mandatory)
• Contracts (Core Subject)
• Torts (Core Subject)
• Property (Core Subject)

An applicant who has studied in a Common Law Jurisdiction may be able to satisfy one or more of the substantive legal knowledge requirements, on top of the five Mandatory Subjects.

Applicants from jurisdictions other than Common Law Jurisdictions are required to complete an Approved Canadian Common Law Program (J.D. or LL. B) or an LL.M. in substantive Canadian law.

Once an assessment is complete, there are three ways NCA applicants may demonstrate competency in assigned subject areas. These are:

1. by successfully completing NCA challenge exams;
2. by completing assigned subjects at a Canadian law school; and
3. by a combination of option 1. and 2., that is meeting some assigned requirements by writing NCA challenge exams and the remainder by completing the courses at a Canadian law school.

As a person coming from a civil law country, with a BA degree in law, I chose to go through option 2 by graduating from an LLM program that satisfies the minimum requirements of accreditation.

Master of Law (LLM)

Master of Laws (Legum Magister - LLM) is a program which any person with a bachelor's degree can apply. It is a post-graduate level law education. It is open to all who wish to improve themselves in law in general or a specific topic in law.

The LLM program is open to many scholarships and government grants. Most LLM programs take a year or a year and a half to complete. Thesis-based masters programs are also available for those who want to advance in the academic sphere.

Currently, only three law schools in Canada provide LLM programs that are designed to meet the requirements of NCA process. They are GPLLM at the University of Toronto, Common Law LLM at the University of York (Osgoode Hall School of Law) and the Master of Laws at the University of British Columbia (Peter A. Allard Law School).

Personally, I think that the most beneficial option for an applicant with a civil law background is to complete a designated LLM program. By successfully graduating from the LLM program, you will receive a post-graduate degree while satisfying the NCA requirements.

Application to Law Schools and Admission to an LLM Program

When applying for Master programs, you must meet the requirements determined by the university you want to study in. Each university has a separate and unique application process. Meeting the requirements of the application, however, doesn’t guarantee admission. Applicants still go through an extensive screening process. Master programs of the three universities mentioned above have similar following conditions:

• BA degree (for those who wants to be accredited as a lawyer) with a minimum mid-B standing
• TOEFL or IELTS scores for those who earned their undergraduate degree in a language other than English (minimum score of 7.5 for IELTS and 100 for TOEFL)
• Academic Transcripts and Diplomas, GPA should be higher than 3 or 3.5 out of 4.
• Statement of Purpose / Personal Statement (a very well-prepared letter, the application committee first reads this letter, so it should be impressive)
• Two Reference Letters and Up-to-date Resume

Although these minimum requirements are considered as essentials and mostly determinative, some flexibility is afforded when the admissions committees review your applications. Do not be discouraged when you don’t meet one or two of the requirements. For example, even though you have a GPA of less than 3.5, with a well-prepared Statement of Purpose showing your other outstanding accomplishments, you might still get admitted. Your achievements in your professional life, experiences in international legal bodies, advocating cases on high courts or published written works might be very useful in this case. You want to stand out amongst other candidates.

Therefore, I recommend everyone to try their chances by focusing on the successful parts of their applications. The personal declaration letters play a big role in the initial screening. It might be useful to get help from a professional.

The financial aspect of doing masters should also be considered. If you do not have citizenship, permanent residency or protected persons status, you may only be admitted to these programs as an international student. Although it varies from one law school to another, tuition fees are around $35,000 CAD for domestic students and $61,000 CAD for international students. The Government of Ontario’s OSAP grant covers most of the tuition for master programs for low-income students. It should also be considered that you cannot take the bar exams and do articling as an international student without having at least a work permit in Canada.

Becoming Licensed to Practice Law

In Canada, completion of a law degree alone is not sufficient to permit a candidate to practice law. Whether you have a JD degree or a Certificate of Qualification by NCA, you must write and pass the provincial bar exams and either do “Articling” or complete Law Practice Program (exclusive to Law Society of Ontario). 

Each law society can determine its own licensing processes. I’ll be focusing on the Law Society of Ontario’s licensing process.

A JD graduate or an NCA accredited person must pass four stages to be licensed to practice law in Ontario:

1. Passing the Barrister Licensing Examination & Solicitor Licensing Examination
2. Completing the Experiential Training (10-month Articling Process (Internship) or Law Practice Program (LPP))
3. Having a Good Character.
4. Being Called to the Bar of Ontario. (Become Licensed)

Licensing examination is one of the most difficult elimination processes that many applicants, especially NCA accredited lawyers, have a hard time to get through. 

The Ontario bar examination is a multiple-choice, open book exam. It has two stages, Barrister and Solicitor exams that are 7 hours in length each. Both examinations are offered three times per year (November, March, and June).

For those who are foreign to the concepts, the difference between the Barrister and Solicitor is that the barristers can act as advocates in legal hearings. It is also referred to as the Barristers’ qualification to wear a gown in court. Solicitor, on the other hand, mainly performs legal work outside the court.

Many JD students aim to pass the bar exams before they start their articling. Since JD students are graduating in May, they mostly prepare for the bar exams held in July and fulfill the bar examination requirement before the new year begins.

On the other hand, it is a little bit different for the accreditation students. LLM programs are intensive programs offered with 3 semesters in one year. Because of the course load, programs end at the end of August; hence, the students are unable to take the exams in June sitting. It also takes some time for NCA to review the transcripts and issue your certificate of qualification.

Passing the bar exams is not a prerequisite for the articling process. Licensing candidates can take the exams before, during or after the articling process. However, Certificate of Qualification is a prerequisite for foreign lawyers to be able to start their licensing processes in the law societies.

Here is the diagram I prepared which summarizes the difference between the normal process and accreditation process in Canada:

At this point, I believe, it would be appropriate and encouraging to share the annual income of the lawyers after going through all of these soul-crushing steps.

According to the research conducted by Ivy Global Company in 2010:

A friend of mine who is a lawyer once told me; currently, if a lawyer with two years of experience cannot earn approximately $150,000 CAD per year, s/he should leave the profession. Of course, this is an opinion and spoken for conditions in Toronto.

All things considered, being a Lawyer in Canada is prestigious, has a respected social standing and is profitable. I believe, practicing law as a profession is one of the rare occupations that is worth going through all the challenges you face along the way.

The most challenging parts for me were passing the bar exams and finding an articling position. Especially in Toronto, articling positions are limited, and applications are very competitive.

I observe that there is a prejudice against NCA accredited lawyers. Having said that, I understand the underlining reasons behind this prejudice. Lawyers deal with the most important building block of society, law. Mistakes in the practice of law could cause irreparable damages to the client. Since English is a second language for most NCA accredited lawyers and their knowledge on common law might be less extensive than the JD graduates, native lawyers are reluctant to hire NCA accredited lawyers to their practices. Be that as it may, NCA accredited lawyers could also make great contributions to the lawyers’ practice. Since most of them are licensed in at least two countries, they may open a new market for law firms.

Moreover, NCA accredited lawyers also bring their community’s potential to firms as prospective areas of practice. Being in connection with a community brings new clients, expands the firm’s market power and is an effective way of marketing especially in a multi-cultural city like Toronto.

I should add that as an NCA accredited Lawyer, in my opinion, we must work harder, study harder and perform our duties with the best of our abilities in order not to stain the dignity of the profession in Canada.

Special Thanks

At the end of my article, I want to thank the staff of the GPLLM program at the University of Toronto. They are the most dedicated and helpful people I have ever known. They are professional and they work tirelessly to solve your problems even after you graduated. I don’t know how many times I emailed them with maybe frivolous questions and ask their help during these processes. Yet, they always answered my questions with kindness.

Similarly, I should also thank the staff of NCA committee. I can’t stress their promptness enough. They answered my inquiries even on weekends. I wrote them a thank you email and offered them to send a big tray of “Kadayif” (a traditional Turkish dessert) as an indication of my appreciation. They didn’t reply to that email which I guess prove how professional they are, because, where I come from nobody says no to a Kadayif!

All in all, despite the hardships you face during the accreditation processes, you will encounter helpful people and make friends that will last long.

Seyfi Sun

2019

Finally, I should state again that this article was prepared according to the information available based on the conditions of the time it was written. There might be unexplained details and overlooked considerations. The aim of the article is to give general information to law graduates in foreign countries who want to be accredited as a lawyer in Canada.

Here are a few links that I think would help you with your researches about this topic:

University of Toronto GPLLM Program:

https://gpllm.law.utoronto.ca/

York University, Canadian Common Law Program:

https://www.osgoodepd.ca/graduate-programs-and-courses/specializations/canadian-common-law/

BC University, Master of Laws (Common Law) Program:

https://www.allard.ubc.ca/master-laws-llm-common-law-program

National Committee on Accreditation (NCA):

https://flsc.ca/national-committee-on-accreditation-nca/

NCA’s Policies and Guidelines for Assessments:

https://flsc.ca/wp-content/uploads/2018/05/NCA-Policies-Jan-2018.pdf

Law Society of Ontario Licensing Process:

https://lso.ca/becoming-licensed/lawyer-licensing-process

Tips for writing a good Statement of Purpose:

 https://crunchprep.com/gre/2014/powerful-statement-of-purpose

https://grad.berkeley.edu/admissions/apply/statement-purpose/

https://uni.edu/~gotera/gradapp/stmtpurpose.htm