Cameron Miranda
Canada has a unique legal system, with Bijuralism, or two distinct legal traditions, in place. In the province of Quebec, civil law is practised, while other provinces follow the common law system. For those with a foreign law degree, there are several pathways to becoming a licensed lawyer in Canada. The National Committee on Accreditation (NCA) assesses each applicant and advises them on the steps to obtaining a Certificate of Qualification, which is required to apply to become a licensed lawyer in Canadian common law jurisdictions. The Foreign-Trained Lawyers Program (FTLP) is a 12-month course offered by the University of Calgary, which prepares internationally trained lawyers to practice common law in Canada.
| Characteristics | Values |
|---|---|
| Degree | A qualifying law degree is required |
| Exam | LSAT, Solicitor's Qualifying Exams (SQE 1&2), NCA challenge exams, bar admission exams |
| Work experience | Articling placement for 9 months to a year |
| Citizenship | Depends on the individual’s citizenship and situation |
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What You'll Learn
Law School Admission Test (LSAT)
The Law School Admission Test (LSAT) is a standardised test administered by the Law School Admission Council (LSAC) for prospective law school candidates. It is an integral part of the law school admission process in Canada (for common law programs only) and is considered a key component of law school applications. The LSAT is offered seven times a year, and it is recommended that you schedule your test early enough so that your scores will be available by your first law school application deadline. The test costs $222 and registration deadlines are typically one month before the test date.
The LSAT is designed to assess reading comprehension and logical reasoning and is considered the single best predictor of first-year law school performance. The test consists of 99-102 multiple-choice questions, with an unscored experimental section, and is 2 hours and 30 minutes long. The multiple-choice portion of the LSAT includes two scored Logical Reasoning sections and one scored Reading Comprehension section. Raw scores on the exam are transformed into scaled scores, ranging from a high of 180 to a low of 120, with a median score typically around 150.
LSAC recommends advance preparation for the LSAT, as scores on the exam typically correspond to preparation time. The structure of the LSAT and the types of questions asked are generally consistent from year to year, which allows students to practice on question types that frequently appear in examinations. LSAC offers free Official LSAT PrepTests that can be accessed through your LawHub account, as well as four free tests that can be downloaded from their website. LSAC suggests taking practice tests under actual time constraints and representative conditions to identify problem areas to focus on.
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$209.95 $240
NCA accreditation process
The National Committee on Accreditation (NCA) assesses the qualifications of internationally trained legal graduates, including Canadian citizens with foreign legal education, newcomers to Canada with overseas legal education, or people thinking of immigrating to Canada. The NCA evaluates the academic training and professional experience of individuals with legal credentials from outside of Canada or a Canadian civil law degree. The NCA does not assess those with legal education from Quebec or the Canadian civil law program at the University of Ottawa who wish to practise in a common law jurisdiction in Canada.
The NCA process involves an assessment of an applicant's education and experience. The NCA then determines what exams or studies are required to fill gaps in knowledge to meet the National Requirement standard. The NCA Certificate of Qualification indicates that an individual's knowledge of Canadian law is comparable to that of a graduate of an approved Canadian law school program. The NCA processes applications on a first-come, first-served basis, and applicants can expect to receive their assessment report within eight weeks of submitting their final document. The assessment report outlines the requirements to obtain the Certificate of Qualification, including a timeline and syllabus for the subjects that must be completed.
To apply for NCA assessment, applicants must submit all required documents and fees. The name on the application must match the name on all submitted documents to avoid processing delays. The NCA application fee is $350.00 CDN, plus taxes. It is important to note that the process can be challenging, with many potential obstacles.
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Solicitor's Qualifying Exams (SQE)
The Solicitors Qualifying Examination (SQE) is a mandatory assessment for anyone wishing to qualify as a solicitor in England and Wales. It is a new, centralised assessment that has transformed the process of qualifying as a solicitor, offering a more accessible route into the profession. The SQE is made up of two parts: SQE1 and SQE2.
SQE1 is based on 'functioning legal knowledge' and assesses your understanding of English and Welsh law, as well as how you would apply it to real-life situations concerning ethics and professional conduct. To prepare for SQE1, you can make use of the free SQE Revision App, which helps improve your functioning legal knowledge and technique in attempting Single Best Answer Question (SBAQ) assessments.
SQE2 focuses on core legal skills and the everyday skills of being a lawyer, such as drafting contracts and interviewing clients. It is a combination of both written and oral tasks, with 12 written skills assessments and four oral skills assessments.
In addition to passing the SQE, there are other requirements to qualify as a solicitor. You need to have a degree or its equivalent in any subject, complete a minimum of two years of Qualifying Work Experience (QWE), and demonstrate that you are of good character and suitability to become a solicitor.
The SQE offers several benefits, including flexibility, allowing individuals to learn while working and spreading out course and exam fees. It is also a more current and relevant qualification, with more employers expecting their future trainees to have qualified with the SQE. Furthermore, the SQE, alongside the QWE, provides a pathway for individuals without a legal background to become solicitors.
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Bar admission requirements
To practice law in Canada, you must meet the bar admission requirements of the province in which you intend to work. These requirements differ across provinces. For example, in Ontario, applicants must complete the Barrister Licensing Examination and the Solicitor Licensing Examination. Both are self-study, open-book exams. The Barrister Examination tests your knowledge of Practice Management Issues, Litigation Process, Alternative Dispute Resolution, Problem/Issue Identification, Analysis and Assessment, Establishing and Maintaining the Barrister-Client Relationship, Ethical and Professional Responsibilities, and Knowledge of Ontario law, Federal legislation, and Case Law. The Solicitor Examination tests your knowledge of Ontario, Federal, and Case law, along with all policies, procedures, and forms; Ethical and Professional Responsibility; Establishing and Maintaining the Solicitor-Client Relationship; Practice Management; and Fulfilling the Retainer.
Additionally, applicants must satisfy the Good Character Requirement under the Law Society Act. This involves answering questions about your character by completing an application. Once you have completed all of the necessary steps, you will be called to the Bar of Ontario. Calls are held every September and January in Toronto and June in London, Ottawa, and Toronto. You will then be conferred with the degree of Barrister-at-Law, receive a Court Certificate of Qualification, and be sworn in and enrolled.
To be admitted to the Law Society of Yukon and work as a licensed lawyer in the territory, you must attend the Bar Admissions Course and pass all examinations. Under the Legal Profession Act of the Northwest Territories and Nunavut, you must apply to become a Student-at-Law after finishing law school. Once you are a Student-at-Law, you will serve 12 months of service in articles of clerkship approved by the Society to a member. This member may be a judge in the Northwest Territories/Nunavut Court of Justice, a Judge of the Supreme Court of Canada, the Federal Court of Canada, or of a superior court of a province or territory, or a barrister and solicitor who does not live in the Northwest Territories/Nunavut but is an active member in good standing and has practiced law for at least five years.
If you are an internationally trained lawyer, you must meet the requirements set by the National Committee on Accreditation (NCA). The NCA has created an assessment process to evaluate law credentials obtained from outside of Canada. The assessment process involves submitting an online application form, official transcripts, and other supporting documents. The cost of the NCA assessment is currently CAN$450, plus applicable taxes. Once an international lawyer meets all of the NCA requirements, they may request a Certificate of Qualification, which is necessary for the bar admission process.
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Articling placements
To practice law in Canada, you must complete the National Committee on Accreditation (NCA) process. The NCA assesses your qualifications and determines what further steps you need to take to practice law in Canada. The NCA process involves writing and passing challenge exams and/or enrolling and taking courses at a Canadian law school. The specific requirements depend on your academic and professional qualifications.
Once you have completed the NCA process and obtained your Certificate of Qualification, you can start looking for articling placements. Articling placements are a required component of the Lawyer Licensing Process and allow you to gain practical experience in a law firm or organization.
The Articling Placement Program (APP) is a program offered by the Law Society of Alberta that assists articling students who are facing unsafe or untenable circumstances due to harassment or discrimination. The program supports students in exiting their current position and finding replacement articles at a new firm or organization. The APP is not for students who are simply unhappy in their placements or unable to find a placement; it is specifically designed to address instances of discrimination or harassment.
To enter the APP, students must first contact the Law Society's Equity Ombudsperson and discuss their experiences. The Equity Ombudsperson will determine if the criteria for establishing harassment or discrimination have been met and, if so, help the student terminate their articles and find a replacement. The placement is subject to conflicts checks between the student's previous and new firms or organizations. While the program cannot guarantee placement at a specific firm, the Equity Ombudsperson will try to find a firm that aligns with the student's experiences and interests.
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Frequently asked questions
The requirements to practice law in Canada vary depending on the province and the type of law degree obtained. Generally, a law degree is required, along with passing the bar exam for the specific province in which one wishes to practice. Additionally, an internship, or articling, is required. Foreign-trained lawyers may also need to apply for a Certificate of Qualification from the National Committee on Accreditation (NCA) and meet specific immigration requirements.
Foreign-trained lawyers wishing to practice law in Canada must first obtain a law degree from an approved, recognized, accredited, or otherwise accepted law school. They then need to obtain a National Committee on Accreditation (NCA) Assessment Report, which will outline the steps needed to obtain a Certificate of Qualification. After obtaining the certificate, foreign-trained lawyers must complete the bar admission requirements for the specific province in which they wish to practice, which may include licensing exams and internships.
Canada is a bijural country, meaning it recognizes two legal traditions within its provinces. The province of Quebec practices civil law, while the other provinces practice common law. The mindsets behind these legal structures are distinct, and there are few similarities between the two systems.
