Cecily Zamora
Indian lawyers intending to practice law in Canada must navigate a stringent licensing and accreditation process. This includes taking the National Committee on Accreditation (NCA) exams, obtaining a certificate of qualification, and passing the barrister and solicitor exam in the province where they intend to practice. The NCA has stated that Indian law degrees are equivalent to those from the UK and Australia, but the NCA exams are challenging, and not many candidates obtain the qualification. One way to prepare for the NCA exams is through the Foreign Trained Lawyers Program (FTLP) at the University of Calgary, which covers the five core NCA common law subjects. Another option is to pursue an LLM course in Canadian universities, which does not require NCA accreditation. It is also possible to write the bar exam on a tourist or business visa, but this does not guarantee employment as a lawyer in Canada.
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What You'll Learn
NCA assessment and certificate of qualification
The National Committee on Accreditation (NCA) is a standing committee formed by the Federation of Law Societies of Canada (FLSC). It assesses the legal education and professional experience of individuals who obtained their credentials outside of Canada or in a Canadian civil law program. The NCA ensures that all applicants have the same legal knowledge and skills as Canadian-trained lawyers.
The NCA conducts a personalised assessment of each individual. It evaluates each application in isolation and then considers the steps that need to be taken by the applicant. It tailors the requirements of each individual based on their legal education, background, professional experience, or exposure. The NCA has declared that law degrees in India are equivalent to those in the UK and Australia.
The Foreign Trained Lawyers Program (FTLP) is a 12-month post-bachelor's certificate offered by the Faculty of Law at the University of Calgary for internationally trained lawyers who wish to become accredited to practise common law in Canada. The FTLP covers the five core NCA common law subjects in which internationally trained lawyers must demonstrate competence: Canadian Criminal Law, Canadian Constitutional Law, Canadian Administrative Law, Foundations of Canadian Law, and Ethical Lawyering/Professional Responsibility.
After completing the NCA exams, the NCA will grant the candidate a certificate of qualification, stating that they are qualified to practise law in Canada. However, this is not the last step, as there is one more exam that will give the candidate a licence to practise. The licence to practise is obtained after the candidate appears and passes the barrister and solicitor exam in the province where they intend to practise.
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LLM course in Canadian universities
Canada's National Committee on Accreditation (NCA) evaluates the credentials of lawyers with degrees from outside the country who wish to practice in Canada. In 2015, the NCA announced that Indian law degrees would be considered equivalent to those from the UK and Australia.
There are many LLM courses available in Canada, with 16 universities offering Master's degrees in Law. Here is some information about some of them:
University of Toronto Faculty of Law
The University of Toronto offers a flexible and rigorous full-time LLM program for Canadian and international law graduates seeking advanced study and research opportunities. Students can focus on a diverse range of areas, including constitutional law, international human rights, law and economics, and legal theory. The program can be undertaken with a strong emphasis on a thesis or through coursework only. The University's LLM program is world-class, offering access to faculty leaders and encouraging an interdisciplinary approach to legal scholarship. However, it should be noted that the LLM does not qualify foreign-trained candidates to practise law in Ontario.
Osgoode Hall Law School at York University
Osgoode Hall Law School is one of Canada's largest, oldest, and most prestigious legal institutions. It offers a wide range of study options, including full-time and part-time LLM degrees in Canadian Common Law, International Business Law, Taxation Law, Administrative Law, Business Law, Constitutional Law, Construction Law, Criminal Law, Legal Theory, Health Law, Ethics and Policy, and more.
Queen's University
Queen's University offers a 12-month collaborative LLM degree in Political and Legal Thought.
University of Calgary
The University of Calgary offers a 12-month Post-bachelor's Certificate called the Foreign Trained Lawyers Program (FTLP) for internationally trained lawyers who wish to become accredited to practise common law in Canada. The program covers the five core NCA common law subjects: Canadian Criminal Law, Canadian Constitutional Law, Canadian Administrative Law, Foundations of Canadian Law, and Ethical Lawyering/Professional Responsibility. The University also provides coaching and assistance in acquiring articles, which are similar to an apprenticeship or internship, and are required for all lawyers wishing to practise common law in Canada.
Boston University, Georgetown, and the University of Southern California
These universities offer programs to help students strengthen their English-language skills and knowledge of US and Canadian law before beginning their LLM degrees.
Canada is a popular study destination, attracting over 323,000 international students. It is known for its high-quality universities and emphasis on student safety and fairness.
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Bar exam and license to practice
To practise law in Canada, Indian lawyers must complete a comprehensive licensing procedure. This process involves several steps, including obtaining the necessary qualifications, passing the bar exam, and fulfilling the requirements of the specific province or territory in which they intend to practise.
The first step for Indian lawyers is to have their legal qualifications assessed by the National Committee on Accreditation (NCA). The NCA evaluates international legal credentials and determines their equivalence to Canadian standards. In 2015, the NCA announced that Indian law degrees would be considered equivalent to those from the United Kingdom and Australia. This recognition is a crucial step for Indian lawyers seeking to practise in Canada.
After receiving a positive assessment from the NCA, Indian lawyers can proceed to the next steps, which may vary depending on the province or territory. In most cases, candidates will need to complete additional examinations and practical training. The NCA challenge exams are a common requirement, and lawyers may also choose to take courses at a Canadian law school to fulfil the academic requirements.
To obtain a licence to practise law in Canada, Indian lawyers must pass the bar exam in the province or territory where they intend to practise. Each province administers its own bar exam, which typically consists of a barrister examination and a solicitor examination. These examinations are usually open-book and delivered online. Candidates should also be aware of the specific requirements of their chosen province or territory, as there may be additional criteria to meet.
In addition to passing the bar exam, Indian lawyers must complete practical training to obtain their licence. This training can take the form of an articling program or a Law Practice Program (LPP). The articling program involves an 8-month placement with an approved principal, providing candidates with practical legal skills. The LPP also spans 8 months but is divided into a 4-month training course and a 4-month work placement. Successful completion of these training programs, along with the bar exam, will lead to obtaining a licence to practise law in Canada.
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Permanent residency and job prospects
Canada has a stringent licensing and accreditation process that makes getting a bar license quite challenging. For Indian lawyers, this means navigating complex procedures, including NCA assessments, exams, and obtaining a certificate of qualification. However, it is not impossible, and there are several pathways to achieving this goal.
Firstly, it is important to understand the role of the National Committee on Accreditation (NCA). The NCA is responsible for evaluating the credentials and qualifications of lawyers who wish to practice in Canada. In 2015, the NCA announced that Indian law degrees would be considered equivalent to those from the UK and Australia. This means that Indian lawyers need to go through the same NCA process as their UK and Australian counterparts. The NCA assesses legal education and professional experience, and successful completion of the NCA assessment is a prerequisite for admission to a provincial or territorial law society in Canada.
The NCA exams cover five core common law subjects: Canadian Criminal Law, Canadian Constitutional Law, Canadian Administrative Law, Foundations of Canadian Law, and Ethical Lawyering/Professional Responsibility. These exams are challenging, but with proper preparation and the use of available resources, they can be successfully completed. It is also possible to write the bar exam while on a tourist or business visa, which may be easier to obtain with invitations from Canadian law firms or startups.
One option for Indian lawyers is to pursue the Foreign Trained Lawyers Program (FTLP), a 12-month certificate offered by the University of Calgary. The FTLP is designed for internationally trained lawyers who wish to become accredited to practice common law in Canada. It covers the NCA common law subjects and provides support and coaching in acquiring articles (similar to an apprenticeship or internship). The FTLP is an approved program for student loans from the Government of Alberta and other Canadian provinces or territories.
Another pathway is to start with remote paralegal work for Canadian lawyers and law firms. Once you have cleared the NCA exam, it is relatively easy to find remote freelance paralegal work, which can be a stepping stone to a full-time legal position in Canada. This approach allows you to build connections and gain Canadian work experience while preparing for the Ontario Bar Exam.
It is important to note that obtaining a PR status or bar license does not guarantee success in finding a legal job in Canada. The job market for lawyers can be competitive, and it may be easier to find opportunities in smaller communities outside major metropolitan areas. Additionally, having transferable skills and experience, such as contract drafting, deal lawyering, or international arbitration, can increase your chances of securing a position.
In conclusion, while the process of obtaining permanent residency and establishing a legal career in Canada as an Indian lawyer is challenging, it is achievable with proper planning, dedication, and flexibility.
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Foreign Trained Lawyers Program (FTLP)
The Foreign Trained Lawyers Program (FTLP) is a 12-month post-bachelor's certificate program offered by the Faculty of Law at the University of Calgary. The program is designed for internationally trained lawyers, including newcomers to Canada and Canadians who have attended law school abroad and now wish to return to Canada to practice common law.
The FTLP covers the five core NCA common law subjects that internationally trained lawyers must demonstrate competence in to practice law in Canada. These subjects are:
- Canadian Criminal Law
- Canadian Constitutional Law
- Canadian Administrative Law
- Foundations of Canadian Law
- Ethical Lawyering/Professional Responsibility
In addition to these mandatory courses, students may also elect to add one additional 3, 4, or 5-unit course to their program to meet additional NCA requirements or for personal interest. The FTLP also includes a two-term professional development course, Law 430, which is designed to equip students with the practical legal skills and career-building skills necessary to compete in the articling placement market.
To be admitted to the FTLP, students must first apply to the National Committee on Accreditation (NCA) to receive an Assessment Report detailing the Canadian common law subjects they need to pass. After completing the NCA exams, the NCA will grant the candidate a Certificate of Qualification, stating that they are qualified to practise law in Canada. However, to obtain a license to practice, candidates must pass the barrister and solicitor exam in the province where they intend to practice.
The FTLP at the University of Calgary is designed to accommodate the needs of working students, with classes offered in the evenings and possibly on weekends. The program provides students with academic requirements, networking opportunities, and real-world insights into Canadian legal practice. Upon graduation, FTLP students become part of the alumni of Canada's most innovative law school.
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Frequently asked questions
Indian lawyers must complete the NCA assessment, which evaluates the lawyer's credentials and qualifications. After the NCA exams, the candidate will receive a certificate of qualification, allowing them to take the barrister and solicitor exam, which grants them a license to practice law in Canada.
The FTLP is a 12-month program for internationally trained lawyers to become accredited to practice common law in Canada. The program covers five core NCA common law subjects: Canadian Criminal Law, Canadian Constitutional Law, Canadian Administrative Law, Foundations of Canadian Law, and Ethical Lawyering/Professional Responsibility.
Some Indian lawyers apply for PR or permanent residency in Canada, but are unable to find legal jobs. They may end up driving for Uber, working in restaurants, or in gas stations. It is recommended that Indian lawyers build a track record and do strong outreach to find success in Canada.
