Kara Sears
Canada is an attractive destination for lawyers from around the world, especially the United States. The process of practising law in Canada varies depending on whether one is a Canadian citizen, a foreign lawyer, or a US-trained lawyer. Foreign lawyers and US-trained lawyers must apply for a Certificate of Qualification from the National Committee on Accreditation (NCA) and complete the bar admission requirements for the province in which they wish to practise. Additionally, each province has its own legal principles and licensing processes, and lawyers can only practise within the limits of the authority of the bar of which they are a member.
| Characteristics | Values |
|---|---|
| Legal system | Common law (except Quebec, which practices civil law) |
| Entry-level degree | Bachelor of Laws (LL.B., B.L. or B.A.) |
| Ordinary way to become a lawyer | Pass the bar exam of the province and complete an internship (articling) |
| Accreditation for foreign lawyers | Apply for a Certificate of Qualification from the National Committee on Accreditation (NCA) |
| NCA assessment focus | Core common law subjects: contracts, torts, property, business organizations, Canadian administrative law, Canadian constitutional law, Canadian criminal law, foundations of Canadian law, and professional responsibility |
| Provincial requirements | Each province has its own legal principles and licensing processes; lawyers can only practice within the limits of the authority of the bar they are a member of |
| Provincial law societies | May require experiential training before granting a license to practice law (e.g., articling with a law firm or prior legal experience) |
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What You'll Learn
Understanding the legal system in Canada
Canada's legal system is a mix of both civil law and common law. The province of Quebec practices civil law, while other provinces follow the common law system. Common law, also known as the Anglo-American Law System, is based on the historical decisions in legal cases made by judges. Each province in Canada has the right to establish its own legal principles within the framework of the Canadian constitution, and so the licensing processes for lawyers differ across provinces.
To practice law in Canada, one must complete a JD law degree, pass the bar exam for the specific province they wish to practice in, and complete an internship, known as articling. The duration of the articling internship varies across provinces, with Ontario requiring 10 months or less. The bar admission requirements also differ across provinces. For example, in Ontario, one must complete the licensing process of the Law Society of Upper Canada (LSUC), which includes writing the barrister licensing exam, the solicitor licensing exam, and attending a Skills and Professional Responsibility program.
For foreign lawyers, there is a separate process to practice law in Canada. US-trained lawyers must obtain a Certificate of Qualification from the National Committee on Accreditation (NCA), which assesses and advises applicants on the steps to obtain the certificate. This may include challenge exams or taking courses at a Canadian law school. Once the certificate is obtained, the lawyer must complete the bar admission requirements for the specific province.
It is important to note that there is a distinction between practicing Canadian law and practicing US law in Canada. The latter requires applying for a permit as a regional legal consultant from a provincial law society.
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Getting a law degree
To practice law in Canada, you must have a law degree. There are two types of law degrees in Canada: the Bachelor of Laws (LL.B.) and the Juris Doctor (JD). The LL.B. is an entry-level undergraduate degree, while the JD is a graduate-level degree. Some universities in Canada offer online law degrees, but there are no all-online law degrees.
The completion of a JD law degree is not enough for a candidate to become a lawyer in Canada. 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 different legal principles and licensing processes, so lawyers can only practice within the limits of the authority of the bar of which they are a member.
US-trained lawyers must apply for a Certificate of Qualification from the National Committee on Accreditation (NCA) to practice Canadian law in Canada. The NCA assesses each applicant and advises them on what they need to do to obtain the certificate. Candidates can complete the requirements by writing challenge exams or taking courses at a Canadian law school. Once the certificate is obtained, the lawyer must complete the bar admission requirements for the province where they wish to practice, which may include experiential training.
If you are a foreign-trained lawyer, you may need to complete an accreditation process to practice law in Canada. This process may include obtaining a law degree from a Canadian university. The exact process depends on the country where you obtained your law degree and the province of Canada where you want to practice.
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The accreditation process
To practice law in Canada, foreign lawyers must go through an accreditation process. This process involves understanding the differences between the legal systems in Canada and their home country, as Canada has a unique position among other common law countries.
In Canada, the province of Quebec practices civil law, while the other provinces practice common law. The common law system is based on historical decisions in cases made by judges, whereas civil law, which prevails throughout Europe, is derived from Roman Law.
To become a lawyer in Canada, one must complete a JD law degree, pass the bar exam in the province they wish to practice in, and complete an internship, known as articling. However, a JD degree alone is not sufficient to practice law in Canada. Each province has its own legal principles and licensing processes, so lawyers can only practice within the limits of the authority of the bar they are a member of.
For US-trained lawyers, the process involves applying for a Certificate of Qualification from the National Committee on Accreditation (NCA). This certificate confirms that the applicant has an education and training equivalent to graduates from approved Canadian law schools. The NCA assesses each applicant and advises them on the steps needed to obtain the certificate, which may involve exams or courses at a Canadian law school. Once the certificate is obtained, the applicant must complete the bar admission requirements for the province they wish to practice in, which may include additional exams and programs.
In Ontario, for example, the licensing process of the Law Society of Upper Canada (LSUC) must be completed, which includes writing the barrister and solicitor licensing exams and attending a Skills and Professional Responsibility program. Additionally, experiential training, such as articling with a law firm or prior legal experience, may be required by provincial law societies before granting a license to practice law.
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Passing the bar exam
To practice law in Canada, you must pass the bar exam in the province in which you wish to practice. The process for passing the bar exam varies depending on the province and whether you are a Canadian or foreign-trained lawyer.
If you are a US-trained lawyer, you must first apply for a Certificate of Qualification from the National Committee on Accreditation (NCA). This certificate confirms that your education and training are equivalent to those of graduates from an approved Canadian law school. The NCA will assess your individual application and advise you on the steps needed to obtain the certificate. You may be required to complete challenge exams or take courses at a Canadian law school.
Once you have obtained your Certificate of Qualification, you must fulfill the bar admission requirements for the province in which you wish to practice. This typically includes writing licensing exams, such as the barrister licensing exam and the solicitor licensing exam, and completing experiential training, such as articulating with a law firm.
If you are a foreign-trained lawyer from a country other than the US, you will need to research the specific accreditation process for your country of training. The process may involve assessing your law degree and prior legal experience and determining if they are equivalent to Canadian standards.
It is important to note that each province in Canada has the right to establish its own legal principles and licensing processes. As such, it is essential to contact the relevant provincial law society or bar association to obtain specific information about the bar exam requirements for your desired province.
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Getting a license to practice law
To practice law in Canada, a license is required. The specific requirements to obtain this license differ across Canada, with each province and law society setting its own rules. For example, the Law Society of Ontario has a different licensing process to other provinces. Therefore, it is important to check the specific requirements for the province in which you wish to practice.
However, there are some general rules that apply across Canada. Firstly, a law degree is required. For those with a foreign law degree, the National Committee on Accreditation (NCA) process must be completed. This involves an assessment to determine the requirements for obtaining a Certificate of Qualification, which is a prerequisite for the licensing process. The NCA assessment gives candidates the option to take NCA challenge exams or courses at a Canadian law school. The NCA challenge exams can be taken without a work or study permit.
Once the NCA process is complete, candidates must pass the provincial bar exams and complete an internship, known as articling. In Ontario, candidates must also pass the Barrister Licensing Examination and Solicitor Licensing Examination, as well as complete Experiential Training.
It is worth noting that work experience in one country may not be recognised in another. For example, one source mentions that their work experience in the US was in non-profit legal services law, and they were unsure how easy it would be to get a similar job in Canada. They also mention that non-profit legal services work is different in the US compared to Canada.
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Frequently asked questions
Foreign lawyers intending to practice law in Canada must apply for a Certificate of Qualification from the National Committee on Accreditation (NCA). The NCA assesses each applicant and advises them on the steps to obtain the certificate. Applicants can complete the requirements by taking exams or courses at a Canadian law school. Once the certificate is obtained, applicants must fulfill the bar admission requirements for the province in which they wish to practice.
In Canada, lawyers must complete a JD law degree, pass the bar exam for the province they intend to practice in, and complete an internship called articling. Each province has its own legal principles and licensing processes, so lawyers can only practice within the limits of the authority of the bar they are a member of.
Canada has a unique position among common law countries as it also practices civil law in the province of Quebec. The common law system, also known as Anglo-American Law, is based on historical case decisions made by judges, while the civil law system, also known as Continental European Law, is based on Roman Law.
