Advertisement

Canadian Bar Exam for Foreign Lawyers

If you want to get your Canadian law degree faster, the National Committee on Accreditation has created a re-certification process that will allow you to get an evaluation of your foreign credentials and get on the path to licensure faster. If you want to know how to become a lawyer in Canada, the first thing to note is that all of the provinces – apart from Quebec – operate on broadly similar ways as they all use Common Law. The province of Quebec uses Civil Law instead, and so the process is slightly different. This means you will have to opt for either studying Civil Law in Quebec or a Common Law degree program somewhere else in Canada. Being a lawyer in Canada – and indeed

Advertisement

You will also find related posts on Canada bar exam for Indian lawyers, jobs for foreign trained lawyers in Canada to how to become a lawyer in Canada with a United Kingdom (UK) degree & how can a Nigerian lawyer practice in Canada on college learners.

Foreign lawyers in Canada: How to become Accredited by the NCA?

Many foreign-trained lawyers find themselves unable to practice law in Canada because their credentials are not recognized. For that reason, the National Committee on Accreditation has created a re-certification process that evaluates law credentials obtained from outside of Canada and gives international lawyers an opportunity to speed up their preparation for the Canadian Bar exam.

Foreign lawyers in Canada: How to become Accredited by the NCA?

Many foreign-trained lawyers find themselves unable to practice law in Canada because their credentials are not recognized. For that reason, the National Committee on Accreditation has created a re-certification process that evaluates law credentials obtained from outside of Canada and gives international lawyers an opportunity to speed up their preparation for the Canadian Bar exam.

This article gives a brief overview of the NCA assessment and accreditation process to help you prepare for your re-certification.

What is the National Committee on Accreditation?

The National Committee on Accreditation (or NCA) is a standing committee of the Federation of Law Societies of Canada (FLSC). According to the FLSC website:

The primary mandate of NCA is “… to protect the public interest by assessing the legal education and professional experience of individuals who obtained their credentials outside Canada or in a Canadian civil law program, and want to apply for admission to a common law Bar in Canada.”

In other words, the NCA aims to ensure that a degree obtained from abroad or a Canadian civil law degree meet the national standards for legal practitioners in Canada. This way, candidates do not need to follow different entrance requirements to practice law in Canadian provinces and/or territories. The only exception is the province of Quebec as the Barreau du Québec and the Chambre des Notaires du Québec have different evaluation procedures.

The NCA assessment needs to be done prior to entering the licensing process to practise law in a Canadian common law jurisdiction.

The NCA Assessment

Internationally trained lawyers can apply for the NCA assessment at any time, even prior to coming to Canada (citizenship and residency are not looked at during the assessment process). FLSC identifies the following formalities that are necessary in order for the NCA assessment to be processed:

  • Online assessment application form, including a payment of CAN$450, plus applicable taxes;
  • Official set of final academic transcripts from the institution of your studies (copies are not accepted);
  • Set of documents to be sent to the NCA by the institution where you completed your legal education, including:
    • an official copy of your academic transcripts;
    • (if applicable) a certificate or letter of membership in good standing from the local regulatory authority; and
    • (if applicable) an official copy of your transcripts from the local regulatory authority for any courses or examinations required by such authority.
  • (If the official language of instruction of the law degree or the official language in the jurisdiction was other than English or French) Language proficiency of a minimum 7.0 on each module of IELTS test (for English) or TESTCan (for French). This requirement may be waived if sufficient evidence is presented.

After all of the required documents are received, the NCA will start the application process, and an assessment report will be mailed to the applicant within 4-8 weeks. For more detailed information, please go to the FLSC website.

After the Assessment

Each application is looked at on an individual basis, evaluating candidates’ experience and qualifications, the length of the program and subjects of studies, academic performance, the type of legal system where education was acquired, and other similar criteria.

After the assessment is complete, candidates will receive their assessment report that outlines the list of requirements they would need to meet in order to receive a Certificate of Qualification. The requirements can be divided into 3 types:

  1. Passing the NCA exams;
  2. Taking courses in specific areas of law at a Canadian law school; or
  3. Completing a Canadian common law degree program.

The assigned requirements focus on the key competencies of the Canadian common law, including 5 mandatory subject areas:

  • Foundations of Canadian Law;
  • Canadian Administrative Law;
  • Canadian Constitutional Law;
  • Canadian Criminal Law; and
  • Canadian Professional Responsibility.

The candidates may have to demonstrate knowledge and skills on other key subject areas, including:

  • Business Organizations (formerly Corporate Law);
  • Contract Law;
  • Torts; and
  • Property Law.

The NCA Exams

Applicants that received their NCA assessment can register for the NCA examinations. Each examination follows an open-book, paper-and-pen, pass-or-fail format, and lasts approximately 3 hours. Candidates must pre-register for each exam session, and they can do that as early as 4-6 weeks prior to the start of the exam. The start dates can be found on the 2017 Examination Schedule. The NCA exam results are released 10-12 weeks following the exam date.

Applicants are responsible for their own preparation for the NCA exams, including finding their study and preparation materials, and/or registering for the NCA Exams Pep courses, if they choose to.

The cost of each NCA exam is CAN$340, plus applicable taxes. Applicants may retake the exam up to two times; each time they are required to pay the NCA exam fee.

What’s Next?

Once an international lawyer meets all of the NCA requirements, they may request a Certificate of Qualification. This certificate can later be used to enter their Bar admission process.

Without a doubt, re-certification process can be lengthy and can require candidates to pursue more education. At the same time, the results will be worth it. After all, a median annual salary of a lawyer in BC is $106,638, according to WorkBC website.

How To Become A Lawyer In Canada

If you want to know how to become a lawyer in Canada the first thing to note is that becoming a lawyer in 
Canada is actually governed by each province separately.

However, all of the provinces – apart from Quebec – operate on broadly similar ways as they all use Common Law. The province of Quebec uses Civil Law instead, and so the process is slightly different.

This means you will have to opt for either studying Civil Law in Quebec or a Common Law degree program somewhere else in Canada. 

Being a lawyer in Canada – and indeed any other country for that matter – is a fulfilling role to play in society, not to mention being very financially rewarding.

Legal Salaries

Working as a lawyer in Canada is a great career and lifestyle decision – here is a table showing the salaries of lawyers* in this lovely country.

Steps To Becoming A Lawyer In Canada

Here’s a guide to the various stages that students need to undertake to become a lawyer in Canada.

Pre-Law Undergraduate Degree 

Attending law school in Canada requires the student to already have an undergraduate degree, and law schools – such as the University of Toronto – say that no one subject is better than any other. Students must complete the undergraduate degree before applying to law school. 

Law School Admissions Test (LSAT) 

The LSAT is the method of entry into Law School across the US and Canada, and is administered by the Law School Admission Council. It runs tests around the world and is held about four times a year. There are a number of organisations that run preparation courses to take the exam, such as Oxford Seminars, who hold courses across Canada, or Kaplan who hold courses around the world. 

Complete Law Degree 

After successfully passing the LSAT, students then need to attend one of the 17 Common Law Schools in Canada and undertake the three year JD program. This process is slightly different if they wish to practice in Quebec, as in this case they need to complete a Civil Law course at a law school in Quebec. 

Foreign-Trained Lawyers – NCA Examination 

Those students or lawyers who hold a law degree from another country must gain a Certificate of Qualification to show that they have the necessary understanding to go on to the Bar Examination in Canada. To begin with, they must pass the exams held by National Committee on Accreditation (NCA) – which is run by the Federation of Law Societies in Canada – to show that they have the necessary skills and knowledge to become lawyers in Canada. These exams are held around four times a year, and students can either study by themselves in preparation for the exams or take a course in NCA examination preparation run by one of the law schools in Canada. 

The courses cover the five mandatory subject areas in the exam of Foundations of Canadian Professional Responsibility, Canadian Law, Canadian Constitutional Law, Canadian Criminal Law and Canadian Administrative Law. Students may have to demonstrate knowledge of Contract Law, Business Organisations, Property Law and Torts through courses undertaken in Canada or previously to moving to Canada. Once internationally trained students have passed the NCA exam they can then move onto working on the provincial Bar Admissions Course and Articling in the province they wish to live and work in

Provincial Bar Admission Course and Articling 

Students go on to complete their provincial Bar Admissions Course and a period of 10 months to a year of Articling. This is where the student works with supervision from a member of the provincial Bar as a clerk in a law firm, courtroom or legal department. Again this is slightly different if the student wishes to practice in Quebec, then the student will have undergone a Civil Law JD program and go on to spend a term attending Bar School. After this, the student completes the Stage and this is the Civil Law equivalent of Articling. 

Once a student has passed the Bar Exam in their province they are free to practice as a lawyer. Lawyers in Canada can call themselves Barristers or Solicitors and tend to define their practice with the title they choose. Barristers appear in court or in mediation and solicitors do not appear in court but involves legal issues such as contracts and wills. 

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like