How Graduates of Law Schools Located Outside of Canada in the U.S.

and
U.K. Can Become Lawyers In Ontario – May 2010

“Geography has made us neighbors. History has made us friends. Economics

has made us partners, and necessity has made us allies. Those whom God has
so joined together, let no man put asunder.”

John F. Kennedy

Canada and the United States share the 49th parallel which is the world’s longest
uncontested border. The United States and Canada also share a very common
legal system. This commonality has made it possible to attend law school in the
United States, enter the lawyer licensing process in Ontario and eventually
become a lawyer in Canada.

Foreign Law School Graduates – U.S. and U.K. - Bar Admission In Ontario

It has historically been difficult for graduates of law schools located outside of
Canada to become lawyers in Ontario. This short essay is for the purpose of
providing clarification (at a specific point in time – remember that this information
is changing) on the following questions:

1. What are the requirements to become a lawyer in Ontario?

2. How are these requirements limited by the provisions of the Canadian
Charter of Rights and Freedoms and Ontario’s “Fair Access To Regulated
Professions Act”?
3. How are the requirements to become a lawyer applied to graduates of
both law schools located in Canada and law schools located outside of
Canada?
4. What is the National Committee on Accreditation? What role does it play
in evaluating graduates of foreign law schools?
5. What, are the NCA requirements for graduates of three year U.S. and U.K.
law live classroom (this does not apply to the University of London
external program) programs?
6. What are the ways in which these “required competencies” can be
demonsrated?

Caveat emptor! Although this information is believed to be accurate (or at least

not inaccurate), it is important that you confirm these requirements. This means
that you must do your own research and make sure that these requirements are
current.

1. What are the requirements to become a lawyer in Ontario?

The requirements to become a lawyer in Ontario are found in the Law Society
Act. S. 27(2) of the Law Society Act requires “good character” in order to be
issued a license to practice law. S. 62 of the Act authorizes the Law Society to
make by-laws:

“governing the licensing of persons to practise law in Ontario as barristers and

solicitors and the licensing of persons to provide legal services in Ontario,
including prescribing the qualifications and other requirements for the various
classes of licence and governing applications for a licence”

According to the Law Society:

“The focus of the Licensing Process is to ensure that candidates have

demonstrated that they possess the required competencies at an entry level in
order to provide legal services effectively and in the public interest.”

Notice the focus on “required competencies”.

Therefore, the focus should be to ensure that all those who enter the lawyer
licensing process have these “required competencies”.

S. 9 of Law Society By-Law 4, makes it clear that in order to enter the “Lawyer
Licensing Process” one must have either of the following two academic
qualifications:

i. An LL.B. or J.D. from an accredited law school in Canada; or

ii. A certificate of qualification from the National Committee on Accreditation

(“NCA”)

http://www.lsuc.on.ca/regulation/a/by-laws/bylaw4/

It is important to note that having either qualification does NOT allow one to be
admitted to the bar. Rather, the academic qualification provides the “required
competency” to enter the Lawyer Licensing process. The Lawyer Licensing
Process consists of both articling and some required exams. Successful
completion of the lawyer licensing process will allow one to be admitted to the
bar and become a licensed lawyer.

2. How are these requirements limited by the provisions of the Canada

Charter of Rights and Freedoms and Ontario’s “Fair Access To
Regulated Professions Act”?

The requirements for bar admission in Ontario are subject to both the Canadian
Charter of Rights and Freedoms and Ontario’s Fair Access To Regulated
Professions Act.
The purpose of this essay is to provide a short overview of the bar admission
process for foreign lawyers. What works? What doesn’t? Suffice it to say that:

- Law Society requirements for bar admission have been struck down
because they violated various sections of the Charter of Rights (example
citizenship);
- The rules of the NCA may well be challenged as being in violation of the
basic provisions of FARPA – the NCA requirements may not meet the
requirement of S. 6 of FARPA – that is that they be: “transparent,
objective, impartial and fair”.

http://www.e-
laws.gov.on.ca/html/statutes/english/elaws_statutes_06f31_e.htm#BK7

3. How are the requirements to become a lawyer applied to graduates

of both law schools located in Canada and law schools located
outside of Canada?

Graduates of Law Schools Located In Canada (but outside Quebec)

It’s simple. They enter the Lawyer Licensing Process. Their law degree is a
presumption (without further inquiry) that they have the “required competencies”.

Graduates of Law Schools Outside of Canada

Graduates of law schools outside of Canada are required to get a “certificate of

equivalency” from the National Committee on Accreditation (“NCA”). Once that
certificate has been issued, graduates of foreign law schools are deemed to have
the “required competencies” to enter the lawyer licensing process.

4. What is the National Committee on Accreditation? What role does it

play in evaluating graduates of foreign law schools?

The National Committee on Accreditation is a committee that has been created

to evaluate the transcripts of foreign lawyers. It has only the authority delegated
to it by the Law Society. The National Committee on Accreditation is the Law
Society’s “servant” for the purpose of evaluating foreign law school transcripts.
That said, it has tremendous power.

http://www.flsc.ca/en/foreignLawyers/foreignLawyers.asp

5. What, are the NCA requirements for graduates of three year U.S. and
U.K. law live classroom (this does not apply to the University of
London external program) programs?
Whether you live them or hate them, the fact is that the NCA is evaluating
transcripts from law schools all around the world. The following discussion is
narrow in focus. It applies to graduates of three year live law school programs in
the United States and the U.K.

The NCA has identified that the “required competencies” must be demonstrated
in ten basic areas. In the words of the NCA:

“NCA recommendations focus on the core common law subjects in which

applicants must demonstrate competence, including four Canadian subjects
which are mandatory for all applicants:

• Principles of Canadian Administrative Law;

• Canadian Constitutional Law (with Aboriginal/Charter component);
• Canadian Criminal Law and Procedure;
• Foundations of Canadian Law;
• Contracts;
• Torts;
• Property;
• Corporate Law (Business Associations);
• Evidence; and
• Professional Responsibility.

http://www.flsc.ca/en/foreignLawyers/faq.asp

Note that of the ten subjects only the first four are Canadian subjects. The last six
courses are “common law” subjects that can be studied at any “common law”
school. The law of contract is the same whether you take the course in London,
England at Queen Mary or in London, Ontario at Western. This means that
graduates of U.S. law schools who have studied the last six courses are (subject
to acceptable academic performance) presumed to have demonstrated the
“competency requirement” for those six courses.

Therefore, in order to demonstrate the competency requirement for the four

Canadian courses, U.S. and U.K. law school graduates must (in most cases)
pass challenge exams in:

• Principles of Canadian Administrative Law;

• Canadian Constitutional Law (with Aboriginal/Charter component);
• Canadian Criminal Law and Procedure;
• Foundations of Canadian Law;
 6. What are the ways in which these “required competencies” can be
demonstrated?

Once again, the objective is to demonstrate competency in those ten core

common law courses. How can these competencies be demonstrated?

1. Competency in the six “non Canadian” common law courses can be

demonstrated by taking those courses in the U.S. or U.K. law school.
Professional Responsibility” is a required course in ABA approved law
schools.
2. Competency in the four “Canadian courses” can be demonstrated by
passing those four challenge exams.

Are there other ways that these competencies can be demonstrated?

Yes. Here are some examples:

- Bond University in Australia actually teaches Canadian Courses in

Administrative, Constitutional and Criminal Law. These courses are taught
by professors who are graduates of Canadian law schools. Hence, Bond
graduates, who have taken these courses have demonstrated
competency in those three areas. (Note that this principle could be used
by other law schools).
http://www.bond.edu.au/law/

- Successful completion of the U.S. “Multi-State Professional Responsibility”

exam may be sufficient to meet the competency requirement in
professional responsibility (for those who have not taken the course).
http://www.ncbex.org/multistate-tests/mpre/

- The Multistate Bar Examination (MBE) is a six-hour, 200-question

multiple-choice examination covering contracts, torts, constitutional law,
criminal law and procedure, evidence, and real property.
http://www.ncbex.org/multistate-tests/mbe/

- Lawyer licensing requirements in various jurisdictions may require one to

pass exams (or otherwise demonstrate competency) in subjects like:
evidence, company law, etc. Demonstration of the basic competency in
one context (say the bar course in the U.K. or a state bar exam in the
U.S.) may suffice to demonstrate competency to the NCA.

Conclusion

This short analysis is NOT legal advice. It is to provide a framework for graduates
of U.S. and U.K. law schools to understand how to become a lawyer in Ontario. It
is essential that foreign law school graduates:
 1. Keep track of how the laws and NCA requirements may change.
2. Contact the NCA and make sure that you understand the requirements.

John Richardson, B.A., LL.B., J.D. ( Of the Bars of Ontario, New York and
Massachusetts).

http://www.lawschoolbound.org
http://www.prep.com
http://www.prelawforum.com