Aug 01, 2022
How To Qualify And Practise As A Lawyer In Canada
Canada is considered an education hub for many students who wish to pursue an undergraduate or a postgraduate degree abroad. Apart from that, it has also become a welcoming country for law students who want to pursue their higher education and also eventually practice law in Canada. Even lawyers who have completed their legal education in India can enhance their practice in Canada. However, in order to be permitted to practise law, there are some essential requirements that need to be kept in mind.
Canada has a Common Law System. Fortunately, India also has a common law system. This makes it easier to pursue law in Canada if you have a degree obtained from India. In order to qualify and practice as a lawyer in Canada, you will have to keep the following steps in mind.
Apply for NCA Assessment: -
NCA stands for National Committee on Accreditation. It assesses the legal education and professional experience of individuals who obtained their credentials outside of Canada. The main job of the NCA is to see if the education obtained by foreign lawyers is at par with the standards of education obtained in Canada.
Who Can Apply: -
All internationally trained legal graduates can apply, whether you are:
a newcomer to Canada with a law degree
a legal graduate thinking of immigrating to Canada
The application can be made on the NCA website, i.e. nca.legal. An Indian lawyer who has got a degree in India and is allowed to practise law in India with that degree is eligible to apply for the NCA. The review of the application is carried out through the NCA policies formulated by the NCA. A fee amount of $450.00 CDN, plus taxes have to be paid as part of the application process.
Legal Education In Canada
If you are someone who has undergone his legal education in Canada, you may skip the procedures outlined above as you will be directly eligible for the Bar Exam. In the table below we have outlined some of the leading law colleges in Canada.
Canada
Canada Law Rank 2022
WUR Law Rank 2022
University
City
1
16
University of Toronto
Toronto
2
17
McGill University
Montreal
3
39
University of British Columbia
Vancouver
4
50
York University
Toronto
5
51
University of Montreal
Montreal
6
101–125
University of Ottawa
Ottawa
7
126–150
Université Laval
Quebec City
8
126–150
Western University
London
What does the Form Include?
Full Name
Date of Birth
Email Address
Documents Required
For a lawyer practising law in India, the bar council has to send an Official letter or certificate of good standing. This letter can only be sent by the council and not the applicant.
Graduate students have to arrange to mail their detailed mark sheets from their educational institution. This has to be done by the educational institution and not the applicant.
Upload an updated outline of your education and work experience (résumé or Curriculum vitae) in the application form.
If the documents are in any other language except English and French, then the documents shall be translated into any of the above languages.
Assessment Process
According to the NCA Website, the assessment process is below: -
The NCA assesses your legal education and experience, measuring it against the National requirements and according to its Policies.
The NCA tells you the things you must do to qualify for law society bar admission (these are called “assignments”). To meet your assignments, you may need to write NCA exams or take courses at a Canadian law school. The applicant also has to pay fees for each exam.
You complete your assignments
The NCA certifies that you have met the requirements by giving you a Certificate of Qualification.
Further, it may also ask the applicant to take classes and exams in English and French language.
What are the NCA Exams?
NCA exams are open book exams. The format is very similar to the examination format of Canadian law schools. The examination is 3.5 hours long and conducted online. The fee for registration for each NCA exam will be $400 CDN plus applicable taxes. Every year the NCA offers twelve exam sessions. The core subjects that are assessed during these exams are:
Canadian Administrative Law
Canadian Constitutional Law
Canadian Criminal Law
Foundations of Canadian Law
Canadian Professional Responsibility
Contracts Law
Tort Law
Property Law
After the NCA exams are complete, the NCA will grant the candidate a certificate of qualification. This states that you are qualified to practise law in Canada. This is not the last step, there is one more exam which will give you the license to practice.
Appearing for the Bar Exam
The license to practice is obtained after the candidate appears and passes the barrister and solicitor exam. However, the candidate has to appear for the exam in the province where they intend to practice. Each province has its own separate bar exam. For the purpose of this article, we will focus on the licensing exam in Ontario. The form of examination in each province is more or less the same. The Licensing Examinations consist of a self-study open-book Barrister Examination and a self-study open-book Solicitor Examination that is currently delivered online.
Eligibility
IF YOU ARE FROM CANADA
Graduated from a common law program approved by the Law Society at a university in Canada or received a Certificate of Qualification issued by the National Committee on Accreditation appointed by the Federation of Law Societies of Canada and the Committee of Canadian Law Deans;
Successful filing of all licensing process application documents; and
Payment of all required fees
The fees are as follows:
Refund Policy Assessment fee – $450.00, plus taxes
Assessment appeal fee – $285.00 plus taxes (will not apply unless you appeal your assessment result)
Exam fee – $400.00 per exam, plus taxes (minimum $400 x 5 = $2,000)
Exam appeal fee – $250.00 per exam, plus taxes (will not apply unless you appeal your exam result)
Cancellation fees – $50.00 per exam, plus taxes (will not be a factor unless you cancel an exam)
Minimum cost: $2,450.00, plus taxes
Please note that all costs are listed in Canadian dollars.
Source: https://nca.legal/costs-and-timelines/
IF YOU ARE FROM OUTSIDE CANADA
Assessment By The NSA
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;
The 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 TEST Can (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.
What Happens 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: Passing the NCA exams; Taking courses in specific areas of law at a Canadian law school or 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.
Application Process
The application process is divided into two parts. Part I consists mainly of providing personal information and the payment of $160 CDN, this is non-refundable. Part II of the application mainly requires you to file, with the Licensing and Accreditation Department, a printed copy of your application along with required supporting documents. The basic details required here are: -
Personal Information Section
Proof of Legal Name
Voluntary Information Section
Good Character Section
Proof of Education Section
Experiential Training Selection
Licensing Examination Section
Declaration, Confirmation and Agreement
Process for Certification of Documents by a Guarantor or Referee
Submitting Photos
Submitting Proof of Legal Name
Submitting Good Character Information
Signing the Declaration and Obligations page
Application Fee and Late Fee Payments
Preparing the Application Package
For more details please visit here.
Immigration Process
After all the requirements are complete, none of it will be useful if you have the right immigration process which is a mandatory requisite. A work visa is necessary to be obtained. Canada is a country that has a shortage of professional workers such as lawyers.[1] Those who wish to study LLM and then settle as a lawyer must first obtain a study permit visa. It is valid up to the duration of the course. After graduation, the candidate can obtain a work permit to work in Canada after graduation.
For Outside Canada Graduates
You can apply for a PGWP from outside Canada as long as you are eligible and you’ve been approved for a study permit. You do not have to have held a valid study permit at any point during your online studies from outside Canada.
You have up to 180 days after you graduate to apply for a PGWP. When you apply, you must confirm the following:
that you attended and completed your program
the name of your program, and
the length of your program
Know More About The Post-Graduate Work Permit here.
For Professionals
The Comprehensive Ranking System (CRS) is the points-based system that the Canadian authorities use to assess and score your profile and rank you in the Express Entry pool. Know more about CRS here.
Technically, no minimum CRS score is needed for submitting a profile in Canada Express Entry as a Lawyer applicant. Having a job offer boosts your CRS score by 200 points. Thus, it is sensible to start this process as soon as possible. The immigration code is assigned to each occupation in the Canada NOC List. 4112 is the code for individuals seeking to immigrate to Canada as a Lawyer. It is also known as the Solicitors NOC Code. You would have known through online platforms that a job offer is a prerequisite for immigrating through the Express Entry system.
However, Lawyers also have extra options for securing the PR Visa. Lawyers are able to process their immigration applications under the various Immigration pathways of Canada even without a job offer due to the huge demand for lawyers in the nation. It is for this reason that the occupation finds a place in the list of targeted occupations in the In-Demand List of the National Occupation Code. So lawyers across the world have a great option for residing and working in Canada with a PR Visa.
Examination
The examination is open book, based on source material provided by the law society of the province. Each exam is each 7 hours long and the candidates are allowed to carry the source material. The paper pattern and subjects to keep in mind are below.
For the Barrister exam: -
Ethical and Professional Responsibilities
Knowledge of the Law
Establishing and Maintaining the Barrister-Client Relationship
Problem/Issue Identification, Analysis, and Assessment
Alternative Dispute Resolution
Litigation Process
Practice Management Issues.
For the Solicitor Exam: -
Ethical and Professional Responsibilities
Knowledge of the Law (Ontario and Federal Legislation, Case Law, Policy, Procedures, and Forms)
Establishing and Maintaining the Solicitor-Client Relationship
Fulfilling the Retainer
Practice Management Issues
The questions in the exam are designed in such a way that it covers all the necessary aspects that an entry-level practitioner has to keep in mind.
Articling or Law Practice (Experiential Training)
This is a necessary part of practising law in Canada. The candidate is allowed to choose one from two forms of experiential training: -
Articling Program - This is an 8-month training course where the candidate is placed with an approved principal to gain practical legal skills in preparation for entry-level practice.
Law Practice Program (LPP) - This is also 8 months long but it is divided into a gap of 4 months. A four-month training course and a four-month work placement.
This training is mandatory. It can be exempted subject to some conditions.
Good Character Requirement
According to the Law Society Act, all licensed members should have good character. This is to uphold the prestige and ethics of the law society. During the licensing application, the candidate has to answer some questions that assess their character.
Call to the Bar
This occurs only after the candidate has successfully completed the application process for the license. The applicant has to pay a call to the bar fees. The applicant also has to attach some documents mainly: -
an Application for the Licensing Process duly signed and certified by a guarantor or referee;
certified proof of legal name;
NCA certificate
two passport photos;
certified proof of legal name change (if applicable);
all articling documents including:
Articles of Clerkship
Certificate of Service Under Articles
All candidates must complete the “Affidavit for taking the Oath” and a "Petition for Call to the Bar and Certificate of Fitness Form". The documents provided to eligible candidates must be fully completed, signed, commissioned, and witnessed.
Through these step-by-step processes, one can qualify and can be permitted to practice law in Canada. For more details refer to the important links below.
Can An Indian Law Graduate Become A Lawyer In Canada?
Canada's National Committee on Accreditation (NCA), which evaluates the internationally-obtained credentials of lawyers who wish to practice in Canada, announced in 2015 that the law degrees of legal professionals from India will be considered equivalent to those from the United Kingdom and Australia.
Remuneration For A Lawyer In Canada
Needless to say, the profession of a lawyer is held in high regard and is financially rewarding, more so with the increasing years of experience. Given below we have covered the standard remuneration for lawyers in Canada as well as in certain Canadian locations:
Community/Area
Salary ($/year)
Low
Median
High
Canada
37,347
116,940
294,346
Alberta
46,078
140,808
423,922
British Columbia
37,400
115,621
242,117
Manitoba
45,823
109,179
198,651
New Brunswick
30,259
79,485
140,372
Newfoundland and Labrador
55,248
131,203
279,002
Northwest Territories
N/A
N/A
N/A
Source: HERE
What Are The Top Law Firms Based In Canada?
Borden Ladner Gervais LLP
Gowling Lafleur Henderson LLP
Fasken LLP
Norton Rose Fulbright LLP
Blake, Cassels & Graydon LLP
Important Links:
https://lso.ca/becoming-licensed/lawyer-licensing-process#call-to-the-bar-of-ontario-become-licensed--4
nca.legal
Legal Bots wishes you all the best!
[1]https://www.urbanlegal.ca/weekly-insights.html?nID=38
