Understanding the Canadian Accreditation Process for Internationally Trained Law Students & Lawyers - A Birds Eye View

Foreign law graduates and lawyers who wish to practice law in Canada must undergo an accreditation process before they can start the lawyer licensing process. This process is known as the National Committee on Accreditation (NCA) process. Yes, as foreign-trained law students and lawyers, we are required to go through two distinct processes to become licensed lawyers in Canada.

The main objective of the accreditation process is to ensure that internationally trained law students and lawyers possess the necessary legal knowledge and skills to embark on the lawyer licensing process in Canada. However, the effectiveness of the NCA process in achieving this goal has been a topic of discussion on its own.

In my case, I completed a two-year LL.B program in England, which led to me being assessed to write six mandatory courses and one optional exam. The term "optional" in this context was misleading since I had no choice but to write it. Consequently, I was obliged to take a total of seven exams. Other candidates may be assigned a different number of exams based on their individual circumstances, which the NCA does not fully explain.

Both education and professional experiences play a role in determining the specific path a candidate must take to complete the accreditation process. Once the assessment is completed, candidates are required to either take specific exams or courses from a Canadian-based law school within a specified timeframe.

Some LL.M programs offer an alternative route to meet the NCA requirements. For example, the Canadian Common Law LL.M program at Osgoode Law School provides such an alternative.

The six mandatory exams I had to write were:

1. Canadian Professional Responsibility (commonly referred to as "PR").
2. Canadian Constitutional Law.
3. Canadian Administrative Law.
4. Foundations of Canadian Law.
5. Canadian Criminal Law.
6. Business Organizations (previously known as "Corporate Law").

My seventh "optional" exam was family law. I chose family law since I discovered that there was a dedicated family law section on the barrister exam (one of the two exams required for "the bar exam"). I wanted to prepare myself as best as possible for the next challenge.

In order to afford the exams, I had to work two jobs. This situation left me in limbo; I was considered "overqualified" for some legal industry roles and underqualified for articling positions. This can be a challenging situation for others as well. Some may find work in roles related to law if they're lucky or not "overqualified."

Fortunately, I managed to secure two jobs, one of which was flexible and supportive of my situation. I completed my last three exams in October, even though I didn't feel fully prepared for all of them. I was simply exhausted and eager to finish. I did my best with the time I had, and I passed all three exams, receiving my NCA certificate in January 2019.

The lack of guidance and transparency throughout the NCA process makes it particularly challenging. The NCA does not even provide specific exam result release dates; candidates are given a range of time (e.g., 10-12 weeks) during which they might receive their results, which can sometimes exceed that range. I found myself writing exams without having received the results from the previous session. This adds considerable pressure to the process.

Having a support group is crucial during this journey. I'm not referring only to the support of family and friends, but also to the companionship of others going through the same process. Moreover, personal motivation and commitment are essential.

The NCA process taught me not only about Canadian law but also about self-discipline, determination, and the ability to be my own teacher. These invaluable skills have proven beneficial both personally and professionally. The process is indeed demanding, particularly the exams, which are entirely self-taught.

In retrospect, there is room for improvement in the system, but that is not the focus of this piece. Its purpose is to provide candidates with an overview of what the NCA process entails so that they can better navigate it. Conquering the NCA requires patience, self-discipline, focus, goal orientation, and the courage to face the challenge head-on.

- Hirra G