The National Committee on Accreditation (NCA) Exams represent the initial step for internationally trained students seeking qualification in Canada. Upon successful completion, candidates gain the right to article and take the Bar exam in their province. Depending on the duration of their LL.B program, students may be assigned five core exams (for 3-year LL.B UK students) or seven exams (for 2-year LL.Bs)—the five core Canadian Law subjects and two electives. The NCA exams are open-book and graded on a pass-fail basis, with 50% constituting a pass. Some argue that the NCA process is "too easy" and does not adequately assess candidates' preparedness for the Canadian legal profession.
However, I contend that the main issue with the NCA process is not its perceived ease but rather other factors such as passing rates and the disparity between self-study and professional instruction. In comparison to Common Law LL.M candidates at top Canadian Law Schools, the exams and materials required for NCA qualification are equivalent. Moreover, the passing grade required is not substantially different from the minimum passing grades demanded from JD candidates at Canadian schools like U of Ottawa, who benefit from the assistance of teaching faculty.
The NCA exams are not designed to be a mini-Bar and are inherently different from the Ontario Bar exam materials due to their single-subject nature. In this limited sense, the NCAs could be considered "easy." Nonetheless, each NCA module is accompanied by a vast amount of material, challenging students to manage information overload and locate key facts under time constraints—skills also beneficial for Bar exams. NCA students can capitalize on this opportunity to develop their open-book study and examination techniques in preparation for their impending Bar Exams.
Areas for Improvement
The passing rates for NCA candidates, particularly Canadian-born individuals educated abroad, have raised concerns. Canadian Law School candidates boast an 87% passing rate on the Ontario Bar exam, while NCA candidates have significantly lower passing rates (64% for Canadian-born NCA candidates and 53% for those immigrating from other countries).
Some argue that the inadequacy of NCA subject matter is to blame, but others point to the lack of professional instruction as a more significant factor. Institutions assisting students with NCA preparation, like Osgoode and NCA Tutor™, suggest that students who self-study may face more challenges compared to those who receive professional instruction. Many NCA candidates are mature students with full-time jobs and family commitments, which can lead to extended periods of completing the NCAs or even a break between finishing the NCAs and writing the Bar exam. In contrast, Canadian Law Students often take Bar assessments immediately after law school or alongside articling, benefiting from the freshness of their law school training and practical legal experience.
Improving the NCA Programme
Various opinions exist on how to enhance the NCA programme. In my humble opinion, introducing a mandatory, intensive bar-prep course could better serve the goals of the NCA exams. Though less flexible than the current individual subject exam format, a structured prep course conducted over a set period would provide students with necessary guidance from Canadian legal experts, ultimately offering more value for their money. This approach would add consistency to the NCA assessment process and instill greater confidence in internationally trained candidates' credibility and training.
The current arrangement has proven to be insufficient in meeting the diverse needs of students due to the significant variations in backgrounds and requirements (e.g. language barriers, previous training, etc.). Addressing these issues and revamping the system would undoubtedly benefit students and the legal market, welcoming strong Canadian lawyers with international experience.
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