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"Hello Liran, I came across your post on South African Attorneys Emigrating, and I'm interested in practicing law in Canada. Could you please provide a step-by-step procedure for foreign attorneys seeking to become barristers or solicitors in Canada? Additionally, I would like to know which provinces require conversion and which do not. Your assistance would be greatly appreciated."
Ten Provinces, Ten Licensing Processes
Thank you for your inquiry. Canada comprises ten provinces, each with its own legislation that establishes law societies responsible for regulating the entry and practice of law. Consequently, the requirements for entering the legal profession may differ in each province.
Initial Step: Obtaining a "Certificate of Qualification"
Before commencing the licensing process in your desired province of immigration, you must obtain a "Certificate of Qualification." The Federation of Law Societies of Canada (FLSC) is an overarching body that delegates authority to the National Committee on Accreditation (NCA) to establish national standards for legal education and assess foreign qualifications. The NCA is responsible for issuing the "Certificate of Qualification," demonstrating that your knowledge of Canadian law is akin to that of a Canadian law school graduate. However, it's important to note that Quebec has its own private law system (civil law), and applicants wishing to practice there must apply directly to the Barreau du Quebec for certification.
Procedure to Obtain a "Certificate of Qualification"
To acquire the "Certificate of Qualification," you must submit an application to the NCA for assessment, along with the applicable fee (currently $350 + taxes). The NCA will then inform you of the assignments you need to complete to obtain the certificate.
The minimum assignments required may involve 5 exams, covering subjects such as Canadian Constitutional Law, Canadian Criminal Law, Foundations of Canadian Law, Professional Responsibility, and Canadian Administrative Law. These exams are held four times a year, allowing self-study and open-book format, permitting you to refer to textbooks and notes. Passing grade is 50% or above, and you have five years from the assessment date to complete these assignments. Extensions may be requested under special circumstances. If you prefer, you can fulfill the assignments through a Canadian law school, either as a single course enrolment or within an LLM program, subject to NCA approval.
Post "Certificate of Qualification"
Once you've completed all NCA assignments and received your "Certificate of Qualification," you are on par with a Canadian law school graduate, ready to proceed with the licensing process by applying to the provincial bar. The licensing process typically takes about a year to complete. Some provinces may require experiential training, while others mandate a combination of online and in-person courses. Prior legal experience may qualify you to waive the experiential training requirement in certain provinces.
Below are some useful resources to get you started:
The NCA has a helpful page setting out the process I’ve explained above. We have a Facebook page that you can follow to obtain updates directly from us. We also have an interactive facebook group where you can post questions and obtain answers from other candidates going through the process.
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