The journey to becoming a licensed lawyer in Canada involves various stages of examinations and plenty of studying. We understand that sometimes, Internationally Trained Lawyers (“ITLs”) are unsure of which province to launch or recommence their legal career in. That is why in this blog post, we will examine the different licensing requirements of the major provinces in Canada that may assist ITLs in deciding which one compliments their experiences more.
British Columbia (“BC”).
The first step for ITLs to get licensed in BC is to complete a common law program at a Canadian law school and complete their National Committee on Accreditation (“NCA”) requirement. For information on completing NCAs, kindly click on this link. Consequently, they must complete the Law Society Admission Program that takes a period of 12 months. This program involves a 10-week Professional Legal Training Course (PLTC) examinations, and a 9-month articling period in a law firm or legal workplace. The PLTC essentially concentrates on building practical skills, ethics, and training for lawyers to use what has been taught in law school into practice. The examinations cover some of the core practice areas in which ITLs will be examined: business (commercial and company), real estate, wills, civil, criminal procedure, family, professionalism (ethics and practice management).
The final step in becoming a lawyer in BC is to apply for call and admission with the necessary documentation. Thereafter, new lawyers declare the barristers and solicitor’s oath in a call ceremony and become eligible to practice law in the province of BC. More information can be found on this link.
Alberta
Becoming a licensed lawyer in Alberta is a four-step process that begins with completing the NCA exams and obtaining a Certificate of Qualification. After this certificate is sent to the Law Society of Alberta, ITLs must apply for a student-at-law status. It is important to note that ITLs must secure an articling position before applying for the student-at-law status. The articling period can range from 8 to 12 months.
The next step for ITLS is to complete the 9-month Practice Readiness Education Program (PREP) which is administered by the Canadian Centre for Professional Legal Education (CPLED). This program is otherwise known as the Alberta Bar admissions program. PREP focuses on examining lawyering skills, practice and management skills, ethics, and legal knowledge. The final stage in becoming an Alberta lawyer is applying to become a Law Society member. More information can be found on this link.
Manitoba
As with the previously discussed provinces, the foundation to becoming a lawyer in Manitoba is to complete NCA exams and obtain a Certificate of Qualification. The second step is to complete a 52-week articling period with an approved Manitoba lawyer and complete PREP (administered by CPLED). Notably, ITLs must apply for admission as an articling student along with the necessary documentation.
After successfully completing the articling and PREP requirement, ITLs are eligible as solicitors in Manitoba. To become and remain a solicitor in Manitoba, ITLs must have a good character and be “fit and proper,” a familiar term in our home jurisdictions.
The Law Society of Manitoba has a detailed article and budget for the entire licensing process here.
Saskatchewan
There is a 5-step process involved in becoming a lawyer in Saskatchewan:
- The NCA Certificate of Qualification must be received.
- An application must be made to the Law Society to become a student-at-law.
- ITLs must obtain an articling position that runs for 12-months.
- Similar to the process in Alberta, ITLS must complete the 9-month PREP process (administered by CPLED).
- The final step is applying for admission as a lawyer and paying the necessary fees. Post that, the Law Society Roll is signed, and the new lawyers will be admitted at the call ceremony.
More information on applying for admission as a lawyer in Saskatchewan can be found here.
Ontario
Many ITLs find themselves in Ontario because of Toronto’s multiculturalism and vibrancy. Getting licensed in this province is a bit different from the abovementioned. In Ontario, after ITLs receive their Certificate of Qualification from the NCA, they must complete the Barrister and Solicitor Licensing Examinations. Both exams are multiple-choice and open-book.
As stated on their website, the barrister examination evaluates your knowledge in ethical and professional responsibilities, knowledge of the law (Ontario and federal legislation and case law), establishing and maintaining the barrister-client relationship, problem/issue identification, analysis, and assessment, alternative dispute resolution, litigation process, and practice management issues.
On the other hand, the solicitor exam evaluates 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, and practice management issues.
Thereafter, ITLs can choose to either complete the Law Practice Program or the Articling Program to satisfy the experiential training requirement. The Articling Program requires the completion of an 8-month placement with an approved principal to gain legal skills. Comparably, the Law Practice Program consists of a 4-month training course followed by a 4-month work placement. The Law Practice Program is offered by both Ryerson University and the University of Ottawa. ITLs need to note that they can be exempt from the experiential training requirement if they can show at least 10 years of practice in a common-law jurisdiction.
ITLs must also be of good character since they will answer questions for review by the Law Society. Once all these requirements are met, the final step in this process is for ITLs to be called to the Bar of Ontario. More information can be found on this link.
Nova Scotia
The licensing process in Nova Scotia is a unique one. ITLs who have already been called to the Bar in another country (outside Canada) will simply apply to the Nova Scotia Barristers’ Society as a transfer applicant. This is after completing their NCA exams and receiving the Certificate of Qualification, as it is a required application document. The next step is to apply for admission on transfer, pay the transfer fee and attach the necessary documents. These documents include a notarized copy of a government-issued photo ID, certificate of standing from the jurisdiction in which you have been licensed to practice, certificate of standing from any professional organization that you have been or are a member of, and two statements of good character. A criminal record check will also be conducted on the applicant.
It is important to note that in this province, the decision to admit ITLs still lies with the Law Society, and they may approve the application for admission subject to certain conditions as deemed fit. ITLs may be required to complete all or part of the Bar program, the PREP, article, or examine varying Bar materials. Once these conditions are fulfilled, the ITL can then be admitted to the Bar.
In relation to ITLs who have not been admitted to any Bar outside of Canada, post completion of the NCA exams, they are required to article and work as a clerk with a firm, lawyer, or an approved organization. More details about the articling process can be found in their Articling Handbook. The next step is to apply for enrolment to the Bar Admission Program, which decision is subject to the approval of an Executive Director. Once the articling requirements are successfully completed, the ITL is admitted to the Nova Scotia Barristers’ Society. The Nova Scotia Barristers’ Society has a detailed pathway diagram for ITLs here.
To compare and conclude, most of the law societies in Canada need the NCA’s Certificate of Qualification as opening the entry to their differing bar admission and licensing processes. Although the path to becoming a lawyer in the various Canadian provinces may seem complex, the ITL Network has numerous resources and a supportive community to guide ITLs through it all. At the ITL Network, we are always striving to share our diverse experiences to create a foundational platform for ITLs to kick-start their legal careers in Canada.
