Getting accredited

Entering the legal profession in Canada as an internationally-trained lawyer (ITL) who is requalifying as a lawyer is a complicated, arduous, and expensive process. ITLs from around the world must first apply to the National Committee on Accreditation (NCA) of the Federation of Law Societies of Canada for an assessment, provided they have a qualifying law degree that allows them to practice law in the jurisdiction of their legal studies. 

Depending on the legal system of their jurisdiction of origin, there are often significant disparities among NCA applicants.

Applicants from common-law jurisdictions are generally assessed on five core subjects (administrative, constitutional and criminal law, professional responsibility and foundations of Canadian law). 

The same goes for those from mixed-law jurisdictions, although they typically also get assessed on the additional subjects of contracts, property and torts.

Applicants from civil-law jurisdictions must get additional exposure to common law, prior to being considered equivalent to a mixed-law jurisdiction.

Common-law and mixed-law applicants generally have two options: challenge the NCA examinations through self-study or enrol in an NCA approved Canadian common-law program. Only the latter option is available to civil law candidates. In Alberta, NCA applicants can decide between the two NCA-approved programs at the University of Alberta or at the University of Calgary, launched in 2015 and 2020 respectively.

In deciding which option to pursue, NCA applicants must consider additional language, racial and cultural barriers, while completing the same bar admission requirements as their Canadian-trained counterparts — despite widespread efforts to promote diversity and inclusion.

All roads lead to Rome, but some are longer and more expensive

Duration and cost are two factors to consider. Five-to-eight NCA-assessed subjects can be completed via self-study examinations in 6-12 months at a cost between $2100 to $3,360, plus other assessment-related fees and required textbooks. It is a cheaper, albeit challenging option. That said, NCA applicants are only provided with exam schedules, syllabi, sample exams and access to a browser-based examination platform the day of each examination. Once attaining their certificate of qualification, NCA applicants are on their own to network and compete for articling positions. Although many find articles, others find themselves in precarious situations, such as unpaid roles or unsafe working conditions, which can cause many to lose hope and settle for near-law opportunities.

U of A’s program allows NCA-assessed candidates to register in up to ten core subjects or 35 credits during one academic year for $30,000, which does not include non-instructional fees or textbooks. U of C’s program is a one-year post-bachelor’s certificate, allowing NCA candidates to complete 24 units of coursework to fulfill the requirements of the five or six core subjects for $30,000, and any additional courses for $5,000 each, during one calendar year, plus general university fees and textbooks.

U of A’s program allows NCA candidates to follow the curriculum from the law school’s 1L JD program, and to study alongside 1L peers, interact with other students and law instructors without having to redo the entire three-year JD law program. NCA candidates can also access a NCA coordinator within the faculty for academic support and guidance. Furthermore, there is a career-services team available to them for mentoring sessions, career counseling on job applications, and exclusive access to student job postings.

U of C’s program mirrors NCA’s subject requirements, but interactions are mostly with other students and law instructors from the same NCA-approved program. Candidates get a taste of Canadian legal education, but not the full experience. In addition, it offers a yearlong professional development course, a dedicated careers advisor to provide support while securing interviews for articles, and exclusive access to certain job postings.

Prevailing issues and recommendations

Both university programs help to bridge the training gap for ITLs in Alberta. However, neither the NCA self-study examination path nor the university programs fully address the barriers faced by ITLs, especially the recruitment disadvantages they face when looking for articles. Indeed, many Canadian law firms only interview and hire Canadian JD students. ITLs have no local connection or legal-internship experience during their self-study and hold credentials that are not always understood or considered not ‘up to par’, despite completing the NCA process. 

However, both NCA-approved university programs in Alberta can be more compelling in promoting their NCA candidates as a separate pool of available talent. There are benefits to attracting a wider range of potential customers by tapping into the unique transferable skills ITLs can bring, which can increase business opportunities and help to solve unique problems. 

Legal employers and the Law Society of Alberta are encouraged to address the conscious and unconscious bias in the student hiring process to allow fair participation to ITLs within existing on-campus interviews, or altogether develop a separate ITL recruitment process. 

Organizations advocating for ITLs can intensify their efforts to promote NCA candidates challenging the NCA examinations to prospective employers. The self-study season of such candidates may be opposite to that of JD students. This may allow NCA candidates to be available to intern during the fall and winter seasons of each eligible year.

Finally, candidates can benefit immensely from volunteering their time and skills with legal-professional and legal-non-profit organizations. It is a veritable means of honing skills and gaining access to professional opportunities, while proving themselves to prospective employers.