THE ACCREDITATION PROCESS FOR FOREIGN LAWYERS IN CANADA - LinkedIn

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THE ACCREDITATION
PROCESS FOR FOREIGN
LAWYERS IN CANADA
Seyfi Sun
5 articles Follow
Lawyer at Lewis & Associates
March 23, 2019
Open Immersive Reader
I wrote this article with the purpose of giving information

about how to be a lawyer in Canada in focus of Ontario to
the lawyers who practice law in foreign countries.
The article contains general information on Common Law

System, law degrees in Canada, accreditation processes and
licensing processes of Law Society of Ontario. It does not
cover every situation. This document does not explain the
law. It does not tell you what you should do and why you
should do it.
The article doesn’t give information about immigration to

Canada. The information given here is for those who are a
Canadian citizen or has come to Canada as citizens,
permanent residences, protected persons or persons with
valid work permits. People with study permits can also
https://www.linkedin.com/pulse/accreditation-process-foreign-lawyers-canada-seyfi-sun/ 1/13
complete a part of the accreditation process, and I will

address this topic later in the article.
Before going into the accreditation issue, it’s useful to

understand the differences between the law systems since
it is the main issue foreign lawyers face in the course of the
accreditation process. I start by explaining the legal system
in Canada, continue with the ordinary way to become a
lawyer, and at last talk about the accreditation process.
Legal System in Canada
Continental European Law (also known as Civil Law) and

Anglo-American Law System (also known as Common Law)
are the most commonly used legal systems in the world.
The Civil Law System is the legal system that is based on

Roman Law and prevails throughout Europe. Codification is
essential in this legal system. France, Germany,
Scandinavian Countries, and China use the civil law system
in their countries.
The Common Law is currently in practice in The United

Kingdom, Ireland, The United States, Australia, New
Zealand, India, and Canada. Historically, the source of law in
this system is the decisions in the cases made by judges. In
addition, every system has a legislature that passes new
laws.
Amongst other common law countries, Canada has a

special place. Canada is a Bijural country. Bijuralism is
defined as the existence of two legal traditions within a
single state. In Canada, the province of Quebec practices
civil law while other provinces practice common law system.
As a lawyer educated in both systems, I can say that there is

no similarity except for small details here and there
between Civil Law and Common Law. Mindsets behind
these legal structures are completely distinct. Frankly
speaking, I did not comprehend common law as a
completely different system until I studied common law in
Canada. Rather, I thought the difference was rooting from
the variation of the rules of law.
Law Degrees in Canada
To better understand the accreditation process, it is useful

to examine law degrees how they apply to Canada.
Bachelor of Laws (LL.B., B.L. or B.A.) is an entry-level

undergraduate degree. This designation is still used in
many countries, like in my home country, Turkey. Not all
LL.B. degrees or BA degrees are the same. There is a lot of
confusion on this matter. People are divided on whether
LLB and BA are the same, whether the difference roots from
tradition or their ability to provide a chance to practice law
as a career. After reading lots of materials about it, the
topic is still vague for me. What I can say is the differences
mostly derive from the countries’ implementations. Reasons
under the implementation can be academic tradition or
something else, but one thing is certain that they all are
undergraduate degrees.
In Canada, the law was taught as an undergraduate degree,

as LL.B., until recently. Regardless, historically, most of the
applicants were applying to law schools after
undergraduate education.
Canada transitioned from LL.B. to J.D. in the mid-1960s.

Juris Doctor / Doctor of Jurisprudence Degree (J.D.) is a
graduate degree and was initially used in the US. In order
to be able to enroll in a law school in Canada, a person
must initially earn an undergraduate (Bachelor’s) degree. I
should also note that some law schools accept the
completion of at least three years of the bachelor’s degree,
however, this might lower the chances in the application
process due to the serious competition.
Admission Processes to Law Schools in Canada
After completing the undergraduate degree, one must have

a Law School Admission Test (LSAT) score in order to be
able to apply to law schools in Canada. The test is held up
to six times a year.
LSAT is a very competitive test that serves as the first step

of elimination in admissions. It tests the level of
comprehension, logic and analytical thinking. The test
doesn’t evaluate the factual information on any subject
area, including law, hence, it does not rely on what
subject(s) you study in school. Many students who consider
applying to law schools take LSAT in the third or last year of
their undergraduate education.
There are 17 Common Law schools in Canada. Due to the

fact that the admissions process of each school is
independent, the LSAT exam scores and the minimum

requirements of the universities vary.
Students who meet the requirements and are admitted are

eligible for 3 years of education in order to earn a JD
diploma.
Becoming a Lawyer
In Canada, the completion of a JD law degree alone is not

enough for a candidate to become a lawyer. After
graduation, the person is required to pass the bar exam of
the province they want to practice law in and complete the
required internship which is called articling.
Each province has the right to establish its own legal

principles in areas determined by the Canadian
constitution. Accordingly, licensing processes of each bar in
the provinces also differ from one another. Thus, lawyers
can only practice within the limits of the authority of the
bar which they are a member of.
Financial Aspects of Studying Law in Canada
The American and Canadian universities are not tuition free

or low-cost as in Europe. Although the Government of
Ontario has a grant (OSAP) for low-income students
(citizens and permanent residents), this grant does not
cover JD education.
The JD program for domestic students (in Canada) is

around $38,000 CAD per year. For international students,
this amount is $51,000 CAD per year. These fees do not
include residential and living costs.
In order to be accessible, Universities often make deals with

the banks and offer students a low-interest loan. It’s
common that after graduation, people continue to pay for
their loans for years.
ACCREDITATION PROCESS FOR FOREIGN LAWYERS
Anyone with an at least an undergraduate law degree can

go through Accreditation process overseen by the National
Committee on Accreditation (NCA).
NCA is a committee working under the Federation of Law

Societies of Canada. The assessment of whether or not
foreign law graduates can be accredited in Canada is
carried out exclusively by this institution.
Applicants must meet with the Federation’s National

Requirement, a uniform national standard applied to all
graduates of Canadian Common Law Programs.
After meeting the requirements, NCA certifies that the

applicant has an understanding and knowledge of
Canadian law; and knowledge equivalent to that of a
graduate of a Canadian common law program.
NCA measures the existence of this competence in the

following subjects:
Canadian Administrative Law (Mandatory)
Canadian Constitutional Law (Mandatory)
Canadian Criminal Law (Mandatory)
Foundations of Canadian Law (Mandatory)
Canadian Professional Responsibility (Mandatory)
Contracts (Core Subject)
Torts (Core Subject)
Property (Core Subject)
An applicant who has studied in a Common Law

Jurisdiction may be able to satisfy one or more of the
substantive legal knowledge requirements, on top of the
five Mandatory Subjects.
Applicants from jurisdictions other than Common Law

Jurisdictions are required to complete an Approved
Canadian Common Law Program (J.D. or LL. B) or an LL.M.
in substantive Canadian law.
Once an assessment is complete, there are three ways NCA

applicants may demonstrate competency in assigned
subject areas. These are:
1. by successfully completing NCA challenge exams;
2. by completing assigned subjects at a Canadian law

school; and
3. by a combination of option 1. and 2., that is meeting

some assigned requirements by writing NCA challenge
exams and the remainder by completing the courses at
a Canadian law school.
As a person coming from a civil law country, with a BA

degree in law, I chose to go through option 2 by
graduating from an LLM program that satisfies the
minimum requirements of accreditation.
Master of Law (LLM)
Master of Laws (Legum Magister - LLM) is a program which

any person with a bachelor's degree can apply. It is a post-
graduate level law education. It is open to all who wish to
improve themselves in law in general or a specific topic in
law.
The LLM program is open to many scholarships and

government grants. Most LLM programs take a year or a
year and a half to complete. Thesis-based masters
programs are also available for those who want to advance
in the academic sphere.
Currently, only three law schools in Canada provide LLM

programs that are designed to meet the requirements of
NCA process. They are GPLLM at the University of Toronto,
Common Law LLM at the University of York (Osgoode Hall
School of Law) and the Master of Laws at the University of
British Columbia (Peter A. Allard Law School).
Personally, I think that the most beneficial option for an

applicant with a civil law background is to complete a
designated LLM program. By successfully graduating from
the LLM program, you will receive a post-graduate degree
while satisfying the NCA requirements.
Application to Law Schools and Admission to an LLM

Program
When applying for Master programs, you must meet the

requirements determined by the university you want to
study in. Each university has a separate and unique
application process. Meeting the requirements of the
application, however, doesn’t guarantee admission.
Applicants still go through an extensive screening process.
Master programs of the three universities mentioned above
have similar following conditions:
BA degree (for those who wants to be accredited as a

lawyer) with a minimum mid-B standing
TOEFL or IELTS scores for those who earned their

undergraduate degree in a language other than
English (minimum score of 7.5 for IELTS and 100 for
TOEFL)
Academic Transcripts and Diplomas, GPA should be

higher than 3 or 3.5 out of 4.
Statement of Purpose / Personal Statement (a very

well-prepared letter, the application committee first
reads this letter, so it should be impressive)
Two Reference Letters and Up-to-date Resume
Although these minimum requirements are considered as

essentials and mostly determinative, some flexibility is
afforded when the admissions committees review your
applications. Do not be discouraged when you don’t meet
one or two of the requirements. For example, even though
you have a GPA of less than 3.5, with a well-prepared
Statement of Purpose showing your other outstanding
accomplishments, you might still get admitted. Your
achievements in your professional life, experiences in
international legal bodies, advocating cases on high courts
or published written works might be very useful in this case.
You want to stand out amongst other candidates.
Therefore, I recommend everyone to try their chances by

focusing on the successful parts of their applications. The
personal declaration letters play a big role in the initial
screening. It might be useful to get help from a
professional.
The financial aspect of doing masters should also be

considered. If you do not have citizenship, permanent
residency or protected persons status, you may only be
admitted to these programs as an international student.
Although it varies from one law school to another, tuition
fees are around $35,000 CAD for domestic students and
$61,000 CAD for international students. The Government of
Ontario’s OSAP grant covers most of the tuition for master
programs for low-income students. It should also be
considered that you cannot take the bar exams and do
articling as an international student without having at least
a work permit in Canada.
Becoming Licensed to Practice Law
In Canada, completion of a law degree alone is not

sufficient to permit a candidate to practice law. Whether
you have a JD degree or a Certificate of Qualification by
NCA, you must write and pass the provincial bar exams and
either do “Articling” or complete Law Practice Program
(exclusive to Law Society of Ontario).
Each law society can determine its own licensing processes.

I’ll be focusing on the Law Society of Ontario’s licensing
process.
A JD graduate or an NCA accredited person must pass four

stages to be licensed to practice law in Ontario:
1. Passing the Barrister Licensing Examination & Solicitor

Licensing Examination
2. Completing the Experiential Training (10-month

Articling Process (Internship) or Law Practice Program
(LPP))
3. Having a Good Character.
4. Being Called to the Bar of Ontario. (Become Licensed)
Licensing examination is one of the most difficult

elimination processes that many applicants, especially NCA
accredited lawyers, have a hard time to get through.
The Ontario bar examination is a multiple-choice, open

book exam. It has two stages, Barrister and Solicitor exams
that are 7 hours in length each. Both examinations are
offered three times per year (November, March, and June).
For those who are foreign to the concepts, the difference

between the Barrister and Solicitor is that the barristers can
act as advocates in legal hearings. It is also referred to as
the Barristers’ qualification to wear a gown in court.
Solicitor, on the other hand, mainly performs legal work
outside the court.
Many JD students aim to pass the bar exams before they

start their articling. Since JD students are graduating in
May, they mostly prepare for the bar exams held in July and
fulfill the bar examination requirement before the new year
begins.
On the other hand, it is a little bit different for the

accreditation students. LLM programs are intensive
programs offered with 3 semesters in one year. Because of
the course load, programs end at the end of August; hence,
the students are unable to take the exams in June sitting. It
also takes some time for NCA to review the transcripts and
issue your certificate of qualification.
Passing the bar exams is not a prerequisite for the articling

process. Licensing candidates can take the exams before,
during or after the articling process. However, Certificate of
Qualification is a prerequisite for foreign lawyers to be able

to start their licensing processes in the law societies.
Here is the diagram I prepared which summarizes the

difference between the normal process and accreditation
process in Canada:
At this point, I believe, it would be appropriate and

encouraging to share the annual income of the lawyers
after going through all of these soul-crushing steps.
According to the research conducted by Ivy Global

Company in 2010:
A friend of mine who is a lawyer once told me; currently, if

a lawyer with two years of experience cannot earn
approximately $150,000 CAD per year, s/he should leave
the profession. Of course, this is an opinion and spoken for

conditions in Toronto.
All things considered, being a Lawyer in Canada is

prestigious, has a respected social standing and is
profitable. I believe, practicing law as a profession is one of
the rare occupations that is worth going through all the
challenges you face along the way.
The most challenging parts for me were passing the bar

exams and finding an articling position. Especially in
Toronto, articling positions are limited, and applications are
very competitive.
I observe that there is a prejudice against NCA accredited

lawyers. Having said that, I understand the underlining
reasons behind this prejudice. Lawyers deal with the most
important building block of society, law. Mistakes in the
practice of law could cause irreparable damages to the
client. Since English is a second language for most NCA
accredited lawyers and their knowledge on common law
might be less extensive than the JD graduates, native
lawyers are reluctant to hire NCA accredited lawyers to their
practices. Be that as it may, NCA accredited lawyers could
also make great contributions to the lawyers’ practice. Since
most of them are licensed in at least two countries, they
may open a new market for law firms.
Moreover, NCA accredited lawyers also bring their

community’s potential to firms as prospective areas of
practice. Being in connection with a community brings new
clients, expands the firm’s market power and is an effective
way of marketing especially in a multi-cultural city like
Toronto.
I should add that as an NCA accredited Lawyer, in my

opinion, we must work harder, study harder and perform
our duties with the best of our abilities in order not to stain
the dignity of the profession in Canada.
Special Thanks
At the end of my article, I want to thank the staff of the

GPLLM program at the University of Toronto. They are the
most dedicated and helpful people I have ever known. They

are professional and they work tirelessly to solve your
problems even after you graduated. I don’t know how many
times I emailed them with maybe frivolous questions and
ask their help during these processes. Yet, they always
answered my questions with kindness.
Similarly, I should also thank the staff of NCA committee. I

can’t stress their promptness enough. They answered my
inquiries even on weekends. I wrote them a thank you email
and offered them to send a big tray of “Kadayif” (a
traditional Turkish dessert) as an indication of my
appreciation. They didn’t reply to that email which I guess
prove how professional they are, because, where I come
from nobody says no to a Kadayif!
All in all, despite the hardships you face during the

accreditation processes, you will encounter helpful people
and make friends that will last long.
Seyfi Sun
2019
Finally, I should state again that this article was prepared

according to the information available based on the
conditions of the time it was written. There might be
unexplained details and overlooked considerations. The aim
of the article is to give general information to law
graduates in foreign countries who want to be accredited
as a lawyer in Canada.
Here are a few links that I think would help you with your
researches about this topic:
University of Toronto GPLLM Program:
http://gpllm.law.utoronto.ca/
York University, Canadian Common Law Program:
http://www.osgoodepd.ca/graduate-programs-and-
courses/specializations/canadian-common-law/
BC University, Master of Laws (Common Law) Program:
http://www.allard.ubc.ca/master-laws-llm-common-law-
program
National Committee on Accreditation (NCA):
http://flsc.ca/national-committee-on-accreditation-nca/
NCA’s Policies and Guidelines for Assessments:
https://flsc.ca/wp-content/uploads/2018/05/NCA-
Policies-Jan-2018.pdf
Law Society of Ontario Licensing Process:
https://lso.ca/becoming-licensed/lawyer-licensing-
process
Tips for writing a good Statement of Purpose:
https://crunchprep.com/gre/2014/powerful-statement-
of-purpose
http://grad.berkeley.edu/admissions/apply/statement-
purpose/
https://uni.edu/~gotera/gradapp/stmtpurpose.htm
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Seyfi Sun
Lawyer at Lewis & Associates 5 articles Follow
Published • 4y
#accreditation #accreditationprocess #foreignlawyers #foreignlawyer #canada

#lawyercanada #lawyer #attorney #barrister #solicitor #becomealawyer #become
#alawyer
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Add a comment…
Andrii Bieliaiev • 3rd+ 1y

Ukrainian Lawyer
Thank you
Like Reply
Carolina Diaz • 3rd+ 11mo

Law Student at UBC, NCA Candidate, Qualified lawyer in Chile
Good Morning Seyfi:
Thank you very much for your articule. I'm currently in the process with
NCA and I'm looking for the policies from 2019, I wondering if you please
can share them with me. Thank you very much in advance! …see more
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12/3/23, 9:35 PM (2) THE ACCREDITATION PROCESS FOR FOREIGN LAWYERS IN CANADA | LinkedIn

March 23, 2019

Open Immersive Reader

I wrote this article with the purpose of giving information

The article contains general information on Common Law

The article doesn’t give information about immigration to

complete a part of the accreditation process, and I will

Before going into the accreditation issue, it’s useful to

Legal System in Canada

Continental European Law (also known as Civil Law) and

The Civil Law System is the legal system that is based on

The Common Law is currently in practice in The United

Amongst other common law countries, Canada has a

As a lawyer educated in both systems, I can say that there is

Law Degrees in Canada

To better understand the accreditation process, it is useful

Bachelor of Laws (LL.B., B.L. or B.A.) is an entry-level

In Canada, the law was taught as an undergraduate degree,

Canada transitioned from LL.B. to J.D. in the mid-1960s.

Admission Processes to Law Schools in Canada

After completing the undergraduate degree, one must have

LSAT is a very competitive test that serves as the first step

There are 17 Common Law schools in Canada. Due to the

independent, the LSAT exam scores and the minimum

Students who meet the requirements and are admitted are

In Canada, the completion of a JD law degree alone is not

Each province has the right to establish its own legal

Financial Aspects of Studying Law in Canada

The American and Canadian universities are not tuition free

The JD program for domestic students (in Canada) is

In order to be accessible, Universities often make deals with

ACCREDITATION PROCESS FOR FOREIGN LAWYERS

Anyone with an at least an undergraduate law degree can

NCA is a committee working under the Federation of Law

Applicants must meet with the Federation’s National

After meeting the requirements, NCA certifies that the

NCA measures the existence of this competence in the

Canadian Administrative Law (Mandatory)

Canadian Constitutional Law (Mandatory)

Canadian Criminal Law (Mandatory)

Foundations of Canadian Law (Mandatory)

Canadian Professional Responsibility (Mandatory)

Contracts (Core Subject)

Torts (Core Subject)

Property (Core Subject)

An applicant who has studied in a Common Law

Applicants from jurisdictions other than Common Law

Once an assessment is complete, there are three ways NCA

1. by successfully completing NCA challenge exams;

2. by completing assigned subjects at a Canadian law

3. by a combination of option 1. and 2., that is meeting

As a person coming from a civil law country, with a BA

Master of Law (LLM)

Master of Laws (Legum Magister - LLM) is a program which

The LLM program is open to many scholarships and

Currently, only three law schools in Canada provide LLM

Personally, I think that the most beneficial option for an

Application to Law Schools and Admission to an LLM