Foreign Trained Immigrants and Access to their Professional Fields:

The Case of Foreign Trained Lawyers

Dr. Julian Hermida

Algoma University

Legal practice in Canada

• Regulated profession.

• Provincial jurisdiction.

• Common law vs. Civil law.

• Foreign legal consultants.

• Licensed practicing lawyers.

Assessment of foreign legal credentials

The National Committee on Accreditation

• NCA composition: 3 law school professors (2 deans) and 5 practicing attorneys.

• Mandate: Equivalent education and training to graduates of Canadian law school.

NCA’s hidden goals

• To prevent US lawyers to practice in Canada.

• To prevent Canadian students from studying abroad.

NCA erroneous assumptions

• Canadian law is unique.

• Canadian law schools teach black letter law.

• Common law and civil law are radically different.

• Canadian legal education is superior to most countries.

Assessment of foreign legal credentials

• Source country of legal education.

• Subject matter studied.

• Academic marks and standing.

• Nature of the degree granting institution.

• Professional qualifications and experience.

• Length and nature of legal experience.

Other assessment factors

• Language of instruction.

• Academic standing.

• Content of courses.

• Quality of undergraduate education.

• Age of degree.

NCA decisionsCommon Law systems

• US: 1 year to 1 ½ years.

• England, Wales, Australia, New Zealand, Hong Kong: 1 to 2 years (some cases even 3 years).

• India and Pakistan: 2 years

NCA decisions Civil Law systems

• Rest of the world: No recognition of foreign legal credentials.

Assessment factor as a barrier to legal practice

• Most immigrant lawyers trained in developing countries do not apply for assessment of their foreign legal credentials.

• No recognition for foreign legal credentials obtained in developing countries (civil law jurisdictions).

Conclusions

• Reform of the assessment of foreign legal credentials.

• Potential contribution to the Canadian legal profession.