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.
Top Related