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 decisions Common 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.