Immigrating to Canada as a lawyer

As a foreign-trained lawyer, I found the journey to re-enter the legal profession in Canada overwhelming. However, despite its challenges, I am so pleased that I took the risk and put in the hard work because the rewards have made it all worthwhile. I can now call myself a dual-certified lawyer, and I have the opportunity to connect with and help so many diverse individuals in my new home.

Given the enormity of requalification in a foreign country, I wanted to share my experience with the process to help other foreign-trained lawyers looking to move to Canada.

The journey to re-enter the legal profession in Canada involves navigating complex accreditation procedures, overcoming various barriers, and ultimately contributing to the Canadian legal system with diverse skills and experiences.

The process is managed by the National Committee on Accreditation (NCA), a division of the Federation of Law Societies of Canada. Foreign-trained lawyers must undergo a series of exams, which may include multiple subjects depending on their education and professional background. The NCA evaluates foreign degrees to determine their equivalency to Canadian law degrees. This often requires completing qualifying exams or further attendance at a Canadian law school.

Once the NCA process is complete, foreign-trained lawyers must secure articles (or a clerkship) within their province and go through the required procedures to be called to the bar in that province. In British Columbia, foreign-trained lawyers seeking to be called to the bar must complete the Law Society of British Columbia’s professional legal training course (PLTC), which includes the mandatory solicitor and barrister exams. As some applicants may be exempt from parts of the PLTC program, contacting the law society for more information is best.

One of the most common challenges foreign-trained lawyers face is the financial strain of the requalification process, as the NCA process runs more than $3,000, and a year’s enrolment at a Canadian law school can cost up to $35,450. Coupled with the loss of income while unable to practice law, these costs can be significant.

The process can take several years, and delays in earning potential are often felt immediately. For many foreign-trained lawyers, the salary at the beginning of their careers in Canada may not reflect the years of experience gained abroad. Many firms base salaries on a lawyer’s year of call, meaning seasoned foreign-trained lawyers may earn the same wage as Canadian lawyers who have only recently graduated from law school. This discrepancy is disheartening, particularly for professionals with decades of experience.

Language barriers present another hurdle, especially for lawyers from non-English-speaking countries. The legal profession in Canada requires proficiency in the language of law and a deep understanding of Canadian legal traditions, statutes, and case law. Foreign-trained lawyers must invest significant time and effort into language courses, exam preparation, and study materials tailored to the Canadian legal landscape.

These challenges are not unique to the legal profession. Other regulated professions, such as healthcare, face lengthy and costly accreditation processes. These hurdles can result in significant delays in entering the workforce and hinder earning potential. 

However, some progress is being made in accelerating the accreditation process for certain professions. In British Columbia, for example, legislation has been introduced to speed up accreditation for healthcare professionals, such as nurses, who have trained abroad. It is hoped that the legal sector will follow suit and introduce similar policies to expedite the entry of foreign-trained lawyers into the workforce.

In addition to the tangible hurdles of accreditation, foreign-trained lawyers may also experience a sense of isolation, particularly in a new country. Finding the necessary support and mentorship can be difficult without a local network. This lack of community exacerbates the emotional challenges of the accreditation process, making it essential to seek connections and advice wherever possible.

Given the increasing number of immigrants entering Canada, the value of foreign-trained professionals cannot be overstated. These professionals bring a wealth of experience, diverse perspectives, and a global understanding of legal systems that can only enrich Canadian legal practice.

As the profession becomes more inclusive, it is essential that there are more structured opportunities for foreign-trained lawyers to connect and support each other. One such network is the recently formed Internationally Trained Lawyers Section of the Canadian Bar Association, of which I am proud to be a section executive.

This section aims to connect and support lawyers who are completing or have completed the NCA’s certificate of qualification to practice law in Canada. It offers a forum for learning, connection, and support to secure employment, adapt to the British Columbia legal landscape, and focus on skills and knowledge development relevant to this group.

The process of becoming a lawyer in Canada was rigorous, but with determination, I was able to overcome the barriers. The legal profession in Canada is gradually evolving, with increasing recognition of the value foreign-trained lawyers can offer. As the legal system continues to adapt, these professionals will play an increasingly important role in shaping the future of Canadian law.

* This opinion piece first appeared in BarTalk, the publication of the Canadian Bar Association’s BC Branch.