LLB/JD Accreditation Definition of Accreditation: To officially recognize the degree designation from an educational institution or professional body in accordance with a prescribed level of competency associated with performing a function or job associated with the degree on the basis of   objective standards that are fairly applied. Accreditation Categories: 1) LLB/JD Accreditation for employment in the Canadian & international job markets. An LLB/JD degree from an accredited U.K. law school is an internationally recognized professional degree. It entitles you to apply for any position in the Canadian and international job market that lists a law degree as an academic criterion for employment. 2) Accreditation for the practice of law in a Canadian province. To practice law in Canada candidates must the complete the following four steps: Obtain accreditation for their law degree in conformance with provincial law society standards. Complete a bar admissions course in the province in which you plan to practice. Work as an ‘articled clerk’ under the supervision of a practicing member of the bar for a term specified by the pertinent provincial law society. Meet professional and ethical qualification criteria for admission to the pertinent provincial law society (e.g. no criminal record, Canadian residency status, etc.) 3) Accreditation for the practice of law in the U.K., U.S. & European Union (EU). Canadian UK law school graduates are automatically entitled to apply for bar admission in the UK. They have the advantage over Canadian law school graduates of being eligible to practice law as a barrister or solicitor in the UK and qualify for international practice in the EU (European Union) as well as practising in Canada. Canadian U.K. law graduates who obtain a 2 year ‘Senior Status’ LLB/JD degree can qualify for one year American Bar Association (ABA), approved LLM degrees and be entitled to write bar admission exams for most US states. What is the  National Committee on Accreditation (NCA)? The Federation of Canadian Law Societies National Committee on Accreditation (NCA) http://www.flsc.ca/en/foreignLawyers/foreignLawyers.asp functions as the coordinating body for all of the provincial law societies, with the exception of Quebec, in accrediting ‘abroad’ LLB degrees. The NCA does not have accreditation powers in its own right. Only the self regulated provincial law society in each province has the power to set the standards and procedure for accrediting Canadian and abroad law degrees from the U.K as well as the U.S and other countries. The NCA acts as an agent and its powers are limited to those granted to it by its principal. Fall 2012 Update Students with an abroad law degree from the U.K. are at present required to meet the following criteria for accreditation: 2 years of university or university–equivalent college credits or a Quebec college CEGEP diploma and 3 years of legal education consisting of a three year LLB degree or a two year accelerated LLB/JD plus a one year LLM degree. The law program must consist primarily of in-person instruction that involves direct interaction between the instructor and students. Therefore, external/distance learning LLB degree programs from U.K. law schools will not meet the national standard. The national standard is to be applied to both domestic degree candidates and ‘abroad’ credentialed candidates. All candidates with ‘abroad’ law degrees who wish to enter a bar admissions program in a provincial law society must first have their degree assessed on an individual basis by the NCA and obtain a ‘Certificate of Qualification’. The assessment and certificate are based on the candidate demonstrating competency in ten core courses and participation in a law program that is equivalent to three years of study. The ten core courses and supplementary list are as follows: Contracts; Torts; Property; Evidence; Corporate Law (Business Associations); and Professional Responsibility. Principles of Canadian Administrative Law; Canadian Constitutional Law (with Aboriginal/Charter component); Foundations of Canadian Law; Canadian Criminal Law and Procedure; Six of the ten core common law subjects (in red) are generic. They may be taken at any accredited ‘abroad’ law school and the applicant will be given credit for them in Canada. Canadian students must make certain that these generic course are included in their law school curiculum. Otherwise, they will be required to write challenge examintions in the ones they didn’t take. The four underlined core common law subjects are Canadian-content specific. A student will be given credit for them when taken at an ‘abroad’ law school if they conform to a syllabus approved by the NCA. Otherwise the applicant will be required to write challenge examinations in these 4 subjects. Canadian students with ‘abroad’ law degrees that are assessed with less than three years of equivalent study will also be required to write 3 additional challenge examinations from a supplementary list of subjects to reach the three year equivalency standard. Civil Procedure; Remedies; Commercial Law; Family; Taxation; and Trusts. Therefore, Canadian students who take the 2 year accelerated/Senior Status LLB/JD degree in the U.K. usually have to write a total of 7 challenge examinations (as long as they have taken all of the above generic core courses in their U.K. program of study). Backgrounder on Accreditation John G. Kelly has taken the lead in the past seven years in advocating reform to ‘abroad’ degree accreditation! The Province of Ontario has recognized the peril of leaving it up to self regulated professions like the LSUC to accredit ‘abroad’ law degrees. The temptation to act in the self interest of looking out for their own as opposed to promoting the public interest by opening up self regulated professions to those who broaden their horizons and pursue international education is too much too resist. Moreover, the province appreciates the need to encourage Ontario students to pursue international educational opportunities, return to the province and enrich the professional services marketplace with their global perspective. It has enacted a Fair Access to Regulated Professions Act (FARPA) http://www.e-laws.gov.on.ca and created an Office of the Fairness Commissioner www.fairnesscommissioner.ca that is empowered to break down the systemic barriers inherent within the NCA process. Canada Law From Abroad was granted standing before the legislative committee responsible for the bill and was instrumental in ensuring that the LSUC was included as one of the self regulated professions to be governed by the act. Once the act was proclaimed, Canada Law From Abroad filed a detailed report on non-compliance by the LSUC with FARPA to the Office of the Fairness Commissioner. The LSUC struck a task force to examine licensure and accreditation in response to the passage of FARPA. The task force has issued the Licensure and Accreditation Task Force Report www.lsuc.on.ca/media/licensing.pdf and acknowledged that it must amend the abroad degree accreditation process to bring it into conformance with the FARPA. The LSUC instructed the Federation of Law Societies of Canada (FLSC) to undertake a comprehensive study on how the ‘abroad’ degree accreditation process should be amended to remove the present “systemic barriers”.  The FLSC set up a Task Force on Accreditation of Canadian Common Law Degrees www.flsc.ca which issued a Draft Discussion Paper acknowledging that it needed to respond to the directive of LSUC and amend the abroad degree accreditation process. Canada Law From Abroad submitted a response - 1) LSUC Submission May 2007.doc The FLSC Task Force issued a consultation paper in September 2008 - http://www.flsc.ca/en/whatsnew/whatsnew.asp#national. Canada Law From Abroad responded with an analysis and recommendations - 2) CLFA Response to NCA .doc The FLSC published the Task Force on the Common Law Degree Final Report 3) FLSC Final 2009 Report Submission.doc on October 20, 2009. (www.flsc.ca/en/whatsnew/whatsnew.asp#CCLD.) Canada Law From Abroad’s 12 Point Action Plan After a six year intensive involvement John G. Kelly, President of Canada Law From Abroad and accreditation expert, continues to play a lead role in dialoguing with the NCA on interpretation of these and other points contained in the national standard and requirements for U.K. law school graduates to obtain the Certificate of Qualification to ensure that they conform to the requirements for approving abroad law degrees in conformance with the Province of Ontario Fair Access to Regulate Professions Act (FARPA). This is the de facto national regulatory body given the dominant position of the Law Society of Upper Canada (LSUC). In the final report on October 29, 2009, The FLSC National Standard has clarified admission requirements for all Canadian and ‘abroad’ law schools. Two years of university credits or a Quebec college CEGEB diploma is the only pre- law school academic requirement for an approved law degree. Canadians looking to take advantage of the international education bridge and obtain an LLB degree in the U.K. can ignore all inferences to the Canadian J.D. being representative of a graduate degree level of study. The national standard for the approved Canadian law degree consists of a core curriculum and subject content that is identical to the U.K. LLB degree program. All Canadian LLB and JD degrees have been dictated by the FLSC and provincial governments to be classified as undergraduate professional degrees. Canadian students who use Canada Law From Abroad as their UCAS representative obtain these unique added-value and cost-free accreditation advisory and support services! The NCA has made significant improvements to its contact centre and intake program. Canada Law From Abroad has set up a precedent file tracking program for its students. This will assure uniform and fair assessment of all applications. The NCA requires all applicants seeking eligibility for foreign degree assessment and fall sittings for challenge examinations to have proof of their degrees filed with the NCA office by a pre-determined spring date. U.K. and Australian law schools do not as a rule issue proof of final degree completion before that date. Canada Law From Abroad has negotiated first consideration degree filing status for students who register with it as their UCAS representative and attend one of the law schools in the consortium. This will enable graduates to have their degrees accredited 3-6 months ahead of non-consortium graduates. The NCA has expanded the scheduling for challenge examinations from twice a year to four times a year. With examination sittings every three months Canadian students with three year equivalent ‘abroad’ law degrees from the U.K. can expect obtain their certificate in three to six months. Students with two year accelerated/senior status LLB degrees can expect to obtain their certificate in six to twelve months. Either way, U.K. law school graduates will now be able to qualify for bar admissions in approximately the same time period as graduates from domestic law schools. Canada Law From Abroad has been advocating that the NCA schedule challenge examinations on a quarterly basis for some time. Canada Law From Abroad has established a precedent with the NCA that ensures all students registered with it who attend law schools in the consortium are guaranteed seating for challenge examinations if they are eligible to write. The NCA has implemented an assessment appeal process in conformance with FARPA requirements. Canada Law From Abroad has set up an advisory for its students to facilitate appeals. All U.K. law schools registered with the England and Wales Solicitors Regulatory Authority (SRA) will now meet criteria as a law degree from an accredited U.K. law school. Canada Law From Abroad ensures that every law school in its U.K. Law School Consortium conforms with this requirement. Canadian students looking to go abroad who have registered with Canada Law From Abroad as their UCAS representative needn’t have any concern as to whether their degree will be recognized as being from an accredited law school as long as it is SRA approved as a qualifying degree. However, not every law program in an accredited law school is SRA approved. It is critical that prior to submitting an application through UCAS you determine that the law program you are applying to is a “qualifying degree” for bar admission! The NCA has confirmed that all U.K. law degrees will be assessed on the basis of a “3 year equivalent program of study”. Canada Law From Abroad has taken a leadership role in negotiating an agreement with the NCA that a “3 year equivalent program of study” can consist of: a ) a stand alone three year U.K. LLB degree program of study or b) a combination of a two year accelerated/senior status LLB and a one year U.K. LLM degree. Canadian students who select the combined degree route in the U.K. will have the advantage of obtaining both a professional LLB degree and full- fledged Masters degree in 3 years instead of the four years it takes to obtain the same two degrees in Canada. The LLM with its legal ‘expert status’/consultant creates significant advantages for entry level positions in law firms as well as opening doors to careers in government, consulting and law school teaching! (refer to LLM Masters of Law page). Canadian students with three year equivalent U.K. law degrees will normally only be required to write 2-3 challenge examinations in the Canadian core specific courses to obtain their Certificate of Qualification providing their legal program of studies has included the six generic common law subjects. Canada Law From Abroad has filed a submission with the NCA pointing out that students with three year equivalent law degrees from the U.K. already have met the three year requirement. Any student with a three year equivalent degree who takes an approved Canadian core curriculum course at a U.K. law school and obtains an NCA exemption should have the total number of challenge examinations decreased accordingly. Failure to recognize this and insist that U.K. students write challenge examinations in additional subjects contravenes the fairness requirement in FARPA. The NCA has agreed to take this under advisement and give it due consideration. CLFA will post developments on this site. The NCA will require Canadian students who choose to take the two year accelerated/senior status LLB degree program of study to write seven challenge examinations consisting of the four Canadian cores specific subjects plus three other subjects selected from the optional category that are absent from their program of study for a total of seven examinations to create and equivalent three year LLB degree program of study to obtain their Certificate of Qualification. Canada Law From Abroad has filed a submission with the NCA pointing out all Ontario law schools now offer three year combined law degrees that contain approximately two year of legal study with the remainder of the three years consisting of additional non-legal studies in a business studies/regulatory area. Students with two year accelerated/senior status LLB degrees who write four challenge examinations will have completed law programs that are equivalent to the combined law degrees now offered at all Ontario law schools. Failure to recognize this and insist that U.K. students write challenge examinations in three additional subjects contravenes the fairness requirement in FARPA. CLFA has launched a formal challenge and will post developments on this site. NCA is now permitting U.K. law schools to submit model syllabi for the four Canadian core specific subjects to the NCA for approval. These may then be included in the curriculum of their LLB curriculum. Canada Law From Abroad is facilitating the approval of Canadian core specific law subjects by the NCA with each of the law schools in the Consortium. This will ensure that Canadian students who register with Canada Law From Abroad as their UCAS representative and who take these courses will be granted advanced standing and be exempted from a requirement to write a challenge examination in this subject. The NCA is requiring all Canadian students with U.K. LLB degrees to write a challenge examination in a Foundations of Canadian Law subject that is intended to introduce ‘abroad’ law students of every nationality to the Canadian social fabric. Canada Law From Abroad had made a submission to the NCA that questions the fairness of requiring Canadian with ‘abroad’ law degrees from the U.K. to write a challenge examination in Foundations of Canadian Law. This is not a designated course in approved law school domestic curriculum. Moreover, it is open to question whether and to what extent this is really a survey Canadian social/political science course that Canadian students should be exempted from taking. Canada Law From Abroad is launching a challenge and will post developments on this site. The NCA is requiring that all Canadian students with U.K. LLB degrees either demonstrate competency in ethics and professional responsibility through a course in their curriculum or write a Professional Responsibility examination. Canada Law From Abroad has made a submission to the NCA that questions the fairness of requiring Canadians with abroad LLB degrees from the U.K. to write demonstrate proof of having taken a stand alone course in Professional Responsibility or write a challenge examination in that subject when the competencies for it are still in the development stage and have yet to be incorporated into uniform curriculum in domestic law schools. CLFA will commence a formal challenge and will post developments on this site. The NCA has developed criteria for Canadian-content specific courses that can be incorporated into the curriculum of U.K. law schools. Students who take these approved U.K. courses will be granted an exemption from writing a challenge exam for that specific course. Canada Law From Abroad is advising the consortium law schools on how to incorporate Canadian-content specific courses into their curriculum. The NCA is insisting that students who complete the 2 year ‘Senior Status’ Accelerated law degree will still be required to write 7 challenge exams even though they have completed approved Canadian-content specific courses in their U.K. law program on the grounds that this will maintain the equivalency of 3 years of legal education. Students who complete 3 years of legal education that contain Canadian content-specific content will still be required to write 2-3 challenge examinations on grounds that this is established practice. Canada Law From Abroad has made a submission to the NCA that questions the fairness of requiring Canadians with abroad LLB degrees from the U.K. to write a rigid number of challenge examinations when competency equivalent to Canadian standards has been met in their U.K. law program. CLFA will commence a formal challenge and will post developments on this site. John G. Kelly’s email: johng@canadalawfromabroad.com http://www.flsc.ca/en/foreignLawyers/foreignLawyers.asphttp://www.e-laws.gov.on.cahttp://www.fairnesscommissioner.cahttp://www.lsuc.on.ca/media/licensing.pdfhttp://www.flsc.caLLB_JD_Accreditation_files/1%29%20LSUC%20Submission%20May%202007.docLLB_JD_Accreditation_files/1%29%20LSUC%20Submission%20May%202007.dochttp://www.flsc.ca/en/whatsnew/whatsnew.asp#nationalhttp://www.flsc.ca/en/whatsnew/whatsnew.asp#nationalLLB_JD_Accreditation_files/2%29%20CLFA%20Response%20to%20NCA%20.docLLB_JD_Accreditation_files/3%29%20FLSC%20Final%202009%20Report%20Submission.docLLB_JD_Accreditation_files/3%29%20FLSC%20Final%202009%20Report%20Submission.dochttp://www.flsc.ca/en/whatsnew/whatsnew.asp#CCLDhttp://www.flsc.ca/en/whatsnew/whatsnew.asp#CCLDU.K._U.S._LLM_%28Masters_of_Laws%29.htmlU.K._U.S._LLM_%28Masters_of_Laws%29.htmlmailto:johng@canadalawfromabroad.comshapeimage_45_link_0shapeimage_45_link_1shapeimage_45_link_2shapeimage_45_link_3shapeimage_45_link_4shapeimage_45_link_5shapeimage_45_link_6shapeimage_45_link_7shapeimage_45_link_8shapeimage_45_link_9shapeimage_45_link_10shapeimage_45_link_11shapeimage_45_link_12shapeimage_45_link_13shapeimage_45_link_14shapeimage_45_link_15shapeimage_45_link_16

‘LLB/JD  Accreditation’

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