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Foreign lawyers Transfer to BC from outside Canada

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发表于 2/21/2018 18:38:56 | 显示全部楼层 |阅读模式
本帖最后由 郭国汀 于 2/21/2018 19:21 编辑

A lawyer seeking to be called to the Bar in BC who has obtained a law degree in a country other than Canada or a law degree in the civil code must first obtain a Canadian LLB degree or a Certificate of Qualification issued by the National Committee on Accreditation.

These requirements may take a substantial amount of time and can cost a significant amount of money.

The National Committee on Accreditation (NCA) assesses the legal education and professional experience of individuals who obtained their credentials outside Canada and may impose further educational requirements before it will issue a certificate. The NCA will review the applicant’s legal education and professional experience (if any) and may require the applicant to do the following:

  • acquire Canadian legal knowledge through self-study and/or courses at a Canadian law school; and
  • successfully complete several examinations.

Please note that the Law Society has no contact with the NCA on individual applications and will not overrule a decision of the NCA or waive the requirements for a Certificate of Qualification in lieu of a Canadian LLB. It is the transferring lawyer's responsibility to arrange for completion of the NCA's requirements.

The UBC Distance Learning Program offers online courses designed to meet the needs of foreign-trained lawyers and law students.

Once a lawyer wishing to transfer to BC from another country has completed an LLB or obtained a Certificate of Qualification from the National Committee on Accreditation, he or she may then apply to enrol in the Law Society Admission Program.

A lawyer with practice experience in a common law jurisdiction outside Canada may apply for a reduction in the nine-month articling term or an exemption from all or part of the Professional Legal Training Course (PLTC).

If you are not resident in Canada, please consult the Canadian immigration authorities at an embassy or High Commission office in your area with regard to immigration requirements.

For more information, contact Credentials and Member Services.


 楼主| 发表于 2/21/2018 19:33:08 | 显示全部楼层
what is the NCA?
The National Committee on Accreditation (NCA) is a standing committee of the Federation of Law Societies of Canada. The mandate of the NCA is to help Canada’s law societies protect the public interest by assessing the legal education and professional experience of individuals who obtained their credentials outside of Canada or in a Canadian civil law program. An assessment is done before an individual may apply for admission to a law society in a Canadian common law jurisdiction, and is based on the academic and professional profile of each applicant.
The NCA applies a uniform standard on a national basis so that applicants with common law qualifications obtained outside of Canada or with civil law training in Canada do not need to satisfy different entrance standards to practise law in the different provinces and territories of Canada.
Once a file is assessed by the NCA, an applicant may be asked to complete one or more exams and/or attend and complete specific law school courses within a prescribed time frame. Upon successful completion of these requirements, the NCA issues a Certificate of Qualification.
Most law societies in Canada require the NCA’s Certificate of Qualification to access their bar admissions process. Applicants with internationally-obtained legal qualifications can apply to the NCA regardless of which common law province or territory in which they plan to practise.
The NCA does not assess the legal credentials of individuals who want to apply to and become members of the Barreau du Québec or the Chambre des notaires du Québec. These law societies have their own evaluation procedures.
NCA Program Review
As part of its commitment to excellence in the delivery of its programs and services, the Federation recently undertook a comprehensive review of the work of the National Committee on Accreditation (“NCA”), the body responsible for assessing the credentials of internationally trained lawyers and students.
Cambridge Professional Development (“CamProf”) was engaged to conduct the review which looked at the NCA’s policies and procedures, its goals and strategies, the training and preparation currently available to applicants, the success rate of NCA applicants both in the NCA program and in law society bar admission programs, and the NCA’s governance and organization structure. CamProf was also asked to identify relevant trends and best practices in peer jurisdictions.
The final report from the review was presented to the governing body of the Federation in June.
The report concludes that the administration of the NCA program is exemplary, but notes that the program could be further enhanced to improve the success rate of applicants. CamProf makes 28 recommendations that fall into seven areas including communications, assessment, data collection and governance. They include suggestions for operational improvements, including improving the current website and extending the NCA’s online presence, governance improvements to enhance accountability, and exploring a move to a competency-based assessment system.
The Federation is committed to responding effectively to the recommendations and will be moving soon to implement those that are purely operational (for example, improving the website) while it consults with the law societies and other stakeholders to develop a full implementation plan. A workshop to consider the recommendations and next steps will be held with law society leaders in the fall.

 楼主| 发表于 2/21/2018 19:37:50 | 显示全部楼层
Distance Learning Program

In its Strategic Plan, the Peter A. Allard School of Law committed to enhancing curricular flexibility through implementing distance learning opportunities for students.
To that end, and thanks to the generous support of the Flexible Learning Initiative, the Franklin Lew Innovation Fund, and the Teaching and Learning Enhancement Fund, the Allard School of Law is excited to have launched a Distance Learning Program in September 2014, consisting of online versions of four graduate-level courses.
The Distance Learning Program presents a unique opportunity for foreign-trained law students and lawyers to work towards the accreditation requirements for practicing law in Canada.  Designed by faculty members and leaders in the field, these online courses give students the flexibility to take graduate-level law courses outside of a formal degree program and from anywhere in the world.
Program Information
For detailed information on the Distance Learning Program, including available courses, eligibility, and how to apply, please click on the corresponding links to the left of this page.
Visit UBC's Distance Learning website for additional Program information and support.
Contact
Please review the detailed information provided on this website, including the FAQ page.
If you have additional questions about  Distance Learning Program at the Allard School of Law, or wish to be added to the mailing list, please contact us at [url=mailtoistanceLearning@allard.ubc.ca]DistanceLearning@allard.ubc.ca[/url].



 楼主| 发表于 2/21/2018 19:45:53 | 显示全部楼层
JD Admissions

As one of Canada's leading law schools, the Peter A. Allard School of Law attracts some of the brightest minds across the country and around the globe.  Our students are academically outstanding and intellectually curious, and our faculty members are passionate, innovative and internationally recognized.
Each year the Allard School of Law admits approximately 180 students to first-year law, for a total population in the Juris Doctor (J.D.) program of around 550 students. The J.D. is a three-year program with a compulsory first-year curriculum and broad course selection available in second and third years.
There are several degree-granting admissions categories: Regular, Discretionary, Indigenous, Transfer and Advanced Standing. There is also one non-degree category: Visiting (Letter of Permission).



 楼主| 发表于 2/21/2018 19:58:23 | 显示全部楼层
本帖最后由 郭国汀 于 2/21/2018 20:07 编辑

NCA Certificate of Qualification


I have a law degree from a country other than Canada. How can I be called to the Bar in
British Columbia?
An applicant seeking to be called to the Bar in British Columbia who has obtained a law degree
in a country other than Canada or a law degree in the Civil Code must first obtain either a
Canadian LL.B. degree or a Certificate of Qualification issued by the National Committee on
Accreditation (NCA): see Law Society Rule 2-54(2). With either of these qualifications, he or
she may then apply to enrol in the Law Society Admission Program (LSAP). The LSAP consists
of nine months of articles and the 10-week Professional Legal Training Course. Upon successful
completion of LSAP, the applicant may then be called and admitted in BC.
How can I apply for a Certificate of Qualification?
If you wish to apply for a Certificate of Qualification, please contact the National Committee on
Accreditation at the address below for an application and information package.
Upon review of your completed application, the NCA will advise you whether you must either
complete further study at a Canadian common law school or pass certain examinations set by the
NCA. It is your responsibility to arrange for completion of the NCA's requirements. If you are
required to undertake further study at a Canadian university, this does not guarantee admission.
You must apply to one or more Canadian universities and meet their individual entrance
requirements.
Please note that the Law Society has no contact with the NCA on individual applications and will
not overrule a decision of the NCA or waive the requirements for a Certificate of Qualification in
lieu of a Canadian LL.B.
The address of the NCA is:
Federation of Law Societies of Canada (NCA)
c/o National Committee on Accreditation
World Exchange Plaza
45 O’Connor Street, Suite 1810
Ottawa, ON K1P 1A4
The NCA application package is available on the Federation of Law Society's website at
www.flsc.ca.


LAW SOCIETY RULES
Enrolment in the admission program
2-54 (1) An applicant may apply for enrolment in the admission program at any time by delivering to
the Executive Director the following:
(a) a completed application for enrolment in a form approved by the Credentials
Committee, including a written consent for the release of relevant information to the
Society;
(b) proof of academic qualification under subrule (2);
(c) an articling agreement stating a proposed enrolment start date not less than 30 days
from the date that the application is received by the Executive Director;
(d) other documents or information that the Credentials Committee may reasonably
require;
(e) the application fee specified in Schedule 1.
(2) Each of the following constitutes academic qualification under this rule:
(a) successful completion of the requirements for a bachelor of laws or the equivalent
degree from an approved common law faculty of law in a Canadian university;
(b) a Certificate of Qualification issued under the authority of the Federation of Law
Societies of Canada;
(c) approval by the Credentials Committee of the qualifications of a full-time lecturer at
the faculty of law of a university in British Columbia.
(3) For the purposes of this rule, a common law faculty of law is approved if it has been
approved by the Federation of Law Societies of Canada unless the Benchers adopt a
resolution declaring that it is not or has ceased to be an approved faulty of law.
(4) An official transcript of the applicant’s grades at each approved faculty of law at which the
applicant studied is proof of academic qualification under subrule (2) (a).
(5) The Credentials Committee may approve academic qualifications under subrule (2) (c) if the
applicant
(a) has been a full-time lecturer at a common law faculty of law in a Canadian university
for at least 5 of the last 8 years, and
(b) has been found by the Credentials Committee to have an adequate knowledge of the
common law.
Practice experience in a common law jurisdiction outside Canada
2-65 (1) An articled student or applicant for enrolment who holds professional legal qualifications
obtained in a common law jurisdiction outside Canada and has been in the active practice of
law in that jurisdiction for at least one full year, may apply in writing to the Executive
Director for a reduction in the articling term.
(2) The Executive Director may reduce an articling term under this rule by up to one month
for each full year of active practice of law in another jurisdiction
Training course
2-72(1)The Executive Director may set the dates on which sessions of the training course will begin.
(2) The Credentials Committee may direct that an articled student be given priority in selection
of the training course session that the student wishes to attend if the student is or will be
(a) articling outside the Lower Mainland,
(b) articling as the only student in a firm, or
(c) employed as a law clerk.
(3) Before registering in the training course, an articled student or applicant must make
application for enrolment under Rule 2-54 (1) [Enrolment in the admission program].
(4) To register in a training course session, an articled student or applicant must
(a) pay to the Society the fee for the training course specified in Schedule 1, and
(b) deliver to the Executive Director
(i) an application for registration, and
(ii) the principal’s consent to the training course session chosen.
(5) The Executive Director must deliver to each student who was registered in a training course
session and to each student’s principal, a transcript stating whether the student passed or
failed the training course.
(6) If a student fails part of the training course, the Executive Director may allow the student
one further attempt to pass the examinations, assignments or assessments concerned.
(7) An articled student may apply in writing to the Credentials Committee for exemption from
all or a portion of the training course, and the Committee may, in its discretion, grant all or
part of the exemption applied for with or without conditions, if the student has
(a) successfully completed a bar admission course in another Canadian jurisdiction, or
(b) engaged in the active practice of law in a common law jurisdiction outside Canada for at
least 5 full years.


 楼主| 发表于 2/21/2018 20:49:02 | 显示全部楼层
Admission Regular Applicants
To be eligible for selection, an applicant must have:
  • obtained an undergraduate degree in an approved course of studies from a degree-granting university; or
  • successfully completed the first three years (minimum 90 credits) or more of an approved course of studies leading to an undergraduate degree at UBC or completed the equivalent at a degree-granting university; or
  • successfully completed the first two years of studies leading to an undergraduate degree at UBC or other degree-granting university, and be currently enrolled in the third year of the degree program. (An offer of admission will be conditional on successful completion of the third year by June 30 with a minimum of 90 credits at UBC, or the equivalent at a degree-granting university, and maintenance of the academic average obtained in the first two years of studies. 30 of the 90 credit requirement must be completed at the senior level).
Note: Courses completed toward a diploma program and subsequently transferred to a degree program will not be considered until the degree has been granted. Prospective applicants should be aware that almost all of our students have completed a four year degree.
Applicants should regard their satisfaction of the entrance requirements as meaning only that they are eligible for selection. The median applicant accepted has an academic average of approximately 83%, with an LSAT score of 166 (93rd percentile). The academic average and LSAT score are weighted equally. In calculating the academic average, only those years of undergraduate study making up the first undergraduate degree that are complete at the time of deadline for application are considered, except for item 3 above, where the applicant must maintain the overall standing of the first two years of studies. Generally, no greater weight is attached to one series of academic courses or disciplines than to another. Performance courses are counted towards the required minimum 90 credits but the grades earned in such courses are not usually counted in computing the academic average. Second degrees or graduate degrees are not taken into account, except within the Discretionary category discussed below. The personal statement may be used to assess admissibility and it will be used, in conjunction with the academic average and LSAT score, to determine entrance scholarship offers.
All courses completed towards an undergraduate degree will be considered for admission. Courses in progress, during the final year of an undergraduate program, will not be used in the calculation of the admission GPA. For applicants with a four-year undergraduate degree, the lowest 12 credits (equivalent to four UBC term/semester courses or two year-long courses) will be eliminated from the calculation of the admission GPA. For applicants in the third year of an undergraduate degree program at the time of application, the lowest 6 credits (equivalent to two UBC term/semester courses or one year-long course) will be eliminated from the calculation of the admission GPA.
A personal statement is required in all categories. Regular applicants may request that special circumstances be considered in determining their academic average. The special factors or circumstances (such as medical or other emergency matters) must be documented fully. If a regular applicant requests the Committee to consider making an adjustment to the academic average (not including certain courses or a year), the facts must be verified and supported by appropriate documentation. If the special circumstances are medical, then a doctor's letter is required. Not all special circumstances can be considered in the regular category. Certain factors such as financial hardship, learning disabilities or other disadvantages, or ethnic background, can only be considered in the discretionary category.
Regular applicants will be advised via e-mail as soon as possible whether their application has been accepted or rejected for admission purposes. Applicants who have not received an e-mail will be on the wait list until a decision can be made.
Discretionary Applicants
Because of special factors in life, an applicant may not satisfy one or more of the requirements for regular applicants, but may have other relevant achievements and experience. The Admissions Committee has the discretion to respond to this type of situation by taking into account factors such as disability or special needs, financial disadvantage, membership in a historically disadvantaged group, and any other factors that the applicant wishes the Admissions Committee to consider. They may have other relevant personal achievements, work experience, contributions to their community, or personal challenges in their lives that are extraordinary and would not normally be experienced by other applicants to the law school. The process by which the Admissions Committee reviews these Discretionary category applications is designed to provide the opportunity for applicants of this nature to receive individual and exceptional scrutiny of their special circumstances in order for these candidates to be able to join and contribute to the richness and diverse nature of the academic community and ultimately to the practice of law in the society that is served by the Allard School of Law.
Discretionary applicants are normally required to have completed the first two years of an approved course of studies leading to an undergraduate degree at an approved college or university. A personal statement, LSAT score, and two letters of reference are required, and where appropriate, documentation such as medical reports should be submitted. Each application is considered individually on its merits. If an applicant has completed an undergraduate degree they will also automatically be considered within the regular category as well.
Discretionary applicants must submit a personal statement detailing the special factors, including their achievements and work experience, that they wish the Admissions Committee to consider. Each application is considered individually on its merits. It is important that applicants send detailed accounts of their circumstances, including their involvement in community or charitable organizations. In this category it is also important that applicants submit documentation (e.g., medical reports, if applicable or letters of reference) in order for the Admissions Committee to evaluate their files. Incomplete applications cannot be evaluated and it is the responsibility of applicants to ensure their applications are complete. Decisions in this category are made at the end of May.
Indigenous Applicants
Applicants who self-identify as Canadian Aboriginal within the First Nations, Métis, or Inuit communities are encouraged to apply in the Indigenous Category. These applicants will automatically be considered within the regular category as well.
Indigenous applicants should contact the Associate Director of Indigenous Legal Studies, as early as possible to discuss their application.
The Faculty considers the applicant's involvement with a commitment to Indigenous communities and organizations, and the applicant's intention to use his or her legal training to advance Indigenous concerns and interests. All applicants are required to provide evidence of their eligibility to apply in the Indigenous category by supplying a photocopy of their Indian status card, Métis card, or Government of Canada or respective provincial or territorial government documentation supporting their self-identification. Non-status Indians should contact the Associate Director of the ILSP for additional information. In addition, a personal statement is required, two letters of recommendation, LSAT score, and official transcripts are required.
Other Admission Categories (other than to first year)
Each year there are many requests for admission to the upper years. Only a few applicants, however, can be accommodated.
Degree Categories
Applicants who have started their LL.B. or J.D. degree at another Canadian common law school can apply under the Transfer category. Applicants who have graduated from a foreign law school can apply under the Advanced Standing category; however their credentials must be reviewed by the National Committee on Accreditation and they are required to write the LSAT. They must successfully complete two years of legal studies at Allard Law to receive a degree from Allard Law.
  • Transfer. Students at other Canadian common law schools who have completed their first year of legal studies may apply for transfer to Allard Law. The Admissions Committee gives preference to applicants who:
    • would have been admitted to the first year of legal studies at Allard Law at the time of being admitted to their present institution;
    • have achieved satisfactory academic performance in their legal studies at their current institution; and
    • have compelling reasons for transferring to Allard Law, which include compassionate grounds in which the applicant has no control over the circumstances.

    Applicants must submit a personal statement, a copy of their LSAT score, official undergraduate and law transcripts, and two letters of reference from law professors with their application.
  • Advanced Standing. Graduates of foreign law schools who have been evaluated by the National Committee on Accreditation and received advanced standing, or graduates of Quebec civil law schools, may apply to complete two years of legal studies at Allard Law to obtain a J.D. Applicants must have written the LSAT and must submit official undergraduate and law transcripts, a personal statement explaining the reasons for the request, a letter from the National Committee on Accreditation, and two letters of reference. Applicants who hold law degrees from foreign jurisdictions are advised to contact the Master of Laws (Common Law) (LLM CL) program or the Distance Learning program.
Non-Degree Categories
Please note that applicants admitted in the following category are not eligible to receive a J.D. from the Allard School of Law.
  • Visiting (Letter of Permission). Students enrolled in an LL.B. or J.D. program at an approved law school may request permission from their current school to attend one year or one term of either the second- or third-year program at the Allard School of Law on a letter of permission basis. Students must submit a letter of permission from the Associate Dean of their current law school, a copy of their LSAT score (if applicable), a personal statement with compelling reasons for their request, official undergraduate and law transcripts, as well as two letters of reference from law professors. Criteria for selection are the same as for transfer requests (see above). Visiting status will be granted to successful applicants for a maximum of one year.
  • Unclassified. The J.D. program will no longer be accepting applications from Unclassified (NCA) students. Applicants who hold law degrees from foreign jurisdictions are advised to contact the Master of Laws (Common Law) (LLM CL) program or the Distance Learningprogram.
Canadian Civil Law Programs
Graduates from a civil law program at a Canadian law school may:
  • apply to the National Committee on Accreditation and apply to the LLM CL program or Distance Learning program at the law school; or
  • apply for Advanced Standing (see above).
Students currently enrolled in a civil law program at a Canadian law school are not eligible to transfer to the Allard School of Law. They may, however, request visiting (letter of permission) status at the Allard School of Law if permitted to do so by their current law school. Visiting status will be granted for a maximum of one year only.

 楼主| 发表于 2/21/2018 20:53:38 | 显示全部楼层
At the Peter A. Allard School of Law our students receive a first-rate legal education that balances traditional areas of practice with emerging fields of specialization.  First year consists of a common curriculum with classes in Canadian Constitutional Law, Contracts, Criminal Law and Procedure, Property Law, Torts, Legal Research and Writing, Public Law and Transnational Law.  
 楼主| 发表于 2/21/2018 21:04:20 | 显示全部楼层
LlLSAT (Law School Admission Test) in Canada


You must pass the LSAT, or Law School Admission Test, before you will be accepted into any LSAC-member Canadian law school. This standardized entrance test is given four times annually.  
How to prepare
You can access free study materials, such as practice tests and sample questions and answers, at the LSAT website. Other preparation material for the LSAT in Canada includes:
LSAT Exam Prep Courses in Canada:
Exam content
There are three key areas tested on the LSAT:
  • Reading Comprehension – Long, complex passages resembling information you will encounter in law school and in the law profession are presented. You must answer questions based upon your ability to understand, make inferences, and draw conclusions from these passages.
  • Analytical Reasoning– Your abilities to see relationships and draw conclusions are tested here.
  • Logical Reasoning– You must identify the strengths and weaknesses in given arguments in this section of the LSAT.
Although not scored as part of the LSAT, you must also produce a writing sample on a given topic. This will be sent to the law schools to which you apply for their review.
Application process
Applications for the LSAT are taken online. The LSAT is given on Wednesdays and Saturdays in February, June, October and December. Examination centers across Canada include:  
  • Alberta:
    • Bow Valley College, Calgary
    • University of Calgary, Calgary
    • University of Alberta, Edmonton
    • Grande Prairie Regional College, Grande Prairie
    • Canadian University College, Lacombe
    • University of Lethbridge, Lethbridge
  • British Columbia:
    • University College of Fraser Valley, Abbotsford
    • British Columbia Institute of Technology, Burnaby
    • Thompson Rivers University, Kamloops
    • Academy of Learning, Prince George
    • Ashton College, Vancouver
    • University of British Columbia, Vancouver
    • Camosun College, Victoria
    • University of Victoria, Victoria
  • Manitoba:
    • Assiniboine Community College, Brandon
    • Brandon University, Brandon
    • University of Manitoba, Winnipeg
  • New Brunswick:
    • University of New Brunswick, Fredericton
    • Mount Allison University, Sackville
  • Newfoundland:
    • Memorial University of Newfoundland – Grenfell Campus, Corner Brook
    • Memorial University of Newfoundland, Saint John’s
  • Northwest Territories:
    • Aurora College, Yellowknife
  • Nova Scotia:
    • Xavier University, Antigonish
    • Dalhousie University, Halifax
    • University of Cape Breton, Sydney
  • Nunavut:
    • Nunavut Arctic College, Cambridge Bay
    • Nunavut Arctic College, Iqaluit
  • Ontario:
    • Loyalist College, Belleview
    • Saint Lawrence College, Cornwall
    • McMaster University, Hamilton
    • KLC College, Kingston
    • Queen’s University, Kingston
    • Saint Lawrence College, Kingston
    • Fanshawe College, London
    • University of Western Ontario, London
    • Canadore College, North Bay
    • Carleton College, Ottawa
    • University of Ottawa, Ottawa
    • Trent University, Peterborough
    • Algoma University, Sault Ste Marie
    • Cambrian College, Sudbury
    • Laurentian University, Sudbury
    • Lakehead University, Thunder Bay
    • Humber College, Toronto
    • Queen’s Collegiate, Toronto
    • University of Toronto, Toronto
    • York University – Osgoode Hall Law School, Toronto
    • University of Waterloo-St. Jerome’s University, Waterloo
    • Wilfred Laurier University, Waterloo
    • Niagara College, Welland
    • University of Windsor Faculty of Law, Windsor
    • University of Windsor, Windsor
  • Prince Edward Island:
    • University of Prince Edward Island, Charlottetown
  • Quebec:
    • McGill University, Montreal
  • Saskatchewan:
    • University of Regina, Regina
    • University of Saskatchewan, Saskatoon
  • Yukon:
    • Yukon College, Whitehorse


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