Introduction

Can my degree be comparable to a JD degree in Canada?

Do I need an LLM for practising in Canada? Or a J.D.?

Do I have to spend money and travel to Canada to take NCA exams in person?

I have passed the All-India-Bar exam in India, are foreign equivalency exams similar to that?

I am a first-generation lawyer in India, but I want to live and practice in a foreign jurisdiction, preferably an English speaking country with a legal system similar to that of India. 

I want to relocate to Canada because I have heard the country is very welcoming of immigrants.

If these questions or thoughts come to your mind, we are going to tell you how you can clear NCA exams in Canada by just sitting in your house.

We are India’s first legal education company that is going to train students to take the Canadian NCA exams. It is not even that difficult. One of our own former employees passed the NCA exams while working full-time at Lawsikho.

We will ensure that you get the skills needed to first take and pass the NCA exams. 

Things to know before you fill your application form and pay the application fee

• How to fulfil the eligibility requirements to take the NCA exams;
• How to manage time between the exam preparation and your work commitments;
• How to write analytical answers using the Issue Rule Analysis Conclusion (IRAC) method;
• Get the right printed notes to attempt the open book examinations; and
• Ability to write answers well in English.

What does it take to get called to the Canadian Bar:

Canada follows a common law system in majority of its provinces except for the province of Quebec where a civil legal system is followed for all adjudicatory pruposes. A lawyer licensed to practice law in a non-Canadian jurisdiction or a law graduate from a non-Canadian law school can get licensed to practice law in a Canadian common law province by completing the first step of the process: Clearing the National Committee of Accreditation (NCA) process. 

A candidate must apply to the Federation of Law Societies of Canada (FLSC) and fill the application form costing 450 CAD (approx INR 27,000) plus taxes.

A candidate has to submit the application form, with law school transcripts, and a certificate of good standing from the bar council.
The NCA takes about 2 months  to assess a candidate's application.
After NCA completes the assessment, the candidate takes the NCA recommended examinations by himself/herself or studies them at a university.

On successfully passing the NCA exams, the candidate is required to take Barrister and Solicitor examinations. These are the official bar examinations held in different provinces of Canada. 

Most candidates are required to undertake a year of articling with a lawyer licensed in Canada or to do the Lawyer’s Practice Program in Canada after clearing their Bar examinations. 

Finally, the candidate gets a call from the provincial law society to get their law license.

LawSikho shall be providing training to those who wish to clear the first step of this journey i.e. clearing the NCA examinations.

Certification

This course is recognized by the National Skill Development Corporation, a PPP under the Ministry of Skill Development and Entrepreneurship of the Government of India. You will receive a certificate cobranded by NSDC and Skill India on successful completion.

This is how the certificate from NSDC and Skill India will look as per the current applicable format (may change as per the approval authorities):

About the NCA exams

NCA assesses each candidate according to their education, legal work experience, and law license. For example, an Indian lawyer who has scored more than 50% in her law school, would have to demonstrate proficiency in 6 core Canadian law subjects as of January 2022. These 6 core subjects are:

• Foundations of Canadian Law;
• Canadian Constitutional Law;
• Canadian Administrative Law;
• Canadian Criminal Law; 
• Canadian Professional Responsibility; and 
• Legal Research and Writing

LawSikho aims to teach five of the six subjects i.e. Foundations of Canadian Law, Canadian Constitutional Law, Canadian Administrative Law, Canadian Criminal Law and Canadian Professional Responsibility. All of these courses will be taught by a practicing Barrister/Solicitor who has taken NCA exams enroute to his/her journey to the Canadan Bar.  

These subjects could vary depending on the NCA’s assessment of the candidate. Some candidates are asked to take Business Organizations, Commercial Law, Evidence, Torts, Contracts, Property Law, Family Law, Civil Procedure, Taxation, and Trusts, in addition to these 5-6 core subjects.

Each of these courses can be studied at one of the Canadian Law Schools as well. But they cost around 6,000-8,000CAD (approx INR 3,60,000- 4,80,000) per course. The Law School does not award a degree or diploma certificate on completion either. It just sends a report to NCA stating the requirement has been fulfilled. Taking the exams works out to be cheaper as the cost of the exams as of January 2022 is 400 CAD (approx INR 24,000) exclusive of taxes (452 CAD with taxes).

Each of these exams is an essay-based exam and occasionally have a multiple-choice part or true and false component as well. Ever since the pandemic, they have been administered online through the remote proctor system. They are open book- exams wherein the candidates can refer to their paper notes. Electronic notes are not permitted. The online exams are 4 hours in duration. 

Some candidates who cannot demonstrate legal proficiency, are even asked to study JD/LLM from Canada or another common law jurisdiction. This usually happens if the candidate has scored less than 50% aggregate marks in her law school on graduation or has not been licensed in a foreign jurisdiction.

Once a candidate passes all these exams (50% is the passing criteria); NCA issues a Certificate of Qualification. With this certificate, a candidate can apply for admission to one of the 9 provinces in Canada or territories. The province of Quebec has its own requirements to get a lawyer’s license. It also has a French language requirement criteria.

Things to learn before the NCA exam

How to read foreign laws;

How to read foreign judgements;

How to write essay type answers in the IRAC method;

How to take an open book exam;

Time management; and

Fast typing because all of the essay type answers are typed out on a computer. A candidate must be able to type 1,000 to 4,000 words in 4 hours while also referring to the written notes, analysing the question requirements, making an answer structure, and finally typing out the answer.

Who should take these exams (NCA and others)?

Lawyers who are migrating to Canada;

Law graduates who intend to do an LLM from Canada; and

Lawyers whose law firm or company is sponsoring their work visa in Canada.

You do not have to be a Canadian citizen or permanent resident to take the exams since they are online.

What is unique about this course

Areas in which we will help you to develop knowledge and skills

• Trends analysis of Past Year Paper
• Answer Writing Skills
• Time Management
• How to approach the essay based questions

Syllabus for NCA exams

All the syllabus has been taken from the official NCA website. 

1. Syllabus for Canadian Administrative Law

           Setting the stage:

• Procedural fairness
• Substantive review
• Judicial review

      Sources of procedural obligations

      (i) Procedural obligation triggers

• Knight’s three-prong test and legitimate expectation
• legislative decisions and emergencies
• Procedural obligation triggers 
• Charter and Bill of Rights
• Constitutional duty to consult and accommodate aboriginal persons

Content of procedural obligations 

• Right to be heard
• Unbiased and independent decision-maker
• Issues arising from institutional decision-making

          Backdrop to the standard of review analysis

          Vavilov test for the standard of review selection and application

          Venue and basic procedure for judicial review

          Remedies

2.  Syllabus for Canadian Constitutional Law Exam

     Basic concepts

        Sources and nature of the Constitution

        Amending procedure

        Federalism

        Judicial review and principles of interpretation

Distribution of Powers

• Paramountcy
• Property and civil rights
• Trade and commerce
• Peace, order, and good governance
• Criminal law

Rights and Freedoms

• Language rights
• Aboriginal rights
• Interpreting the Charter of Rights and Freedoms
• Override of Rights
• Limitation on rights
• Freedom of conscience and religion
• Life liberty and security of the person
• Equality rights
• Remedies

3. Syllabus for Canadian Criminal Law Exam

   General Overview and preliminary matters

•  Sources of Criminal Law
• The Power to Create Criminal Offences and Rules of Criminal Procedure
• The Procedural Classification of Offences
• Interpreting Criminal Provisions

   The elements of a criminal or regulatory offence

• The Actus Reus
• Subjective Mens Rea
• Objective Mens Rea and True Crimes
• Regulatory Offences

   Extensions of Criminal Liability

• Aiding and Abetting
• Counselling 
• Attempts
• Corporate and Association Liability

   Select Criminal Defenses

•  Mental Disorder
• Automatism and Involuntary Acts “Negativing” the Actus Reus
• Simple Intoxication and Specific Intent Crimes
• Defence of the Person
• Necessity
• Duress
• Provocation
• Entrapment
• Error of Law

   The Adversarial Proceeding

      The Adversarial Process

   Getting to the Trial: The Criminal Investigation

      Police Powers

   Getting to the Trial: Taking Control over the Accused

      Securing Jurisdiction over the Accused and Interim Release

   Getting Ready for Trial

      Disclosure and Production

      Preliminary Enquiries

      The Jury Trial

      Pre-Trial Motions

      Trial within a reasonable time applications

   Sentencing

       General principles of sentencing

   Appeals and Review

      Appeals of Final Decisions and Judicial Review of Interim Decision

4. Syllabus for Foundations in Canadian Law

      Basic theories of Law

      Indigenous Peoples and the Law

      Sources of Canadian Law

      Fundamental Principles of the Canadian Legal System

      Parliament and its components

      Functions of the Parliament

      The Executive and its functions

      The Courts and the Judiciary

      Statutory Interpretation

     Constraints on Legislative and Administrative Action

5. Syllabus for Canadian Professional Responsibility Exam

      The Legal Profession: Lawyers in Society and a Society of Lawyers

           Professions and Professionalism: The Profession of Law and Law as a Profession

           Regulation of Lawyers and Regulation of the Legal Profession

   Ethics, Lawyering and Professional Regulation

      The Lawyer-Client Relationship

      The Preservation of Client’s Confidences

      Conflicts of Interest

      The Adversary System and Lawyers as Advocates

   Some Specific Practice Areas:

      Ethics and Dispute Resolution: Counselling and Negotiation

      Ethics and the Practice of Criminal Law

      Lawyers in Organizational Setting: Corporate Counsel

      Government Lawyers

   Access to Justice

Sample questions for NCA exams

This question has been taken from the NCA sample Criminal Law Exam available on the NCA website

QUESTION TWO - 10 MARKS (18 minutes suggested time) 

Assume that Bosny was committed to stand trial and that the trial is now being held.   All of the evidence that was led at the preliminary inquiry has been presented at the trial.  In addition, evidence has been resented to the effect that Mr. Bosny admitted to having been home shortly before Mrs. Bosny’s death, and that the two had been arguing near the pool. Mr. Bosny admitted that he struck out at Mrs. Bosny, hitting her near the temple.  She seemed dazed but said she was O.K. so he left for work.   A  friend of Mrs. Bosny testified that was on the telephone with Mrs. Bosny around 8:50 in the morning, and that Mrs. Bosny sounded confused. Mrs. Bosny said told her either that Bosny “was hitting her” or “had hit her,” the friend could not be clear. During the conversation, Mrs. Bosny stopped responding.  The friend ultimately hung up and called the police. A defence pathologist testified that Mrs. Bosny was not strangled, but had in fact asphyxiated. She showed that Mrs. Bosny had none of the classic indicators of strangulation, and offered the opinion that Mrs. Bosny, who was already oxygen-deprived from having fallen into the pool, suffocated due to improper resuscitation techniques.  The tracheal tube is a sharp plastic device that is literally forced into the throat, and the tube that was used, which the defence pathologist reviewed, had collapsed and had human tissue on it.   This accounted both for her neck injuries and asphyxiation. What verdict is likely to render on all of the evidence, explaining your answer fully. 

NOTE: Lawsikho is not affiliated to the Federation of Law Societies of Canada or any provincial law society in Canada. Anything taught by our instructors or employees does not constitute legal advice or solicitation under the laws of Canada.