Yesterday, I posted a brief note about the Law Society of Upper Canada’s Licensing and Accreditation Task Force Interim Report To Convocation. Today, as promised, is the start of a two-part running commentary on what struck me as the most relevant or noteworthy aspects of the report. The first half, which I’ll address below, deals with the report’s preamble and its thoughts regarding the Skills and Professional Responsibility Program. Tomorrow, in an article that will first appear at SLAW, I’ll look at the task force’s recommendations concerning the articling system.
Herewith, an annotated stroll through a very important report.
15. A national standard for the approval of common law degrees for the purpose of entrance into law society bar admission or licensing processes has never been articulated in Canada. The only articulated standard for 50 years is a Law Society of Upper Canada document, set out at Appendix 1, that was prepared in 1957 and amended in 1969 (“the amended 1957 requirements”) and which other law societies appear to have tacitly accepted.
I think this nicely sums up the imminent train wreck of a lawyer licensing system that our profession lives with today. The standard was written in 1957, amended in 1969, and tinkered with at regular intervals over the next four decades while Canadian society, the legal services marketplace, and eventually, even the profession itself, evolved into enormously different beasts. In 1957, Louis St. Laurent, Maurice Duplessis, Tommy Douglas and Joey Smallwood all held elected office. Try picturing the legal profession as it existed in that era — that’s the profession that drew up today’s bar admission rules. Continue Reading