Ottawa Citizen

‘North American law degree’ has limitation­s

U.S. dual-licence program may not meet Canadian standards

- BY MATTHEW WOCKS

The law school at Arizona State University is offering a “North American law degree” that aims to attract Canadian students.

Douglas Sylvester, dean of the Sandra Day O’Connor College of Law at ASU, said the degree came about because he believes that being licensed to practise across borders will be in high demand in the future.

“We are looking for students to come here for three years and go back up to Canada and seek firms that have relationsh­ips with businesses and firms here in Phoenix so they can engage in dual-licence practice,” Mr. Sylvester said.

According to Mr. Sylvester, graduates of the North American program receive a U.S. J.D. degree that prepares students not only to qualify for practice with any bar in the United States, but also for any course work and/or articling opportunit­ies they might seek in Canada.

The three-year program offers courses in all 10 core subjects, including the four Canadian subjects required by the National Committee on Accreditat­ion, a standing committee of the Federation of Law Societies of Canada. These include Canadian constituti­onal law, Canadian criminal law, foundation­s of Canadian law and Canadian administra­tive law.

But there are caveats. Even though ASU teaches the subjects required by the NCA, students returning to Canada may still need to take additional courses at a Canadian law school or sit for qualifying exams offered by the NCA. “We do not accept mandatory Canadian subjects taught at schools outside of Canada,” said Deborah Wolfe, managing director of the NCA.

Lana Driscoll, a senior recruiter at Marsden Internatio­nal, said a Canadian law school should be the first choice for prospectiv­e students — though the Arizona degree might be a better alternativ­e to schools in other countries. “Students that study in the U.K. or Australia have to jump through a few more hoops to qualify in Canada than someone from the U.S.,” Ms. Driscoll said.

Angela Sordi, a recruiting consultant at ZSA Legal Recruitmen­t in Toronto, also said that Canadian students who graduate from U. S. law schools and then return to Canada for work face challenges — namely writing the NCA exams and finding an articling job. It’s one thing if students attend an Ivy League school. But students who attend lesserknow­n schools must be prepared to explain why in job interviews, Ms. Sordi said. “They’ ll still face the same question from employers: Why didn’t they go to a Canadian school?”

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