View from Italy: Foreign trained lawyers and bar admission in Canada

Although this is far from perfect, here is the google translation into English:


“Canada is alive and well and ‘a mecca? Flaunts For those who believe it.” Reportage Positanonews

In Canada si vive bene ed e’ una mecca ? solo per chi ostenta a crederci. Reportage di Positanonews

In Canada, life is good and it ‘a mecca? only for those who flaunts believe it. Reportage Positanonews

In Canada you live well and is a mecca? Only for those who flaunts believe it. With a report by Positanonews, the newspaper of the Amalfi Coast and Sorrento peninsula, let’s go over and give a reply to the November issue of the magazine and Millionaire Article Sole24ore: “Canada seeks Lawyers or better and does not look professional located. “ It seems that many times you want to live a myth at all costs. The November issue of the magazine Millionaire showed the cover to the flashy characters written for the occasion “Come to Canada. Country among the richest in the world. “Slogan is more or less similar to that used for the article ever published by the same magazine in February 2013:” The great thing about living in Canada. “For the uninitiated the same type message was issued by Sole24 hours about a year ago, the article in that case was entitled: “The new mecca is Canada, seeking 20 thousand engineers, lawyers, doctors (and can not find them).” Yet it is not all that glitters is gold and the questions remain open are many. Preface that the writer is a lawyer in Italy and obtained an LLM in International Business Law at York University’s Osgoode Hall in Toronto, the most exclusive law school in Canada, has lived in Toronto for about 7 years, the state of permanent resident and his practice is in progress to obtain Canadian citizenship. Cordless Phone? Or simple fever xenophilia? The report drawn up by the Ontario Human Rights Commission on discrimination against foreign professionals speaks volumes. It ‘essentially an image of a “mouse that eats its own tail.” On one hand, the Canadian government opened the doors to immigrants and then, though, are the guilds of professionals to which the Canadian state guarantees the highest deference (this is a common aspect of the law to common law countries) to establish “their rules. “ Let’s talk about doctors, medicine, the science of the human body, should be the same in every part of the world just like engineering. The primary source is il (tradotto in Italian: report on racial obstacles for foreign professionals). Rather you read here as the main obstacle to the effective implementation of a policy of recruiting foreign professionals in the Canadian labor market is precisely the presence of an absolute corporate regime of the professions which they prefer and indeed do everything to restrict access to qualification professionals such as a doctor, surgeon, engineer, lawyer just to maintain high levels of income for those professionals who are members of those corporations. To restrict access you adopt rules, good rules, regulations, loopholes that make the process of accreditation to the professions highly arbitrary and not based on merit. For example, as the report mentions, after passing the qualifying examination is necessary to complete an internship as an absolute requirement. In 2000, in Ontario, there were only 24 available internship for a total of 500 foreign doctors who had passed the qualifying exam! In addition, as mentioned above refers to the report, that there is great difficulty for foreign professionals to find a location considered the great mistrust that Canadian employers have for any worker not only professionals with work experience outside of Canada ! After all, this is not hard to explain, because who is studying medicine, engineering, law or whatever ‘else in Canada would be willing to pay such high tuition fees (around 20,000 plus accommodation and various expenses per year) then if the internship available if should see the hand of literally removed by a number of foreign professionals slightest? But that’s not all. The same goes for those lawyers who have obtained the certificate of accreditation once passed those tests required by the NCA or better National Committee on Accreditation. There are places available as a practitioner, law firms obviously do not give any importance to a certificate of accreditation. Certainly does not have the same weight as a bachelor’s degree issued by a Canadian law school, but then what chance remains for a foreign professional study of the fundamentals of the Canadian law on a par with what they do indigenous students? The programs for foreign lawyers of the main faculties of law in Toronto are here menzionati ; Pretendono of programs called “foreign trained lawyers” or for foreign lawyers. This should at least in theory imply that for every lawyer who has studied in any jurisdiction that this is both civil law or common law rules should be the same or at least those courses provide basic knowledge in order to perform the legal profession in Canada . Yet it is not absolutely clear, and indeed emphasized that these degrees do not provide courses on the fundamentals of Canadian private law, with what means law of contracts, property, etc.., As indeed would be a must if they were to circle the total degrees of “foreign lawyers” as much from civil law countries such as the common law, as well as pretend to be. I hear you say, how does a foreign lawyer to practice law in Canada if there is a course on property law Anglo-Saxon, moreover, recognized by the NCA (National Committee on Accreditation)? Would it not be better at this point a university system liberalized for all Canadian and foreign lawyers set equal to those that are commonly in civil law jurisdictions such as ours for one thing? The ‘college education is really an option for everyone at least as it should? But then, multiculturalism, acceptance, so that seemed to be the characters that inspired the policy of a Canada that look even lawyers and do not find them? Real scam against those professionals immigrants hoping to practice their profession in Canada and therefore are willing to pay good money in the form of taxes etc.. the Canadian government? A nation “right”? Consider that until 1990 the ownership of Canadian citizenship was a sine qua non to join a professional association. It was with (Law v. Canada), discussed the case before the Supreme Court whose object is the entry to the bar for an immigrant not in possession of Canadian Citizenship, which was established that citizenship could not be a requirement to do so because included among the grounds of discrimination under the Canadian Human Rights Code. Up to 50 years’ for Japanese, Chinese, etc.. and all individuals of Asian race in general was not allowed to be members of any professional association because of their race (vedi ). That is not to mention the condition of the aborigines and their right to an education that seems to have been not entirely clear legislated by the White Paper on Indian Affairs in 1969, in 1973 the Federal government officially endorsed the National Indian Brotherhood’s (predecessor to the Assembly of First Nations) Indian Control of Indian Education. – See more at: education # sthash . Canada is a multicultural country and welcoming least it is not necessary to use particular sources to engage in a seemingly trivial critical comment. The ‘Ontario, which is one of the 11 provinces of Canada, has an area that is equal to 5 times that of Italy, across Canada about 30 million inhabitants live in the Italian population is about 60 million; it is estimated that on the basis of ISTAT data of 2011 that foreigners holding a residence permit in Italy are 10%, about 6 million. I do not think it is necessary to point out that even Canada is located nearly 6,000 miles away to learn about multiculturalism and hospitality towards those who are different. Our Italian gooders maybe there we forgotten? But did you know that we are perhaps the only ones in the world to provide free health care at least for cases of emergency to every citizen of the world who sets foot in our country including any immigrant illegally present in the country? Just look interpretative guidance of our Constitutional Court in relation to art. 2 and 3 of the Constitution concerning the right to health, the judgments n. 252/2001 and 432/2005 considered inconsistent with the principles of human dignity and equality established by art. 2 and 3 of the Constitution, the denial of free health care even for the immigrant who lives illegally in Italy. Even the illegal immigrant is covered and has a right to health care for our Constitution. It’s not news that in Canada, not what it once was, but also in that of today, who is not a resident is required to present any health care with your credit card ready, then the insurance will cover the expense, we’ll see. It seems that the image of a Canada friendly, honest, where life is good, etc.., Those magazines that want to claim all costs should be examined if not at least a little magazine ‘critically before engender in some public oversight of dramatic proportions.

Nicola Albertoni