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And very few do succeed. Consider the nearby table, which reflects the findings of a 2010 Statistics Canada study of 2006 census data that evaluated how well individuals “matched” to their occupations of training. Canadian-educated lawyers are far more likely to practice as lawyers than foreign lawyers: 69 per cent matched to legal jobs versus only 12 per cent of foreign ones. (This low rate crept up only slightly—to 13.3 per cent nationally—in a 2014 study that replicated the 2010 study’s methodology using 2011 National Household Survey data.)

Admittedly, some of these foreign lawyers may not match to legal jobs for reasons of aptitude. We know that many foreign-educated lawyers are Canadians who go abroad—usually to the U.K., U.S., or Australia—for law school. At least some were likely unable to get into Canadian law schools, and, by extension, may struggle to pass Canadian licensing requirements when they return. There’s nothing wrong with these individuals not practicing here: Canada’s legal profession has no obligation to dilute its standards to match lower ones elsewhere.

But there’s good reason to believe many foreign lawyers are not becoming lawyers in Canada for reasons of circumstance, rather than ability. They face numerous barriers that Canadian-educated lawyers do not.

Many foreign lawyers are never practicing here for reasons of circumstance, not ability

To name some key ones: foreign-educated lawyers face an uncertain and lengthy licensure timeline (it can take several years, if not longer, to complete the licensing process—particularly for individuals from civil law jurisdictions.) They don’t have access to generous student loans, so they’re often working full-time while studying (which affects exam pass rates). They’re frequently studying without support from professors or peers. They’re generally not eligible to participate in job “fairs,” which facilitate Canadian lawyers’ entry into the profession. And they often lack the learned mannerisms that are critical for finding employment. Any one such barrier—and these are only some—may not be insurmountable. But taken together, they can frustrate competent foreign lawyers’ efforts to practice here.