Ontario Law Society Considers Replacing Bar Exam with Skills Courses

The process for aspiring lawyers in Ontario may undergo a significant transformation as the Law Society of Ontario is contemplating the elimination of the bar exam. This examination has been a requirement for almost two decades. Instead of the bar exam, candidates would be required to complete a skills-based course, aligning Ontario with other provinces that have adopted similar measures, including Prince Edward Island, Alberta, Manitoba, Saskatchewan, and Nova Scotia.

British Columbia has also announced plans to “gradually retire” the bar exam. Provinces that have made this transition have integrated the Practice Readiness Education Program (PREP), an admissions training initiative developed by the Canadian Centre for Professional Legal Education.

Consultation and Future Plans

Atrisha Lewis, chair of professional development and competence at the Law Society of Ontario, indicated that a consultation phase is currently underway, set to continue until January 2024. “After we receive feedback from various stakeholders, the Law Society will decide on the next steps,” Lewis stated in an interview with CTV New Toronto. A formal decision regarding the potential replacement of the bar exam is anticipated in 2026, though Lewis did not specify when any changes could be implemented if approved.

Currently, the bar exam consists of two parts: the barrister and solicitor exams. Both are open book and feature multiple-choice questions, with candidates allowed approximately four-and-a-half hours to complete each part.

Alain Roussy, an associate professor in the Faculty of Law at the University of Ottawa, noted that the previous system before the introduction of the bar exam included a mix of courses and exams, as well as a summer course component. “The Law Society is moving back towards a more proactive educational model reminiscent of what existed before,” he explained.

Assessing Competence and Fairness

Lewis emphasized that the Law Society aims to ensure entry-level competence among new lawyers. “We have received indications that the bar exam may not be effectively meeting those goals,” she remarked. According to data from 2023 provided by the Law Society of Ontario, Canadian law graduates achieved an average pass rate of 88 percent for the barrister exam and 81 percent for the solicitor exam. In contrast, foreign-trained graduates had a pass rate of just 58 percent for the barrister exam and 50 percent for the solicitor exam.

Lewis critiqued the current bar exam process, describing it as “an exercise in having an index,” which involves creating a detailed table of contents to locate answers during the examination. She pointed out that this method does not accurately measure a candidate’s competence, as it relies heavily on the ability to look up information rather than demonstrating knowledge.

The preparation for the exam often involves students working together to compile the index, which can be a time-consuming task. Lewis highlighted that internationally trained candidates may not have the same access to networks or support systems, potentially putting them at a disadvantage unrelated to their actual competence. “We want to ensure that our assessment tools are rigorous yet fair, without disadvantaging any group,” she concluded.

As discussions continue, the future of the bar exam in Ontario remains uncertain, but the proposed shift towards skills-based education reflects a broader movement within the legal profession to adapt training methods to better assess and develop essential competencies for new lawyers.