Nice words, but vague promises?

Nice words, but vague promises?

Rachel A. Sachs, FCLN VP and Immediate Past Chair of the Ontario Bar Association’s Women Lawyers Forum

Ontario’s proposed legislation for foreign-trained lawyers needs concrete answers

By Michelle Chermaine Ramos
The Philippine Reporter

When the Ontario government announced on October 21, 2021, that they were proposing changes that would, if passed, help address labor shortages by removing barriers for foreign-trained professionals including the requirement for Canadian work experience to get licensed in regulated professions, they mentioned the legal industry among others. As for what those specific proposed changes would be for the legal industry remain to be seen. Moreover, the question is how exactly is the government going to implement these changes? And the bigger question is how much sway do they actually have in this arena considering that it is the Federation of Law Societies of Canada who regulates this industry?

To quote the press release: “‘Newcomers in this province struggle to find jobs in their regulated profession for no other reason than bureaucracy and red tape,’ said Monte McNaughton, Minister of Labour, Training and Skills Development. ‘These are folks who often have the training, experience, and qualifications to work in booming industries where Ontario desperately needs help but are being denied a chance to contribute.’”

Paradoxically, considering the alarming staff shortages in the healthcare industry in the middle of this pandemic, the announcement also states, “the proposed changes, if passed, would apply to non-health regulated professions.” According to the October 28, 2021, report by the Ontario Council of Hospital Unions on Vacancies and Labour Shortages Affecting the Hospital and Health Care Workforce, vacancies for Registered Practical Nurses have increased by 116% in Ontario in only one year. They also report that the longer-term increase in vacancies is due to a sharp increase in the number of RPNs under the age of 35 who are leaving the profession. These are vacancies that many foreign-trained health professionals can fill. Why are healthcare workers who are desperately needed on the front lines of this battle excluded from these proposed changes?

To weigh in on these matters, we talked to Rachel A. Sachs, Filipino Canadian Lawyers Network Vice President and Immediate Past Chair of the Ontario Bar Association’s Women Lawyer’s Forum.

Do you think this would help ease up and shorten the time to get licensed to officially practice law in Canada?

RS: They really haven’t given that much information on what their plan is or how they will implement it. The way that that works for lawyers in Ontario is tied up with the way it works for all lawyers across Canada. The Federation of Law Societies of Canada requires a certain level of experience, or knowledge to be tested before an internationally trained lawyer can enter into any of the provincial streams. So, from that perspective, it’s unclear how the government is planning to get around that as it’s the FLSC process that is the largest, immediate barrier for internationally trained lawyers, particularly those who haven’t studied in a Commonwealth country. The FLSC will likely require they go back to school, which of course, law school in Ontario, or anywhere in Canada is an enormous expense of both time and money. And it’s really tough to say because being a self-regulated profession, it’s really lawyers who are deciding how other lawyers should be trained and brought into the system.

Has this come up in the FCLN’s discussions? Or do you have any suggestions on how this process can be improved?

RS: Although it is important to us, until something concrete is on the table, and there’s something to comment on from the government, it’s really hard to say. Maybe they will have a good approach? I don’t know. I think what they’ll have to do, first and foremost, is consult with the people in the professions impacted by the proposed changes. They need to speak to the people who are most affected by this: the internationally trained lawyers, those who have gone through the process, and the National Committee on Accreditation candidates, the ones who are currently going through the FLSC’s process right now.

So, I think it’s a lot of nice words that they’re saying. But at least when it comes to law, I’m not sure that it’s going to make a huge difference in practice unless they choose to dispense with articling and training altogether, or remove the bar writing component, or opt out of the FLSC equivalencies process. A lot more work and consultations with the whole profession – and particularly those directly impacted – need to be done before replacing the systems we have.

Is there a labour shortage in the legal field?

RS: I’m a solo practitioner. So, I’m not really in the job market so it’s hard for me to comment on that. But what I have heard from colleagues is that the larger firms are looking to fill those positions. And there are always appropriately qualified people who do want to work for a big firm. I’ve read numerous LinkedIn posts talking about how young workers who are currently searching have great bargaining power, because there are so many opportunities that need to be filled. But I think it might depend on who you talk to and what they’re looking for, right? There are a lot of varied options within the legal profession. The question one has to ask is what are you looking for? And depending on what the answer to those questions is, that might change what the outlook of the job market is. Are you willing to move to a small town? Work longer hours? How protective are you of your time? There are always many people looking for work, but there’s also a lot of jobs. I think a lot of the younger workers coming into it, they’re not willing to take the same jobs that many of us would have been willing to take 20 years ago. People want more flexibility from their lives. Things are changing slowly. The inclusion of law in the government’s announcement was surprising.

What do you think about the non-inclusion of the health professionals who are the most needed in terms of labour demand, especially during the pandemic? 

RS: I do think that is hugely problematic to not include healthcare-related professions. What I’m told is that licensing for foreign trained doctors is much worse than law in terms of getting qualified, and I think that’s a huge oversight. I think, where you’re really going to make a difference—if they really wanted to make a difference—wouldn’t it be within healthcare sectors and figuring out a way to make a more active transference of skills and practice, especially given the pandemic? It is not going away anytime soon.

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Are you a Canadian or foreign trained lawyer or law student? Got questions, comments or want to share your experience? E-mail at pitchmichelle@gmail.com

Read previous stories about accreditation for foreign-trained lawyers in our previous issues:

Fil-Can Lawyers group builds bridges of opportunity:
https://philippinereporter.com/index.php/2021/08/13/fil-can-lawyers-group-builds-bridges-of-opportunity/

Best tips to get an articling position and mentorship:
https://philippinereporter.com/index.php/2021/08/27/best-tips-to-get-a-lawyer-articling-position-and-mentorship/

Filipino immigrant lawyers share their stories and advice:
https://philippinereporter.com/index.php/2021/09/10/filipino-immigrant-lawyers-share-their-stories-and-advice/