Ontario Law Society Proposes Skills-Based Courses to Replace Bar Exam

The Law Society of Ontario is considering a significant overhaul of the process for becoming a lawyer by potentially replacing the bar exam with skills-based courses. This proposed change, which could take effect as early as 2026, would align Ontario with several other provinces that have already moved away from traditional bar examinations.

The bar exam, a staple of legal training in Ontario for nearly two decades, may soon be replaced by a Program designed to enhance practical skills. Provinces including Prince Edward Island, Alberta, Manitoba, Saskatchewan, and Nova Scotia have opted for new models, adopting the Practice Readiness Education Program (PREP), developed by the Canadian Centre for Professional Legal Education. British Columbia recently announced a gradual phase-out of the bar exam as well.

Atrisha Lewis, the chair of professional development and competence at the Law Society of Ontario, indicated that a consultation phase is currently underway, expected to conclude in January 2024. Lewis stated, “After we received feedback from various stakeholders, the Law Society will decide what it wants to do for next steps.” A final decision is anticipated by 2026, although the timeline for implementation remains uncertain.

Current Examination Structure

Under the existing system, aspiring lawyers must complete two extensive examinations: the barrister and solicitor exams. Each exam is open book and consists of multiple-choice questions, with candidates allowed approximately four-and-a-half hours to complete them.

Alain Roussy, an associate professor at the University of Ottawa, noted that the previous examination system included a summer course, combining various classes and assessments. He remarked, “The law society is, in a sense, going back to a more proactive educational model that I think they had before.”

The goal of the proposed changes is to enhance the competency of entry-level lawyers. Lewis remarked, “There’s been some indicia that we’ve received that the bar exam may not be meeting those goals.”

Strong disparities exist in pass rates between Canadian and foreign-trained graduates. In 2023, Canadian graduates achieved an average pass rate of 88 percent for the barrister exam and 81 percent for the solicitor exam. In contrast, foreign-trained candidates faced a significantly lower pass rate of 58 percent for the barrister exam and 50 percent for the solicitor exam.

Concerns About Fairness

Lewis expressed concerns about the current bar exam structure, describing it as “an exercise in having an index,” referencing a detailed content table that candidates use to look up answers during the exam. She emphasized that relying on this method does not accurately assess competence, as candidates may merely search for answers rather than demonstrate understanding.

The process of preparing a comprehensive index is labor-intensive, often resulting in students collaborating in groups to divide the workload. Lewis pointed out that internationally trained candidates may lack access to such supportive networks, putting them at a disadvantage unrelated to their legal knowledge and skills.

“We want to ensure that the assessment tool that we use is rigorous but does not unfairly disadvantage any group,” she said. The Law Society’s ongoing consultation will seek to address these concerns and establish a more equitable system for assessing future lawyers in Ontario.

As discussions continue, the legal community will be closely watching the developments surrounding this potential shift in Ontario’s legal training landscape.