The Gazette 1964/67

In Canada the position is as hereinafter out lined:— (1) The Province of Ontario: The Law Society of Upper Canada have regulations govern ing transfer to practice in Ontario of United Kingdom solicitors. Formally all that is nec essary is that an applicant must simply show a current practising certificate as a solicitor in the United Kingdom to be eligible to enter the Bar Admission course. The regul ation has been construed to include solici tors of the Republic of Ireland. In Vancouver before a person may be ad mitted as a solicitor or barrister he must be a Candadian citizen or a British subject. The authority responsible for admission is the Law Society of British Columbia who operate under the Canons of Legal Ethics and Rules of the Law Society of British Columbia. Saskatchewan: A person can only practice law in Saskatchewan after he has been ad mitted as a barrister and solicitor in the Law Society of Saskatchewan. This admis sion entitles him to practise both as a bai- rister and as a solicitor. The profession is Saskatchewan is not split. Applicant has to be a British subject and has to pass pre scribed examinations and his academis quali fications must be such as are acceptable to the Benchers of the Law Society of Saskat chewan. (4) Newfoundland: There is no exemption from examinations and every candidate for ad mission must write examinations in Practice and Procedure and Newfoundland Statutes. (5) Manitoba: There is no provision for the ad mission of solicitors from the Republic of Ireland. The Law Society requires that all persons admitted as solicitors in Manitoba must be British subjects and must take the oath of allegiance in open Court. If an Irish solicitor qualifies as a British subject his admission is governed by the Rules of the Law Society, the particular rule to wit, Rule 46 of the Society provides that permission in each case is determined on its own particular circumstances. (6) Alberta: the position in Alberta is at present uncertain as a new Legal Profession Act is under consideration. Generally speaking solicitors from other countries are treated exactly the same as solicitors from other provinces in Canada in so far as examin ations are concerned but the co-ordinating Council of the University of Alberta may (1) (3)

outside Australia. Section 8 is confined to the admission of barristers entitled to practise in the High Court of Justice in England, Northern Ire land and Scotland. Section 9 relates to the ad mission, subject to compliance with certain condi tions, of practitioners of Superior Courts of other parts of Her Majesty's dominions. As Ireland is not part of Her Majesty's dominions the section can have no application to Irish practitioners; accordingly there would appear to be little pos sibility of entering the roll of solicitors without starting legal education de novo. Having made enquiries regarding the position in New South Wales we have been informed that persons who have been admitted as solicitors of the Supreme Court of England, or Northern Ireland or who have been admitted as solicitors in Scotland aie eligible for admission in that State without further examination or period of articles or clerkship. Such an application canndt be made until the intending applicant has been resident in the State for at least three years. In Victoria an Irish solicitor (or barrister) may be admitted to prac tice on complying with the Rules of the Board of Examiners for barristers and solicitors. Three months' notice is required and the procedure is set-out in the Rules of the Board referred to. The Rules state that three months notice must be given and qualification proved by producing the appropriate certificates. A fee of £65 is also pay able. Points which cause difficulty are mainly :— (a) applicant must establish that he is a British subject; (1)) he must be vouched for by two barristers and solicitors of the Supreme Court of Vic toria. If he knows no such persons, a certi ficate as to character from the persons with whom he had been in practice are usually accepted as sufficient; admission days are the first day of every month except January, February and one of the winter months, usually July. Qualification as an Irish solicitor does not entitle a person to any special consideration under the Practitioners Admission Rules which govern the operation of the Commonwealth Practitioners Board. However, if an Irish solicitor is admitted to practice in the Supreme Court of one of the Australian States on the basis of his qualification as an Irish solicitor, he would be able (under the Judicature Act of the Commonwealth and the Territory Laws) to practise in the Australian Federal and Territory Court by virtue of his being entitled to practise in the Supreme Court of one of the Australian States. (c)