Ad Hoc Committee on Approval of New Canadian Law Degree Programs

Transcription

1 i Ad Hoc Committee on Approval of New Canadian Law Degree Programs Report on Applications by: Lakehead University and Thompson Rivers University January 2011

2 2 INTRODUCTION 1. In Canada, each provincial and territorial law society determines whether the holder of a Canadian law degree is entitled to apply for admission to its bar admission or licensing program. 2. In the early 1990s, the law societies delegated to the Federation of Law Societies of Canada (the Federation ) the authority to review and make recommendations with respect to new Canadian law degree programs leading to the conferral of common law degrees ( Law School Programs ). 3. In 2007, the Federation established the Task Force on the Canadian Common Law Degree (the Task Force ) to recommend to law societies, for the first time, national academic requirements for a Canadian law degree for purposes of entry into bar admission or licensing programs. 4. Included among the factors motivating the Federation to undertake this initiative was the interest a number of Canadian universities and private degree-granting institutions expressed beginning in 2007 to offer new Law School Programs. The last time a new law school was established in Canada was 31 years ago. 5. The Task Force said this at page 20 of its Final Report (the Task Force Report ): New law schools will want to ensure that their graduates are eligible to enter bar admission programs in any common law jurisdiction in Canada. The adequacy and portability of their law degree for this purpose will be as essential to them and their students as it is to the already established law faculties. A clearly articulated national requirement is necessary to ensure that new Canadian law schools know what they must do to enable their graduates to enter bar admission programs. 6. As part of its work, the Task Force considered the long-term manner in which proposals for new law schools should be evaluated and by whom. 7. At the same time, however, given two applicants seeking a decision about their potential programs, prior to the conclusion of the Task Force s work, the Federation Council recognized the need for a temporary mechanism to consider requests for approval of new Law School Programs. 8. In March 2009, the Federation Council established the Ad Hoc Committee on Approval of New Canadian Law Degree Programs (the Committee ). Its original mandate was to evaluate applications for new Law School Programs on the basis of standards set by the Law Society of Upper Canada (last reviewed in 1969) as they may be applicable today. 9. The Task Force Report was issued in October 2009 and its recommendations for national academic requirements for a Canadian law degree for purposes of entry into bar admission or licensing programs (the National Requirements ) were approved by Canada s law societies in March 2010, with implementation of the National Requirements to be the subject of a further Federation process. The National Requirements are appended to this report as Appendix A. 10. In March 2010, the Federation Council revisited the Committee s terms of reference and determined that applications for new Law School Programs should be considered in light of the National Requirements, pending the implementation of the recommendations of the Task Force Report.

3 COMMITTEE MEMBERSHIP AND TERMS OF REFERENCE 11. The following individuals are members of the Committee: 3 (a) (b) (c) (d) (e) (f) Ronald J. MacDonald, Q.C., Chair. Mr. MacDonald is a Criminal Law Policy Advisor with the Nova Scotia Department of Justice, was the President of the Nova Scotia Barristers Society and is the current President of the Federation; Marilyn Billinkoff. Ms. Billinkoff is the Deputy Chief Executive Officer of the Law Society of Manitoba; Philip Bryden. Mr Bryden is the Dean of the Faculty of Law at the University of Alberta and was the Dean of the Faculty of Law at the University of New Brunswick; Tom Conway. Mr. Conway is a partner at Cavanagh Williams Conway Baxter LLP, a Bencher of the Law Society of Upper Canada and the Federation Council member representing the Law Society of Upper Canada; Graeme Mitchell, Q.C. Mr. Mitchell is Director of the Constitutional Law Branch of the Saskatchewan Department of Justice, was a Bencher of the Law Society of Saskatchewan and is the Federation Council member representing the Law Society of Saskatchewan; and Stephanie L. Newell, Q.C. Ms. Newell is a partner at O Dea Earle Law Offices, Past President of the Law Society of Newfoundland and Labrador and served as the Federation Council member representing the Law Society of Newfoundland and Labrador. 12. The work of the Committee is supported by Deborah Wolfe, P.Eng. Ms. Wolfe is the Managing Director of the National Committee on Accreditation. 13. The Committee s terms of reference, as approved by the Federation Council in March 2010 (the Terms of Reference ), are as follows: The Federation of Law Societies of Canada (the Federation ) establishes the Ad Hoc Committee on Approval of New Canadian Law Degree Programs (the Committee ) whose mandate shall be to make recommendations to the Council of the Federation in respect of applications by Canadian universities (the Applications ) for approval by the Federation of new academic programs leading to the conferral of a common law law degree which would entitle its holders to apply for admission to Canadian law societies ( Law School Programs ). In particular, and until such time as a successor body has been established by the Federation pursuant to the implementation of the Final Report of the Task Force on the Canadian Common Law Degree (the Task Force Report ), the Committee shall: (a) Consider any Application in light of the national requirements set forth in the Task Force Report (the National Requirements ) and determine on what conditions, if any, an Application should be approved. (b) Invite each applicant to make submissions to the Committee with respect to how the proposed Law School Program would meet the National Requirements.

4 4 (c) (d) (e) (f) Determine in its discretion whether submissions by applicants shall be made orally, in writing or both. Determine in its discretion whether and in what manner it wishes to entertain submissions from persons, organizations or institutions other than applicants in respect of Applications. In Consultation with the senior staff of the Federation, submit for the Federation Executive s approval a budget in respect of the Committee s consideration of an Application. Endeavour to make recommendations to the Council of the Federation regarding an Application no later than three (3) months following receipt of submissions from an applicant including with respect to whether its Application meets the National Requirements, and if so, the conditions upon which such Application is approved, if any. 14. The Committee is mindful that the scope of its mandate does not extend to consideration of policy issues including whether it is desirable to increase the number of law graduates in Canada and if so, whether and how this might best be accomplished, whether by the expansion of existing programs or the creation of new ones. The Committee believes that these questions are best left to universities which seek approval of new programs and the provincial education authorities charged with approving such programs. 15. The Committee also appreciates the distinction between the mandate which has been conferred upon it, namely, to evaluate whether applications for new Law School Programs, if implemented, would meet the National Requirements, and the evaluation of whether existing programs meet the National Requirements. It acknowledges that the monitoring of whether new programs continue to meet the National Requirements on an ongoing basis would be the subject of a different process. METHODOLOGY FOR EVALUATING APPLICATIONS 16. In accordance with the Terms of Reference, the Committee deliberated as to the methodology for evaluating applications for new Law School Programs. 17. The Committee concluded that the submissions would need to be sufficiently detailed in order for it to arrive at a conclusion in respect of each of the National Requirements applicable to proposed Law School Programs. It was felt that the assessment as to whether each National Requirement would be met, if implemented in the manner described by an applicant, could be made on the basis of written submissions alone. 18. In order to ensure the completeness of an applicant s submissions, the Committee agreed that it could make additional inquires of the applicant and request such additional written information as it saw fit.

5 5 19. The Committee deliberated as to whether it ought to seek further submissions from persons, organizations or institutions other than applicants in respect of each application for new Law School Programs. After consideration of the applications before it and the receipt of further written submissions from the applicants in question, the Committee felt that it had all of the information it required in order to make informed and reasoned recommendations to the Council of the Federation. 20. The Committee is mindful of the interim nature of its mandate pending the implementation of the Task Force Report. It acknowledges that the process of evaluation which it has followed in respect of the applications before it may be different from that to be applied for subsequent applications or by a successor body. 21. The Committee also recognizes that one or more of the National Requirements may be modified as a result of the implementation of the Task Force Report and that as a consequence, applicants will be required to adapt to any such modifications. APPLICATIONS FOR APPROVAL OF NEW LAW SCHOOL PROGRAMS 22. Two Canadian universities, Lakehead University ( Lakehead ) and Thompson Rivers University ( Thompson Rivers ), made formal applications to the Federation for approval of proposed Law School Programs. The Committee was seized with the applications in Lakehead University Background 23. Lakehead proposes to establish a three year program of study at a new Faculty of Law at its campus in Thunder Bay, Ontario leading to a Bachelor of Laws Degree (LL.B.) commencing in September Lakehead s plans call for the new Faculty to accommodate up to 150 students based on a first year admission of 55 students. 24. Lakehead advances four rationales for establishing a new Faculty of Law: (a) (b) (c) (d) providing an Ontario law school that has an emphasis on working with Aboriginal peoples in order to address the legal needs of Aboriginal communities in the north; redressing declining participation in sole and small firm law practice; providing access in Northern Ontario to a Canadian law school; and providing an educational focus on legal issues related to the resourcebased Northern Ontario economy. 25. Lakehead s proposal for a Faculty of Law has not yet been approved by Ontario s Ministry of Training, Colleges and universities. 26. In June 2010, in accordance with the Terms of Reference, Lakehead was invited to make submissions to the Committee with respect to how its proposed Law School Program would meet the National Requirements. 27. The Committee s findings with respect to whether and in what manner Lakehead s proposed Law School Program would, if implemented as described, meet the National Requirements, are set forth in the table appended to this report as Appendix B-1.

6 Committee Evaluation Process for Lakehead On June 25, 2010, the Committee received submissions from Lakehead. They are appended to this report as Appendix B On July 26, 2010, the Committee met in person in Toronto to consider Lakehead s submissions. As a result of its deliberations, the Committee sought additional information from Lakehead by letter dated August 4, A copy of the letter is appended to this report as Appendix B On August 27, 2010, the Committee received supplementary submissions from Lakehead. They are appended to this report as Appendix B On September 15, 2010, the Committee met by teleconference to consider Lakehead s supplementary submissions. Thompson Rivers University Background 32. In February 2009 the Government of British Columbia announced plans for a new law school to be established at Thompson Rivers. 33. Thompson Rivers proposes to establish a three year program of study at a new Faculty of Law in Kamloops, British Columbia leading to a degree of Juris Doctor (JD) commencing in September Thompson Rivers proposal contemplates a first year intake of 60 students. 34. Pursuant to a Licence Agreement entered into with the University of Calgary, the Thompson Rivers JD degree is proposed to be offered in conjunction with the University of Calgary which has granted to Thompson Rivers the licence to reproduce and use the undergraduate law programme and curriculum of the University of Calgary s Faculty of Law. Law societies in Canadian common law jurisdictions currently recognize the University of Calgary s JD degree for purposes of entry into bar admission or licensing programs. 35. The Board of Governors of Thompson Rivers has approved plans for construction of a new law school with occupancy scheduled for Spring 2014 with interim facilities planned to be provided in time for the 2011 academic year. 36. Thompson Rivers has hired its first Dean of the Faculty of Law, Chris Axworthy, Q.C. 37. Thompson Rivers is in the process of seeking approval of its Law School Program from the British Columbia Minister of Advanced Education and Labour Market Development. 38. In June 2010, in accordance with the Terms of Reference, Thompson Rivers was invited to make submissions to the Committee with respect to how its proposed Law School Program would meet the National Requirements. 39. The Committee s findings with respect to whether and in what manner Thompson Rivers proposed Law School Program would, if implemented as described, meet the National Requirements, are set forth in the table appended to this report as Appendix C-1.

7 Committee Evaluation Process for Thompson Rivers 40. On June 28, 2010, the Committee received submissions from Thompson Rivers. They are appended to this report as Appendix C On July 26, 2010, the Committee met in person in Toronto to consider Thompson Rivers submissions. As a result of its deliberations, the Committee sought additional information from Thompson Rivers by letter dated August 4, A copy of the letter is appended to this report as Appendix C On August 27, 2010, the Committee received supplementary submissions from Thompson Rivers. They are appended to this report as Appendix C On September 15, 2010, the Committee met by teleconference to consider Thompson Rivers supplementary submissions. Further information was again requested of Thompson Rivers as a result. The Committee s letter dated September 16, 2010 is appended to this report as Appendix C On September 28, 2010, Thompson Rivers provided the requested information (appended as Appendix C-6 and C-7) and on October 13, 2010, the Committee met by teleconference to further deliberate in respect of the Thompson Rivers application. CONCLUSION 45. After due consideration of the applications before it, the Committee makes the following recommendations to the Council of the Federation: (a) That the Federation accept the application by Lakehead University for approval of a new academic program leading to the conferral of a common law law degree which would entitle its holders to apply for admission to Canadian law societies (the Lakehead Law Degree Program ), such approval being granted on the following conditions: (i) (ii) (iii) issuance by the appropriate governmental authority of such approvals as are necessary for the Lakehead Law Degree Program to come into existence; full implementation to the satisfaction of the Committee until such time as a successor body is established pursuant to the implementation of the Task Force Report, of the undertakings and representations made by the applicant in its submissions to the Committee as set forth in Appendix B including, without limitation, those with respect to the securing of financial resources necessary to operate the program as described; and ongoing compliance with such measures as may be established by the Federation pursuant to the implementation of the Task Force Report for the purpose of ensuring that the Lakehead Law Degree Program continues to meet the National Requirements; and

8 8 (b) That the Federation accept the application by Thompson Rivers University for approval of a new academic program leading to the conferral of a common law law degree which would entitle its holders to apply for admission to Canadian law societies (the Thompson Rivers Law Degree Program ), such approval being granted on the following conditions: (i) (ii) (iii) issuance by the appropriate governmental authority of such approvals as are necessary for the Thompson Rivers Law Degree Program to come into existence; full implementation to the satisfaction of the Committee until such time as a successor body is established pursuant to the implementation of the Task Force Report, of the undertakings and representations made by the applicant in its submissions to the Committee as set forth in Appendix C including, without limitation, those with respect to the securing of financial resources necessary to operate the program as described; and ongoing compliance with such measures as may be established by the Federation pursuant to the implementation of the Task Force Report for the purpose of ensuring that the Thompson Rivers Law Degree Program continues to meet the National Requirements.

9 i APPENDIX A Task Force Recommendations

10 THE TASK FORCE S RECOMMENDATIONS 1. The Task Force recommends that the law societies in common law jurisdictions in Canada adopt forthwith a uniform national requirement for entry to their bar admission programs ( national requirement ). 2. The Task Force recommends that the National Committee on Accreditation ( NCA ) apply this national requirement in assessing the credentials of applicants educated outside Canada. 3. The Task Force recommends that this national requirement be applied in considering applications for new Canadian law schools. 4. The Task Force recommends that the following constitute the national requirement: A. Statement of Standard 1. Definitions In this standard, a. "bar admission program" refers to any bar admission program or licensing process operated under the auspices of a provincial or territorial law society leading to admission as a lawyer in a Canadian common law jurisdiction; b. "competency requirements" refers to the competency requirements, more fully described in section B, that each student must possess for entry to a bar admission program; and c. "law school" refers to any educational institution in Canada that has been granted the power to award an LLB. or J.D. degree by the appropriate provincial or territorial educational authority. 2. General Standard An applicant for entry to a bar admission program ("the applicant") must satisfy the competency requirements by either, a. successful completion of an LL.B. or J.D. degree that has been accepted by the Federation of Law Societies of Canada ("the Federation ); or

11 2 b. possessing a Certificate of Qualification from the Federation s National Committee on Accreditation. B. Competency Requirements 1. Skills Competencies The applicant must have demonstrated the following competencies: 1.1 Problem-Solving In solving legal problems, the applicant must have demonstrated the ability to, a. identify relevant facts; b. identify legal, practical, and policy issues and conduct the necessary research arising from those issues; c. analyze the results of research; d. apply the law to the facts; and e. identify and evaluate the appropriateness of alternatives for resolution of the issue or dispute. 1.2 Legal Research The applicant must have demonstrated the ability to, a. identify legal issues; b. select sources and methods and conduct legal research relevant to Canadian law; c. use techniques of legal reasoning and argument, such as case analysis and statutory interpretation, to analyze legal issues; d. identify, interpret and apply results of research; and e. effectively communicate the results of research. 1.3 Oral and Written Legal Communication The applicant must have demonstrated the ability to, a. communicate clearly in the English or French language;

12 3 b. identify the purpose of the proposed communication; c. use correct grammar, spelling and language suitable to the purpose of the communication and for its intended audience; and d. effectively formulate and present well reasoned and accurate legal argument, analysis, advice or submissions. 2. Ethics and Professionalism The applicant must have demonstrated an awareness and understanding of the ethical requirements for the practice of law in Canada, including, a. the duty to communicate with civility; b. the ability to identify and address ethical dilemmas in a legal context; c. familiarity with the general principles of ethics and professionalism applying to the practice of law in Canada, including those related to, i. circumstances that give rise to ethical problems; ii. iii. iv. the fiduciary nature of the lawyer's relationship with the client; conflicts of interest; duties to the administration of justice; v. duties relating to confidentiality and disclosure; vi. vii. an awareness of the importance of professionalism in dealing with clients, other counsel, judges, court staff and members of the public; and the importance and value of serving and promoting the public interest in the administration of justice. 3. Substantive Legal Knowledge The applicant must have undertaken a sufficiently comprehensive program of study to obtain an understanding of the complexity of

13 4 the law and the interrelationship between different areas of legal knowledge. In the course of this program of study the applicant must have demonstrated a general understanding of the core legal concepts applicable to the practice of law in Canada, including as a minimum the following areas: 3.1 Foundations of Law The applicant must have an understanding of the foundations of law, including, a. principles of common law and equity; b. the process of statutory construction and analysis; and c. the administration of the law in Canada. 3.2 Public Law of Canada The applicant must have an understanding of the core principles of public law in Canada, including, a. the constitutional law of Canada, including federalism and the distribution of legislative powers, the Charter of Rights and Freedoms, human rights principles and the rights of Aboriginal peoples of Canada; b. Canadian criminal law; and c. the principles of Canadian administrative law. 3.3 Private Law Principles The applicant must demonstrate an understanding of the foundational legal principles that apply to private relationships, including, a. contracts, torts and property law; and b. legal and fiduciary concepts in commercial relationships. C. Approved Canadian Law Degree The Federation will accept an LL.B. or J.D. degree from a Canadian law school as meeting the competency requirements if the law school offers an academic

14 5 and professional legal education that will prepare the student for entry to a bar admission program and the law school meets the following criteria: 1. Academic Program: 1.1 The law school's academic program for the study of law consists of three academic years or its equivalent in course credits. 1.2 The course of study consists primarily of in-person instruction and learning and/or instruction and learning that involves direct interaction between instructor and students. 1.3 Holders of the degree have met the competency requirements. 1.4 The academic program includes instruction in ethics and professionalism in a course dedicated to those subjects and addressing the required competencies. 1.5 Subject to special circumstances, the admission requirements for the law school include, at a minimum, successful completion of two years of postsecondary education at a recognized university or CEGEP. 2. Learning Resources: 2.1 The law school is adequately resourced to enable it to meet its objectives, and in particular, has appropriate numbers of properly qualified academic staff to meet the needs of the academic program. 2.2 The law school has adequate physical resources for both faculty and students to permit effective student learning. 2.3 The law school has adequate information and communication technology to support its academic program. 2.4 The law school maintains a law library in electronic and/or paper form that provides services and collections sufficient in quality and quantity to permit the law school to foster and attain its teaching, learning and research objectives. 5. The Task Force recommends that the compliance mechanism for law schools be a standardized annual report that each law school Dean completes and submits to the

15 6 Federation or the body it designates to perform this function. In the annual report the Dean will confirm that the law school has conformed to the academic program and learning resources requirements and will explain how the program of study ensures that each graduate of the law school has met the competency requirements. 6. The Task Force recommends that the Federation, or the body it designates to consider proposals for new Canadian law schools, be entitled to approve a proposal with such conditions as it thinks appropriate, relevant to the national requirement. 7. The Task Force recommends that by no later than 2015, and thereafter, all applicants seeking entry to a bar admission program must meet the national requirement. 8. The Task Force recommends that the Federation establish a committee to implement the Task Force s recommendations.

16 i APPENDIX B-1 Lakehead University Applicant Submissions and their Alignment with National Requirements

17 Appendix B-1 Applicant Submissions and their Alignment with the National Requirements Summary Lakehead University (References are to the Appendices in this Report) National Requirements Submission Committee Evaluation of Proposal, if Implemented A. COMPETENCY REQUIREMENTS 1. Skills Competencies The applicant must have demonstrated the following competencies: 1.1 Problem Solving In solving legal problems, the applicant must have demonstrated the ability to, a. identify relevant facts; b. identify legal, practical, and policy issues and conduct the necessary research arising from those issues; c. analyze the results of research; d. apply the law to the facts; and e. identify and evaluate the appropriateness of alternatives for resolution of the issue or dispute. Standard will be assessed within six mandatory courses. Assessment will use scoring rubrics particularly targeting ability to perform analysis and synthesis. Appendix B-2, Section 4.2 and Table Legal Research The applicant must have demonstrated the ability to, a. identify legal issues; b. select sources and methods and conduct legal research relevant to Canadian law; c. use techniques of legal Legal research and writing will be introduced and required throughout the core curriculum and specifically in three mandatory courses. Assessment will use scoring

18 2 reasoning and argument, such as case analysis and statutory interpretation, to analyze legal issues; d. identify, interpret and apply results of research; and e. effectively communicate the results of research. rubrics particularly targeting ability to perform analysis and synthesis. In addition, program graduates/alumni and employers will be surveyed regarding the effectiveness of the studies in equipping graduates with the required competencies. Appendix B-2, Section 4.2 and Table Oral and Written Legal Communication The applicant must have demonstrated the ability to, a. communicate clearly in the English or French language; b. identify the purpose of the proposed communication; c. use correct grammar, spelling and language suitable to the purpose of the communication and for its intended audience; and d. effectively formulate and present well reasoned and accurate legal argument, analysis, advice or submissions. Oral and written legal communication will be woven through the core curriculum and explicitly addressed in three mandatory courses. Direct student assessments will be undertaken on various activities. In addition, program graduates/alumni and employers will be surveyed regarding the effectiveness of the studies in equipping graduates with the required competencies. Appendix B-2, Section 4.2 and Table Ethics and Professionalism 2. Ethics and Professionalism The applicant must have demonstrated an awareness and understanding of the ethical requirements for the practice of law in Canada, including, Ethics and Professionalism will be woven through the core Curriculum and explicitly addressed in four mandatory courses. Direct

19 3 a. the duty to communicate with civility; b. the ability to identify and address ethical dilemmas in a legal context; c. familiarity with the general principles of ethics and professionalism applying to the practice of law in Canada, including those related to, i. circumstances that give rise to ethical problems; ii. the fiduciary nature of the lawyer's relationship with the client; iii. conflicts of interest; iv. duties to the administration of justice; v. duties relating to confidentiality and disclosure; vi. an awareness of the importance of professionalism in dealing with clients, other counsel, judges, court staff and members of the public; and vii. the importance and value of serving and promoting the public interest in the administration of justice. student assessments will be undertaken on various activities. Employers will be surveyed to seek their assessment of how well the graduates of the program exhibit the required ethical and professional competencies. Appendix B-2, Section 4.2 and Table Substantive Legal Knowledge The applicant must have undertaken a sufficiently comprehensive program of study to obtain an understanding of the complexity of the law and the interrelationship between different areas of legal knowledge. In the course of this program of study the applicant must have demonstrated a general understanding of the core legal concepts applicable to the practice of law in Canada, including as a minimum the following areas: 3.1 Foundations of Law The applicant must have an understanding of the foundations of law, including, a. principles of common law and equity; b. the process of statutory construction and analysis; and c. the administration of the law in Canada. Competencies will be taught in six mandatory courses. Assessment will target cognitive development from the knowledge and comprehension to the synthesis and evaluation stages. In addition, program

20 4 graduates/alumni and employers will be surveyed regarding the effectiveness of the studies in equipping graduates with the required competencies. Appendix B-2, Section 4.2 and Table Public Law of Canada The applicant must have an understanding of the core principles of public law in Canada, including, a. the constitutional law of Canada, including federalism and the distribution of legislative powers, the Charter of Rights and Freedoms, human rights principles and the rights of Aboriginal peoples of Canada; b. Canadian criminal law; and c. the principles of Canadian administrative law. Competencies will be taught in nine mandatory courses. Assessment will target cognitive development from the knowledge and comprehension to the synthesis and evaluation stages. In addition, program graduates/alumni and employers will be surveyed regarding the effectiveness of the studies in equipping graduates with the required competencies. Appendix B-2, Section 4.2 and Table Private Law Principles The applicant must demonstrate an understanding of the foundational legal principles that apply to private relationships, including, a. contracts, torts and property law; and b. legal and fiduciary concepts in commercial relationships. Competencies will be taught in seven mandatory courses. Assessment will target cognitive development from the knowledge and comprehension to the synthesis and evaluation stages. In addition, program graduates/alumni and employers will be surveyed regarding the effectiveness of the studies in equipping

21 5 graduates with the required competencies. Appendix B-2, Section 4.2 and Table 1. B. APPROVED CANADIAN LAW DEGREE The Federation will accept an LL.B. or J.D. degree from a Canadian law school as meeting the competency requirements if the law school offers an academic and professional legal education that will prepare the student for entry to a bar admission program and the law school meets the following criteria: 1. Academic Program 1.1 The law school's academic program for the study of law consists of three academic years or its equivalent in course credits. The LL.B. degree is a three year second-entry, undergraduate program of study. A total of 18 full course equivalents (18 FCEs) are required for graduation. Appendix B-2, Section 4.2 and Table The course of study consists primarily of in-person instruction and learning and/or instruction and learning that involves direct interaction between instructor and students. The three year curriculum will be delivered primarily using in-person instruction and direct interaction between the instructor and students. Appendix B-2, Section 4.3 and Table Holders of the degree have met the competency requirements. Curriculum development and assessment, evaluation, and tracking measures in place to ensure criterion is met. Appendix B-2, Table 2.

22 6 1.4 The academic program includes instruction in ethics and professionalism in a course dedicated to those subjects and addressing the required competencies. Content related to Ethics and Professionalism will be woven throughout the core curriculum. In addition, Law 1xxx Ethics, and Professional Responsibility is a required course in first year. Appendix B-2, Section 4.2 and Table Subject to special, circumstances, The admission requirements for the law school include, at a minimum, successful completion of two years of postsecondary education at a recognized university or CEGEP. A minimum of a three-year degree will be required, but an honours degree is preferred. Students who have completed two years of university study with high academic standing will be considered. Appendix B-2, Section 4.1 and Table Learning Resources: 2.1 The law school is adequately resourced to enable it to meet its objectives, and in particular, has appropriate numbers of properly qualified academic staff to meet the needs of the academic program. Plans have been developed to ensure that appropriate human and physical resources are in place to develop and sustain the proposed LL.B degree program. Appendix B-2, Section and Table The law school has adequate physical resources for both faculty and students to permit effective student In 2008 Lakehead University acquired land and a building declared surplus by the local school board, the Port Arthur

23 7 learning. Collegiate Institute (PACI), to accommodate the Faculty of Law and Law Library. The quantity and quality of classroom facilities at the PACI site and the main campus will exceed the needs of the program. Appendix B-2, Section and Table The law school has adequate information and communication technology to support its academic program. Lakehead University provides modern, high tech teaching, research and learning facilities on both campuses and at the PACI site. Appendix B-2, Section and Table The law school maintains a law library in electronic and/or paper form that provides services and collections sufficient in quality and quantity to permit the law school to foster and attain its teaching, learning and research objectives. Plans for the development of the Faculty of Law Law Library have been initiated. The Law Library will provide access to electronic and paper collections sufficient to meet disciplinary standards. Lakehead University is committed to the recruitment and hire of a legally trained Law Librarian, as soon thereafter as possible after the Faculty Dean is in place. Appendix B-2, Section and Table 2.

24 i APPENDIX C-1 Thompson Rivers University Applicant Submissions and their Alignment with National Requirements

25 Appendix C-1 Applicant Submissions and their Alignment with the National Requirements Summary Thompson Rivers University (References are to the Appendices in this Report) National Requirements Submission Committee Evaluation of Proposal, if Implemented A. COMPETENCY REQUIREMENTS 1. Skills Competencies The applicant must have demonstrated the following competencies: 1.1 Problem Solving In solving legal problems, the applicant must have demonstrated the ability to, a. identify relevant facts; b. identify legal, practical, and policy issues and conduct the necessary research arising from those issues; c. analyze the results of research; d. apply the law to the facts; and e. identify and evaluate the appropriateness of alternatives for resolution of the issue or dispute. Each of these identified, critically important, skills will be acquired in the compulsory first year courses through appropriate teaching methodologies and tasks and through appropriate evaluation techniques. These learned skills will then be honed and augmented during upper year legal studies. Appendix C-2, page Legal Research The applicant must have demonstrated the ability to, a. identify legal issues; b. select sources and methods and conduct legal research relevant to Canadian law; c. use techniques of legal reasoning and argument, such as case analysis and statutory TRU law students will learn these skills throughout their Law School careers. From their first year studies through to, and including, third year, students will learn to be familiar, and comfortable, with these required skills through a multitude of different tasks and techniques

26 2 interpretation, to analyze legal issues; d. identify, interpret and apply results of research; and e. effectively communicate the results of research. Appendix C-2, page Oral and Written Legal Communication The applicant must have demonstrated the ability to, a. communicate clearly in the English or French language; b. identify the purpose of the proposed communication; c. use correct grammar, spelling and language suitable to the purpose of the communication and for its intended audience; and d. effectively formulate and present well reasoned and accurate legal argument, analysis, advice or submissions. The basics of these skills will be learned in the first year course entitled Fundamental Legal Skills (elaborated upon below). Again, these skills will be honed and improved upon in upper year courses and in the various mooting and debating opportunities available to students, both inside the Law School and in National and International competitions identified below, as well as throughout the curriculum. Appendix C-2, page Ethics and Professionalism 2. Ethics and Professionalism The applicant must have demonstrated an awareness and understanding of the ethical requirements for the practice of law in Canada, including, a. the duty to communicate with civility; b. the ability to identify and address ethical dilemmas in a legal context; c. familiarity with the general principles of ethics and professionalism applying to the practice of law in Canada, including those related to, i. circumstances that give rise to ethical problems; ii. the fiduciary nature of the As well as ensuring that all students take a designated course in Ethics and Professional Responsibility TRU Law School intends to make Ethics and Professional Responsibility an integral part of its first year and second year curriculum. Appendix C-2, page 5.

27 3 lawyer's relationship with the client; iii. conflicts of interest; iv. duties to the administration of justice; v. duties relating to confidentiality and disclosure; vi. an awareness of the importance of professionalism in dealing with clients, other counsel, judges, court staff and members of the public; and vii. the importance and value of serving and promoting the public interest in the administration of justice. 3. Substantive Legal Knowledge The applicant must have undertaken a sufficiently comprehensive program of study to obtain an understanding of the complexity of the law and the interrelationship between different areas of legal knowledge. In the course of this program of study the applicant must have demonstrated a general understanding of the core legal concepts applicable to the practice of law in Canada, including as a minimum the following areas: 3.1 Foundations of Law The applicant must have an understanding of the foundations of law, including, a. principles of common law and equity; b. the process of statutory construction and analysis; and c. the administration of the law in Canada. Every student will complete the compulsory First Year courses of Legal Perspectives, Legislation, Administration and Policy and Fundamental Legal Skills. In addition, the compulsory First Year courses address foundational principles of common law and equity. Appendix C-2, page Public Law of Canada The applicant must have an understanding of the core principles of public law in Canada, including, a. the constitutional law of Canada, including federalism and the distribution of legislative powers, the Charter Every student will complete the compulsory First Year courses of Constitutional Law, Crime: Law and Procedure, and the compulsory Second Year course of The Administrative Process. Appendix C-2, page 37.

28 4 of Rights and Freedoms, human rights principles and the rights of Aboriginal peoples of Canada; b. Canadian criminal law; and c. the principles of Canadian administrative law. 3.3 Private Law Principles The applicant must demonstrate an understanding of the foundational legal principles that apply to private relationships, including, a. contracts, torts and property law; and b. legal and fiduciary concepts in commercial relationships. Every student will complete the compulsory First Year courses of Contracts, Torts and Property. August 2010 report, page 17. Each student will meet the Legal and Fiduciary Concepts in Commercial Relationships competency by studying one or more courses in subjects where these concepts are covered in detail and then being successful in the evaluation process in that course(s). Appendix C-2, page 37. B. APPROVED CANADIAN LAW DEGREE The Federation will accept an LL.B. or J.D. degree from a Canadian law school as meeting the competency requirements if the law school offers an academic and professional legal education that will prepare the student for entry to a bar admission program and the law school meets the following criteria: 1. Academic Program 1.1 The law school's academic program for the study of law consists of three academic years or its equivalent in course credits. The recommended requirement of the Final Report that the law school's academic program for the study of law must consist of three academic years or its equivalent in course credits will be the program at TRU Law School. Appendix C-2, page The course of study consists primarily of in-person The recommended requirement of the Final Report that the course of study must consist primarily of

29 5 instruction and learning and/or instruction and learning that involves direct interaction between instructor and students. in-person instruction and learning and/or instruction and learning that involves direct interaction between instructor and student will be the methodology followed at TRU Law School. Appendix C-2, page 5. There are no plans to offer the TRU Law Program other than through in-person instruction. Appendix C-4, page Holders of the degree have met the competency requirements. Dean of Law at Thompson Rivers University will complete the required report confirming that the law school has conformed to the academic program and learning resources requirements and will explain how the program of study ensures that each graduate of the law school has met the competency requirements. Appendix C-2, page The academic program includes instruction in ethics and professionalism in a course dedicated to those subjects and addressing the required competencies. TRU Law School sees this aspect of legal and professional education as being an integral part of the Law School s purpose and function. As well as ensuring that all students take a designated course in Ethics and Professional Responsibility. Appendix C-2, page Subject to special, circumstances, The admission requirements for the law school include, at a minimum, successful completion of two years of postsecondary education at a recognized The recommended requirement of the Final Report that the subject to special circumstances, the prerequisite for entry to law school must at a minimum include successful completion of two years of postsecondary education at a recognized university or CEGEP, will be TRU Law

30 6 university or CEGEP. School s entry criteria. Appendix C-2, page Learning Resources: 2.1 The law school is adequately resourced to enable it to meet its objectives, and in particular, has appropriate numbers of properly qualified academic staff to meet the needs of the academic program. The recommended requirement of the Final Report that the law school must have appropriate numbers of qualified academic staff to meet the needs of the academic program will be satisfied. Appendix C-2, page 6. As the Law School will receive its initial first year class in September, 2011, as is indicated above, the hiring process is on the horizon. Reference has already been made to the Law School s hiring schedule. Most of the Law School s initial faculty will take up their positions on July 1, It may be possible and desirable for one, or a number, of these professors to commence their appointments earlier than on that date. Certainly, by the end of 2010 the first cohort of faculty members at TRU Law School will have been appointed or in the process of being appointed. Appendix C-4, page The law school has adequate physical resources for both faculty and students to permit effective student learning. At the outset, the Law School will be located in the House of Learning, being constructed on campus and scheduled for completion by January The Board of Governors has recently approved plans for the construction of a new Law School. Construction for the new Law School will commence in 2011 with occupancy scheduled for Spring 2014.

31 7 Appendix C-2, page The law school has adequate information and communication technology to support its academic program. The recommended requirement of the Final Report that the law school must have adequate information and communication technology to support its academic program will be satisfied. Indeed, the Law School will be a state of the art facility both while it is located in the House of Learning and when it occupies its own facilities. Appendix C-2, page The law school maintains a law library in electronic and/or paper form that provides services and collections sufficient in quality and quantity to permit the law school to foster and attain its teaching, learning and research objectives. The recommended requirement of the Final Report that the law school must maintain a law library in electronic and/or paper form that provides services and collections sufficient in quality and quantity to permit it to foster and attain its teaching, learning and research objectives will be satisfied. An expert consultant will assist in the development of the Library, to report on library and legal standards, best practices in academic law libraries, and recommendations on core library legal resources. Appendix C-2, page 6. In considering the best possible course of action, the Law School (and its consultant) will pay close attention to the May 5, 2007 Canadian Academic Law Library Standards (Standards) promulgated by the Canadian Academic Law Library Directors Association. Appendix C-4, page 8. TRU is also committed to the

32 8 appointment of a designated director of the law library and to the hiring of sufficient, competent staff to carry out the important work of the Law Library, both as proposed by the Standards. August 2010 report, page 9. Specifically, the Law Library physical facilities will meet, indeed exceed, all of the Standards for such facilities proposed by the Academic Law Librarians. Appendix C-4, page 9.