R. Douglas Elliott, at the 2016 Osgoode Forum on Administrative Law and Practice, commenting on the actions of various law societies in deferring to a central body of law deans to tell the various provincial law societies whether a law degree should be accepted for qualification. Pointing out that a delegate cannot further delegate, without the consent of the delegator. To the extent that governments permit law societies to be self-regulating, in circumstances where governments could regulate directly, the law societies must regulate as the delegator would do, if doing so directly.
The trend seems to be to simply permit anyone with an acceptable law degree, as determined by the national association of law Deans, to write the bar admission exams in a particular province. This is so, irrespective of whether such person has taken the core courses that would normally be considered necessary for anyone to be permitted to practice any type of law, as is the case once one is called to the Bar of a particular province.
Have written before about how the professional accounting qualification model found throughout Canada is far superior, in terms of protection of the public, than that which has been adopted by provincial law societies. Provincial accounting bodies do not purport to qualify degrees, but instead qualify courses. A student can take whatever he or she wants in a commerce program. However, if such student wants to sit for the qualification exams in professional accounting, such student must take a specified number and type of courses, which are evaluated by provincial accounting bodies.
Most recently, was involved in reconstituting a course in commercial law that had been deemed unacceptable for credit by the Ontario professional accounting body, having previously been accredited. As might be expected with this model, there is significant expenditure of member resources in the initial and continuing accreditation and qualification program for professional accountants.
Sometimes wonder where my law society fees are going, in terms of protecting the public, at the outset, as opposed to through disciplinary proceedings of persons whom I suspect, had they chosen professional accounting, would often not have been qualified in the first place. The issue relates more to the degree of practice disgrace, through weak qualification procedures. “Such richness“, as the law deans are inclined to describe these law degrees.
The issue raised by Douglas Elliott relates to the proposed law school at Trinity Western University and the related acceptance by the law deans, then to be followed law societies, some of whom then changed their minds. Supreme Court of Canada review anticipated.
And they become accredited. Nobody jumping all over the educational background of Steve Krause.