Ontario Law Society Considers Ending Bar Exam for Skills Courses

The process for becoming a lawyer in Ontario may undergo significant changes as the Law Society of Ontario explores the possibility of eliminating the bar exam. This examination, which has been a requirement for nearly two decades, could be replaced with skills-based courses aimed at improving practical readiness for aspiring litigators.

The Law Society’s considerations align with trends observed in other Canadian provinces, such as Prince Edward Island, Alberta, Manitoba, Saskatchewan, and Nova Scotia. These regions have adopted the Practice Readiness Education Program (PREP), an admissions training initiative developed by the Canadian Centre for Professional Legal Education. Recently, British Columbia also announced that it would gradually phase out its bar exam.

Atrisha Lewis, chair of professional development and competence at the Law Society, stated that a consultation phase is currently underway and will continue until January 2024. “After we receive feedback from various stakeholders, the Law Society will decide on the next steps,” she told CTV News in Toronto. Lewis anticipates a formal decision regarding the bar exam by 2026, although the timeline for implementing any changes remains uncertain.

The current bar exam process requires candidates to pass two substantial tests—one for barristers and another for solicitors. Each exam is open book and consists of multiple-choice questions, with approximately four and a half hours allocated for completion. Lewis pointed out that the previous system included a summer course that combined various subjects and exams, reflecting a more proactive educational approach.

According to Lewis, the primary goal of the Law Society is to ensure that newly qualified lawyers demonstrate entry-level competence. “There’s been some indication that the bar exam may not be meeting those goals,” she noted. Data from 2023 shows that Canadian law graduates have an average pass rate of 88 percent for the barrister exam and 81 percent for the solicitor exam. In contrast, internationally trained graduates have significantly lower pass rates, with only 58 percent passing the barrister exam and 50 percent passing the solicitor exam.

Lewis emphasized that the current bar exam often requires students to create a detailed index of content to look up answers. “The concern about that is it doesn’t actually measure competence if you’re just looking up answers in this kind of way,” she explained. This indexing process is time-consuming, leading many students to work in groups. However, internationally trained students may lack the same support networks, putting them at a disadvantage unrelated to their legal abilities.

“We want to ensure that the assessment tools we use are rigorous yet do not unfairly disadvantage any group,” Lewis said. The discussions surrounding the bar exam’s future reflect a growing emphasis on practical skills in legal education, aiming to better prepare students for the realities of legal practice. As the Law Society of Ontario moves forward with its consultations, the legal community may soon see a shift in how new lawyers are evaluated in their readiness to enter the profession.