It’s true that Australians and Canadians often get along because the lifestyles in both countries are remarkably similar. Likewise, the legal systems are almost identical, making it a logical destination for Australian lawyers to consider if they are thinking about moving abroad.

However, the legal market in Canada is currently slow and they are suffering the same oversupply of graduates as Australia, meaning job prospects are slim. Add in the lengthy admission process and strict visa requirements and shifting to the far north can come to seem like a rather difficult, yet also rewarding process.

Slow and steady

Corporate and commercial work has picked up slightly in Canada in recent months as a result of mergers in the oil and gas sector, according to Mitchell Kowalski, lawyer principal consultant at Cross Pollen Advisory in Toronto. Otherwise, however, the general feeling is that significant big law firm growth will not occur in Canada during 2016.

“2016 started very slowly for most large firms in Canada, with most practice areas being relatively flat,” Mr Kowalski says.

Chris Pinnington, Dentons’ chief executive officer in Canada, believes key sectors and drivers of the Canadian economy and, as a corollary, core practice areas in Canadian law, include energy, mining, financial services, public-private partnerships, infrastructure, construction, real estate and technology, media and telecommunications.

“It is notable that these are well aligned with key sectors in Australia and of increasing importance in the global economy,” Mr Pinnington says.

Meanwhile, Louisa Benedicto, regional director of Hays Legal in Canada, highlighted corporate securities, tax and insurance – both plaintiff and defence – as key areas of work in Canada currently.

However, she said, the likelihood that lawyers get to work on large-scale and exciting matters would depend on the practice area and firm they fall into.

“If you work for one of the so-called Seven Sister law firms, then you will have the opportunity to work on large-scale transactions involving large clients that sometimes cross the Canadian border,” Mr Kowalski says.

The Seven Sisters refers to seven Canadian law firms with offices in Toronto that have dominated the Canadian legal market for the last several decades.

These firms are Blake, Cassels & Graydon LLP, Davies Ward Phillips & Vineberg LLP, Goodmans LLP, McCarthy Tétrault LLP, Osler, Hoskin & Harcourt LLP, Stikeman Elliott LLP and Torys LLP.

“However, most law firms in Canada will deal with local Canadian legal matters with mid-sized companies,” Mr Kawolski warns.

Not so simple

At first glance, switching from an Australian jurisdiction to a Canadian jurisdiction looks simple, given both practice common law, bar one Canadian province.

“There are more similarities than differences [when comparing Australia and Canada] given our shared commonwealth heritage,” Mr Pinnington says.

“Both Australia and Canada’s legal systems are based on English common law, except in Quebec where civil law is based on the French Civil Code.

“Queen Elizabeth II is the official head of state in both countries and is represented by a governor general; both countries are parliamentary democracies headed by prime ministers; and our breakdown of federal, provincial and municipal governments is very similar to that in Australia.”

The court system in Canada involves three levels, according to Mr Pinnington.

“The highest court is the Supreme Court, which hears appeals from both federal and provincial courts. Below the Supreme Court are the federal court of appeal and the provincial courts of appeal.”

He adds: “The third tier of courts includes the federal court, the tax court and the provincial/territorial superior courts, which hear the majority of cases.”

However, the process for an Australian lawyer to become qualified to practice in Canada is rather difficult, despite the similarities between both legal systems.

Lawyers trained in Australia have to apply to the National Committee on Accreditation (NCA) to have their law credentials evaluated before they can enter the Lawyer Licensing Process.

“The committee will determine, based on the experience and legal education of the Australian lawyer, what, if any, further studies the lawyer must undertake, what exams need to be passed, and if articling is required,” Mr Kowalski says.

“I have heard anecdotally that this is not a pleasant process.”

Ms Benedicto also emphasised that it is quite a lengthy undertaking for an Australian lawyer to become eligible to practice law in Canada.

“This can be unappealing for someone seeking a short-term opportunity to work abroad,” she says.

Pluses and minuses

Aussies may dream of a desk overlooking the Canadian Rockies and weekends hitting the ski slopes at Whistler, but in reality their options in these regions may be limited.

“While there is work outside the major cities in the country, most opportunities – and best-paying opportunities – are in or around the major cities,” Ms Benedicto says.

She also highlights how quickly jobs get snapped up given the fact that the legal market is saturated all across Canada with candidates.

Mr Kowalski echoes Ms Benedicto’s thoughts about the competitiveness of the current market.

“Unfortunately, with the current glut of Canadian law students and lawyers, I don’t like the chances of Aussie lawyers in Canada,” he says.

“Unless you have a very specific skill set that is directly relevant to Canada – and not otherwise found in Canada – foreign legal experience is not highly valued by Canadian law firms.”

Mr Kowalski adds that while obtaining a visitor visa to Canada is not typically problematic, obtaining a work permit can be.

“In order to work in Canada you will need, among other things, a bona fide offer of employment from a Canadian employer and a valid work permit – neither of which may be easy to obtain given the growing surplus of lawyers in Canada.”

Despite the perceived difficulties in finding work, those who do persist will be rewarded with a much-desired lifestyle, one that may be familiar enough to Australians, but is unique in its own way.

“The Canadian temperament and lifestyle is very similar to that of Australia, which is likely why whenever I travel, Canadians and Australians seem to naturally congregate,” Mr Kowalski says.

“So, Australians should be able to ‘hit the ground running’ in Canada. The main adjustment for Australians moving to Canada is getting used to winter for about six months of the year.”

Mr Kowalski mentions that an added benefit of living in Canada is its close proximity to other areas of the world.

“Canada is much closer to the rest of the western world; from Toronto, Los Angeles is only a five-hour flight, while London is a mere seven hours.”

Mr Pinnington agrees that Canada has plenty to offer for those lawyers lucky enough to find a foothold.

“There isn’t enough page space to name all the perks of living in Canada so I’ll focus on one – Canada is one of the most, if not the most, multicultural and diverse nations in the world,” he said.

“Diversity permeates everything we do – how we think, how we interact with each other and with the world – and this is a major perk.”

He adds: “In business, embracing and promoting diversity and inclusion gives us a broader perspective, fosters innovation and creativity, and leads to greater effectiveness, all of which enhance our ability to provide our people with a vibrant workplace and our clients with the best possible service.”