may also need to complete additional accreditation courses in the province, or elsewhere in
Canada, in order to ensure a specific educational standard is met and to obtain the professional
license. This latter requirement also applies regardless of whether the individual who was
internationally trained or educated is a Canadian citizen, permanent resident or foreign
national.257
In Andrews v. Law Society of British Columbia, the Supreme Court of Canada stated that “a rule
which bars an entire class of persons from certain forms of employment solely on the ground that
they are not Canadian citizens violates the equality rights of that class…it discriminates against them
on the ground of their personal characteristics, i.e., their non-citizen status.”258 In that case, Andrews
was a permanent resident seeking to practice law in British Columbia, but he was prevented from
doing so because British Columbia’s former Barristers and Solicitors Act only allowed Canadian
citizens to join the profession. The Supreme Court’s decision recognized that non-citizens are entitled
to the equality rights protection of s. 15(1) of the Charter and resulted in abandoning the requirement
that a person be a Canadian citizen in order to be licensed and practice a profession in Canada.
Finally, it should be noted that if a foreign national is licensed to practice their profession in a
Canadian province, they still require a valid work permit in order to work in their profession in
Canada.
III.
Assessment
The review of the Canadian legal framework indicates that Canadian citizens, permanent
residents and foreign nationals face the same requirements in order to practice their profession in
Canada. In light of the foregoing, it appears the Canadian legal framework is compatible with
Article 19 of the 1954 Convention.
257
As an example of all of the professions regulated by a province, see the database of information provided for
individuals wishing to immigrate and work in a regulated profession in Ontario. Government of Ontario, “Find
Information on your Profession” (30 January 2015), available at:
http://www.ontarioimmigration.ca/en/working/OI_HOW_WORK_PROF_PROFS.html.
258
Andrews, supra note 47 at p. 151.
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