The C Ndition of Legal Education in Canada*

The C ndition of Legal Education in Canada*

MAXWELL COHEN t. Montreal

Two or three generations of Bar papers, studies and reports' make it abundantly clear that legal education long ago became a hardy perennial of discussion within the profession.. Yet, examining the volume and quality of 'thinking by lawyers and scholars in Cana- da, the United States and the .United Kingdom, ovér the period of the past seventy-five years,, it is evident that the what and the how of teaching law have had the serious attention of some very good minds., And the fact that the issues reassert themselves at

x The statistical and other data in this paper are compiled substantially from the replies to a questionnaire sent to,all Deans of Canadian law schools and faculties . Without their ready_ and unstinting co-operation the material could not have been assembled; The questionnaires were followed up with a visit by the writer to almost all law schools in Canada in the summer of 1949, thus permitting first-hand observation and many personal interviews with deans, staff members, students, Bar officials, university authorities and others. This personal investigation was made possible by grants from the Canadian Social Science Research Council and McGill University. Although a shorter version of this paper was presented to the Section on Legal Educa- tion and Training at the Annual Meeting of the Canadian Bar Association in August-September 1949, at Banff, Alberta, the paper was prepared prin-' cipally for publication in the Canadian Bar Review, and in the gathering of information the writer has had the frequent help of the Editor, Mr. G. V. V. Nicholls. Maxwell Cohen, B.A., LL.M ; Associate Professor of Law, McGill University; Member of the Quebec and Manitoba Bars . 1 See Reports of the Legal _Education (Commttee) Section, in 3 Proceed- ings of the Canadian Bar Association (1918) 118 (Mr. Justice Russell) ; 4 Proceedings (1919) 150 ; 5 Proceedings (1920) 250 (The standard curriculum, recommendations) ; 6 Proceedings (1921) 241 (Curriculum adoption by provinces, casebook materials, research, staff needs, etc.) ; 7 Proceedings (1922) 259 _(Need of teaching books and raising admission standards) ; 8 Proceed- ings (1923) 376 (Survey of Canadian legal education, condition and needs), and annually thereafter ; the most recent report is in 23 Proceedings (1949) 178. 2 One of the earliest statements is Dicey's in his, Can English Law Be Taught . at the Universities? (1883), Inaugural Lecture, All Souls College. The following Canadian, British and American references are indicative. of the interest of the profession and the variety of the views. MacRae ; Legal Education in Canada, Report of a Canadian Bar Association Committee

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frequent intervals is indicative more of the fluidity of the problems, and the difficulty of final judgments on methods and objectives, than of indecision or immaturity within the profession - academics and practitioners alike. These pressures for frequent re-examination of the character of professional training for the law have many sources. There is the increasing complexity of the legal order with its novel and varied technical demands. There is the problem of how to achieve an appropriate admixture of technical competence with cultural breadth and humane insight. There is the very substantial participation in our constitutional society of the legal profession in the sources of political power, with the resulting public relations of the profession often a paradox of public prestige and public suspi- cion.3 There is the clash between idealized memories of professional training in former generations, or in more ancient centers

(1923), 1 Can. Bar Rev. 671; Stone, Some Phases of American Legal Educa- tion (1923), 1 Can. Bar Rev. 646; Montgomery, Problems of Legal Educa- tion (1934), 12 Can. Bar Rev. 431, 510, 639 ; (1935), 13 Can. Bar Rev . 31 ; Report of the Special Committee of the Law Society of Upper Canada (1935), 13 Can. Bar Rev. 347; Wright, Law and the Law Schools (1938), 16 Can. Bar Rev. 579; Hazel, Law Teaching and Law Practice (1931), 47 L.Q.R. 502; Wright, The Study of Law (1938), 54 L.Q.R. 185 ; Internship for Lawyers (1946), 30 Jour. of Am. Jud . Soc. 59 ; Review of Legal Educa- tion during the War (Symposium) (1947), 1 Jour . Soc. Teach. Pub. Law (New Series) 23; Simpson, The Function of the University Law School (1936), 49 Harv. L. Rev. 1068 ; Simpson, Trend of the Law in its Impact on Legal Education (1944), 57 Harv. L. Rev. 558 ; Llewelyn, On What is Wrong with Legal Education (1935), 35 Col. L. Rev . 651 ; Frank, A Plea for Lawyer Schools (1947), 56 Yale L. J. 1303 ; Frank, Why Not a Clinical Lawyer School (1933), 81 U. of Pa. L. Rev. 907; Hentig, Clinical Method in Teaching Criminal Law (1934), 24 Jour. of Cr . Law 1081 ; Henderson, Wherein Do Law Schools Fail to Prepare a Student for Practice (1941), 9 Am. L. Sch. Rev. 1178; Shaw, Legal Education and Legal Clinics (1937), 53 Scot. L. Rev. 74, 111. See also many articles in the newly founded Journal of Legal Education, in particular : Caldwell, The Law School of the Future (1949), 1 Jour. Legal Ed. 388 ; Cavers, "Skills" and Understanding (1949), 1 Jour. Legal Ed. 395; Prosser, Lighthouse No Good (1949), 1 Jour. Legal Ed. 257 ; Hornstein, A Lawyer Looks at the Law Schools (1949), 1 Jour. Legal Ed. 516. See also the following monographs surveying the United States experience from special points of view : Brown, Lawyers, Law Schools and the Public Service (1948) ; Brown, Lawyers and the Promotion of Justice (1938). For the classical analysis of the orthodox case method see Redlich, The Common Law and the Case Method in American University Law Schools (1914) . An older survey of law schools in Canada and the United States is contained in Reed, Present Day Law Schools in Canada and the United States (1928) . For a comparative approach to medicine, engineering and law see, Education for Professional Responsibility (A Symposium) (1948). For a summary of continental legal education see Schweinburg, Law Train- ing in Continental Europe (1945) . The most recent Canadian views are set forth in several papers in (1950), 28 Can. Bar Rev. 117-196. s Brown, Lawyers, Law Schools and the Public Service (1948), passim ; Llewelyn and Fuller in, Education for Professional Responsibility (1948), at pp. 101-113 and 14-35 respectively.

1950] Condition of Legal Education 269

such as the United Kingdom, and the realities of present-day urban and rural practice in North America.4 There is the changing r6le of pure litigation and the growth of small and large-scale corporate organisation with their effects on practice. There is the admission to professional life of many new classes of people through the growing mass movement from high schools to the universities. All these have led to a continuing professional concern with real as well as imagined gaps in the training with which young lawyers, have seemed to 'begin their professional lives and the not-so-young lawyers' to carry forward their rate of professional advance. . Heretofore, too large a number of studies and reports on legal education in Canada have been subjective, almost intuitive statements, with a minimum of .objective; quantitative data about the teaching of law and the profession as a whole. Indeed, if one examines the reports. of the Section on Legal Education and Training of the Canadian Bar Association and other bodies, as these have appeared in the Canadian Bar Review and the Pro- ceedings since 1923, only in a few cases is there a real attempt to survey quantitatively and qualitatively the teaching of law in Canada, and the most detailed study was made over twenty- five years ago, in 1923; by D. A_ . MacRae, then Dean of the Dal- housie Law School.b When one considers the fact that there have been law schools, law teachers and law students operating on an organized, academic basis in Canada at least since 1848,6 the time perhaps is appropriate again for examining the "facts" of legal education and its relation to the practice of law in Canada in the hope of contributing to the understanding and, further development of both school and practitioner .

II. Some Physical Factors in Legal Education in Canada t the turn of the century -1900 - there were about 440 law students in the various academic and professional schools operating in all Canada. The number rose to 1,309 in 1919-1920 with the post-war bulge in enrolment, and became stabilized in 1924 at About 911. By 1932 there were ten law schoôls and the enrolment stood at 931.7 These numbers remained at this order throughout 4 See Comments of Reed, Present Day Law Schools in Canada and the United States (1928), at pp. 26-28. e MacRae, Legal Education in Canada (1923), 1 Can. Bar Rev. 671 . s The Centennary of the Faculty of Law of McGill University was cele- brated in 1948 . 7 Report of Committee on Legal Education, Canadian Bar Association (1933), 18 Proceedings 219 ; 11 Can. Bar Rev. 475.

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the thirties, for example at 936 in 1938-39; and then with the World War II veterans returning the figures for the eleven law schools bounded in 1947-48 up to 2,434 and in 1948-49 to 2,506. 8 The number graduating in recent years also is suggestive. In 1938-39 the figure stood at 255; in 1947-48 it was 527 and in 1948-49 it reached 693.9 Admitting that the disappearance of the veterans group will reduce enrolment and graduates after 1950, it is not likely, however, that the proportions in law will drop more than the estimated decline for all faculties. Here, it is expected by some university registrars that the decline from the enrolment peak of 1948-49 may level off and stabilize at about seventy to seventy-five per cent of the peak figure. This would mean an annual enrolment (at 70%) of possibly 1,800 law students with approximately 490 graduating annually, which would leave enrolment and graduation in law almost twice that of the pre-war period. These larger numbers of graduating law students should be viewed from several points of view. They reflect in part the increase in population generally in Canada, the rise in national income and therefore in the intensity of economic enterprise, the growth in the numbers of families with incomes able to support a law student at school and, generally, these statistics should be related to the wider social conditions which seem to be stabilizing future university enrolment totals in Canada at a very much higher figure than pre-1939. Reflecting on the significance of these statistics, the Bar would be in error if it took too pessimistic a view of the supply of lawyers as -compared with the demand. It would be necessary to know much more before any sound judgment would be possible. For example, the effect of this rise in numbers could only be properly understood if the pattern for law-graduate employment were fully explored, particularly in relation to the public service and to large scale corporate enterprise . 10 Moreover, the supply and demand of lawyers should be related to the services that the profession could be performing and is not doing, such as in the rural areas and for welfare agencies. Competent legal service in the less populous regions and for low income groups is a necessary professional and social objective. In the problem of rural services

8 See Table 1, Law Students Enrolled ,by Schools and Faculties. 9 See Table 2, Law Students Graduated in Law Schools and Faculties. 10 For placement practices in law schools see Table 17. For lawyers and the public service generally see Brown, Lawyers, Law Schools and the Public Service (1948) 17-22.

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there are questions of decentralization in the administration of justice and the availability of good regional libraries as well as other matters to be studied before any proper estimate could be made as to whether the size of the present enrolment points to future professional congestion. There are no scientific standards yet to give us the necessary ratio of lawyers to population, as the medical profession and the public health services seem to have worked out for physicians and dentists." Although the numbers of law students and graduates are now substantially above the average in the period 1925-1939; and the extensive employability of law graduates in the Canadian public service and in corporate enterprise is a recognized fact - albeit requiring statistical study for an accurate view12 -the physical facilities of Canada's eleven law schools do not in themselves suggest that the training of law students is of major concern to government, to business and to the community . as a whole. In not one law school in Canada are there to be found modern, per- manent buildings to house classrooms, libraries, common rooms and staff quarters with anything approaching the type of acçomo- dation that frequently is available in many of the- other professional schools and often even in the faculties of arts and science." A questionnaire sought the opinions of deans on facilities and was followed . up by a visit to almost every school or faculty. The findings may be put shortly as follows: with the possible exception of McGill, Manitoba, University of British Columbia and perhaps Osgoode Hall, even the minimum "integrated requirements of library and classrooms were not provided for and the- faculty of law usually had to share, barely adequate classrooms or library space with other crowded branches of the university.14 There is no wish to over-emphasize here the need for physical equipment, but its absence almost uniformly throughout Canada cannot be considered as a local accident. It suggests that in university capital expenditures over the last generation not much priority was accorded to law.15 And while it is understandable

11 See, for example, in the case of physicians, Willard, Has . Canada Enough Doctors? (1947), 11 Public Affairs 26. 12 The Survey of the Legal Profession in Canada doubtless will produce recent statistics on this subject. 13 See Table 10, Buildings and Physical Facilities 1948-49 . 14 McGill has recently (Jan. 1950) acquired a fine old mansion which lends itself to the needs of a Law Faculty; but many problems - classroom space, ventilation, etc . -which a modern building would, not present, remain to be solved. 15 The absence of a uniform policy among universities of publishing financial reports has made it impossible to set out comparative statistics of capital expenditure by faculties .

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that medicine and perhaps the natural and physical sciences should have a more dramatic appeal to legislators and private donors, it is remarkable that law should consistently attract so little. This is particularly interesting when one remembers that lawyers have shared extensively in the administration of universities as presidents and members of Boards of Governors, to say nothing of their numbers in the legislatures of all the provinces. Similarly with law libraries. The University of Toronto and McGill lead with twenty-five to thirty thousand "active" volumes, but the other law schools range between seven and sixteen thousand, with one as low as one thousand.1s When it is remembered how dependent on good libraries is the study of law-for the library is the student's laboratory cum library-there is a modesty about library facilities and budgets that parallels some- what the inadequate level of buildings and classrooms. Neverthe- less, the library position is superior to the general buildings situation and many of the law schools have the makings of good, small working libraries - although nearly all are deficient in materials for serious research on the graduate level, particularly in fields such as legal history, comparative private and public law, and so on. It is no secret that for serious research into early Canadian statutes and case law, the Harvard Law School library offers a better col- lection than can be found in Canada, not excluding the Supreme Court at Ottawa, Osgoode Hall or the Library of Parliament. This limited allocation of resources to law is again evident in the approach to teaching rewards. To the extent that the questionnaire was answered, it would appear that the range of "full- time" 17 salaries is as follows: Lecturers, $2,000 to $3,000; Assistant Professors, $2,400 to $3,800 ; Associate Professors, $3,200 to $5,500 ; Full Professors, $4,000 to $6,500, and in a few individual cases above $6,500.18 It will be evident that such financial rewards alone will not attract superior and energetic men to the teaching of law in Canada. Nor are the teaching loads so light that substantial leisure for research and writing is a further form of compensation . The number of full-time teachers per school or faculty ranges from seven in Toronto - which has yet to become a profession- ally fully recognized school of law in Ontario - to one at New Brunswick, with the average closer to three or four men a

18 See Table 11, Law Faculty and School Libraries 1948-49 . 17 "Full-time" was defined in the questionnaire as covering "[teaching] staff of the University who are regarded as full-time employees of the Uni- versity or law school and whose principal source of income is derived from such employment" is See Table 9, Official Salary Scale By Grades 1948-49 .

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school.19 Under such conditions of small staffs, compared with ten to fifteen full-time men - which would be the average at an Amer- ican law school having between 175 and 300 - students - there cannot be the opportunities for specialization so necessary for .a high level of competence and scholarship . The teaching load ranges from three to four subjects for each full-time man, while the hours of classroom work per week are from six to over ten, with seven to possibly eight the prevailing average." When it is remembered that preparation for a class may require from two to as much as fifteen hours, depending upon the course and the instructor's expertise, the total teaching and preparation load may be close to thirty or thirty-five hours a week. To all of this must be added the minor administrative burdens which each faculty member is often required. to assume; while outside obligations in the field of general adult education through speeches, round tables and the like- are also part of the general drain on the teacher's time. Under these conditions there is too often little leisure left for research and creative writing as well as. the development of high competence in one or two fields. Indeed the American Association of Lava Schools has set as a desirable standard two courses per'term and a six hour per week teaching load, with seven or eight as the absolute maximum.2 1 By these tests the Canadian full-time law teacher frequently has a comparatively heavy burden. It should perhaps be mentioned here that for some of the full- time men there are occasional opportunities for outside sources of income by way of counsel work, labour arbitrations, opinions and writing-. Most of the law schools place no formal restrictions on outside activities, although at one school the full-time staff is forbidden to practise except for casual advisory opinions, and in another two faculties the effect of the local tradition, without formal prohibition, is much the same. 22 But whether permission were granted or opportunities. presented themselves, the experience of most professional teachers suggests that, apart from occasional excursions into opinions; arbitrations and the like, there is no compromise between general practice and teaching - both are full-time jobs. The academic member of the profession needs all his energies -for his courses, his research and preparation, while the demands of clients will not wait upon leisurely opportunities to service them. Outside fees, then, are hit and miss in their, fre- 1' See Table 4, Stag Members 1948-49. 10 See Table 5, Teaching Loads Per Full-time Man 1948-49. 21 See Handbooks of the Association of American Law Schools,-passim. 11 See Table 6,,Full-time Staff Engaged in Private Practice 1948-49.

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quency and volume, and few law teachers could afford to depend on them for any significant part of their budgets. Nor should they have to do so. The teacher's mind must be devoted to the problems of students, of teaching, of research, of scholarship, and, although contacts with the public and Bar are to be encouraged, his primary obligations are elsewhere. A salary range that for a mature and skilfull scholar and teacher does not get much above $5,500, except for special cases, is not likely to attract the best quality or induce the highest morale. A middle-rank federal civil servant, with all the benefits of a substantial pension programme, receives equal or better treatment, while executives in organizations of any size would regard such a pay scale as suitable only for a junior official. All this means that the resources of the universities and the profession, or, to put it more broadly, the resources of the community as a whole, do not seem to have been allocated in any major way to the education and .training of the law student. And this is true despite the fact that the community receives very considerable benefits from that training in terms of the practising lawyers, legislators, judges and the many civil servants and business executives who are the products of legal education. But for a sound perspective there is needed a detailed comparison of university faculty budgets - libraries, buildings, salaries, etc.- in order to determine comparatively how the law faculties are treated, whatever the individualposition of each may be.2a It would be surprising if such a study did not reveal that on a comparative basis legal education ran poorly in the competition for necessary funds. Perhaps the Survey of the Legal Profession in Canada, now under way, will be able to report the full story.

III. The Control of Legal Education by the Bar and the University Since the question of Bar or University control of legal education seems to reflect itself in patterns of teaching methods, curricula, practical training and other important issues, it is necessary to deal briefly with the present situation in Canada. The whole trend of legal education in the past fifty years in Canada and the United States has been away from direct management and instruction by the practising Bar to control by and teaching within he universities . Members of the legal profession are employed by the universities as full-time teachers in faculties 23 Supra footnote 15.

1950] Condition of Legal Education 275

of law that have all the academic standards and university organi= zation imposed on other professional 9chools.24 In a few cases the Bar in Canada has retained full or partial control by direct or in- direct management of the schools of instruction, by compulsory curricula or by special examinations set by the Bar in addition to the examination requirements of the university.25 That such. university direction and academic methods have led to "better" legal education is no longer a question at least for law teachers, as well as for large sections of the United States Bar and certain numbers of the Canadian, but of course from the "official" Bar view the question continues to remain the jugular one to be answered in any serious examination of legal education in Canada. Only "in one province does the Bar continue to operate a law school of its own completely outside of university association - in Ontario, at Osgoode Hall. In New Brunswick the law school is nominally a Faculty of the University of New Brunswick, but in fact the school is effectively controlled in its operations, courses and standards by the Barristers' Society .and those members of the profession who, comprise the faculty - all of whom are practising lawyers or members of the judiciary in Saint John. In Manitoba the Law School is a faculty of the University of Manitoba with control, both academic and_ administrative, formally vested inaBoard of Trustees comprising University and Law Society representatives. For all practical purposes, .however,. the Law Society members of the Board control the Law School. The actual participation in administration or academic policy by the University authorities seems to be relatively slight. In Prince Edward Island no organized programme of lectures is in operation, but for those applicants for admission without an LL.B. degree, or without having graduated from a recognized law school elsewhere in Canada, examinations are set - First, Second and Third sets - and taken after various periods of service under articles varying from four to five years." In Newfoundland no lectures or courses in law are given by the Bar or Memorial Uni- versity, but for students without a recognized law degree, and who are locally articled, the Bar sets examinations after periods

24 Reed, Present Day Law Schools in Canada And the United States (1928) 54 et seq . 25 See Table 12, Formal Control of Legal Education by University or Bar 1948-49 . The word "Bar" is employed in this paper and in this table, where- ever necessary, to refer to the relevant governing body of the profession in the given province . 26Ibid. All the information referred to in the matter of Bar control is summarized in Table 12.

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of clerkship varying from three to five years, depending upon their academic status when entering on articles. In all the other provinces of Canada legal education has become a matter fully within the control of universities, although various degrees of formal or informal co-operation with the local governing body of the profession may take place. In Quebec, however, the Bar Council by statute and regulation has set out the entire curriculum to be followed, but in practice there is some flexibility as to the manner in which these directions are applied by the universities. In addition the Quebec Bar holds extensive oral and written examinations for admission of law faculty graduates and through this device it attempts to establish some uniformity for its standards_ despite the individual and distinctive application of the curriculum by the three faculties. In Nova Scotia the Barristers' Society does not set examinations except for those seeking admission without having attended and graduated from a recognized law school, but for all Dalhousie law examinations there is appointed a co-examiner from the Society. This appears to be a more formal than real measure of control. A similar system operates in British Columbia so that the Univer- sity Law School examinations become those of the Law Society. In Alberta and Saskatchewan the law schools are fully under the control of the University but at the end of the year of articles required for admission after graduation, the Law Society in both cases sets certain practice tests covering forms, procedure and other matters.27 It is clear, therefore, that for the most part legal education in Canada for purposes of admission to practice is now largely operated by the universities and that Ontario is a conspicuous excep tion, with Manitoba and New Brunswick only in a formal sense university faculties. What is significant, however, about the pattern outlined is the r61e of full-time legal studies and teaching in relation to university or governing body control. For wherever the Bar retains direct operation of legal education, as at Osgoode Hall and for all practical purposes at Manitoba and New Brunswick also, the part-time articles with lecture system is in effect, with its special consequences to the status of the full-time teacher, and the peda- gogical techniques employed. At Manitoba, where there are three "full-time" teachers, and at New Brunswick, where there is one,

27 In Saskatchewan the "practice" examinations after the year of articles are set in fact by the law faculty, but they are supervised formally by a joint Bar-Faculty Examining Board.

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not all these staff members really devote their full-time to the faculty.28 Moreover; the influence of the professional teacher on law school policy, courses and techniques would seem to be less impressive here than that of representatives of the Bar. or Bench on the governing body of the schools. To this extent the governing body maintains direct control despite the,presence of full- time professional teachers. Indeed, the recent controversy at ®sgoode Hall disclosed the fact that despite the predominance of full-time teachers in the work of the school the Benchers were determined to retain academic as well as administrative control of legal education. The employment of full-time teachers, therefore, has not meant that the governing body of the profession at ®s- goode, Manitoba and NewBrunswick was relinquishing academic control and it has resulted, at these three schools, in the-continua- tion of the "part-time" system of -law training with lectures given concurrently with service under articles in offices - albeit modified recently at ®sgoode Hall to the extent that the first two of the four years are now full "lecture" years with attendance at offices required for the last two. At this stage, no comment need be made on the success or failure of. the "part-time" system. Here it is intended only to point to the fact that direct control by the profession, whether full-time teachers have been employed or not, has meant the eon- tinuance of the lecture with articles system; and, - corresponding- ly, wherever legal education has been put into the hands of pro- fëssional educators - the universities - the part-time system has been abolished and full-time attendance upon classes, as in all other professional faculties, has been established. The "practical" training in these latter' schools and faculties has come after graduation or between school terms. One further observation, may be made here. If the- eleven Canadian law schools are examined to determine the character of the relations between law teachers and the. professional gov erning body as members of the same profession - both having the common aim of maintaining the best traditions of the profession by securing its technical competence and its social role in the community - a rather significant fact emerges. Where there is full-time legal education, with maximum academic autonomy, there is generally to be found a greater understanding by the Bar of the r®le bf the law teacher and, therefore, a degree of co-operation between them for common ends not always to be observed in the schools with part-time systems. It is clear that at ®sgoode 28 See Table 4.

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the leaders of the profession and the law teachers -prior to their resignation in 1949 - suffered from deep cleavages of technical opinion with respect to the special r6les of teacher and practitioner in legal education. On the other hand, in Nova Scotia, in Saskatchewan, in Alberta, in British Columbia, the full-time staff and the University enjoy cordial and most co-operative relations with the governing bodies of the profession . In Quebec this is largely true also, but here it should be observed that the Bar through its statutory curriculum maintains a measure of direction over academic policy that does not exist for the other full-time schools in Canada. It may be suggested that these patterns of Bar-law teacher- law school relationships are not altogether accidental . The greater the degree of direct "Bar" control over legal education the less understanding and scope seems to be afforded the teaching members of the profession. The greater the degree of faculty independence the higher would appear to be the level of mutual recognition and co-operation. As the late Chief Justice Stone of the Supreme Court of the United States once remarked; the legal profession needs to be reminded from time to time that it is com- prised of three branches -the Bench, the Bar and the Law Schools.

IV. Admission Requirements Closely related to the issue of governing body control over education are the admission requirements to study law and for call as a barrister or enrolment as a solicitor.29 The standard of a minimum of. two years of arts, or its equivalent, recommended by the Canadian Bar Association in 1922 has almost achieved uniformity.39 For it is demanded by all law schools and faculties, except Osgoode Hall where - as of 1945-49 - the upper school matriculation with an average of at least 60% is the required minimum. In Nova Scotia and Manitoba the rules still provide for a possible special admission to the Bar without attendance at law schools, while in Ontario and Quebec the passing of private bills is not unknown to admit persons who have not qualified in the usual manner. In all other provinces with law faculties and schools, the rules and the practice appear to require enrolment and attendance at classes. Only in Quebec is a B. A. from a Canadian or British univer- 29 See Table 12 for a summary of requirements for admission to study law, by provinces, 1948-49 . 30 Supra, footnote 1, 7 Proceedings (1922) 259.

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sity compulsory and here the requirements do not.include a B . Sc. or a B. Comm. or any other undergraduate degrees. But the Council of the Bar has occasionally accepted upon special'petition a B.A. from recognized colleges in the United States, as well as other undergraduate degrees. There is no uniformity in the approach of the various Canadian schools and faculties, as well as of the Bar, to latin or philosophy as a prerequisite. Indeed, only two or three of the provinces seem to require it, and apart from these the content of pre-legal education generally remains undefined .,, The effect of these rules as to study and for eventual admission to practice. is to ensure today that a second year of arts standing is now generally required except at ®sgoode Hall where senior matriculation with 60% is she minimum; but even here one finds large numbers of students with an undergraduate degree or at least two or three years of university background. The fact still remains, however, that law faculties in Canada are easier to enter than any other professional school, both because of the' general level of pre-law requirements' and the absence of any organized approach to the screening of applicants.3z In no Canadian law school are . students screened in a formal way to determine their fitness for legal studies. It is simply assumed that when they have met the formal pre-legal requirements they are admissible. Although in some faculties the dean and his staff interview candidates and discuss- their problems -and doubtless on occasion advise students not to enter law for reasons of apparent unfit- . ness - it is not likely that these casual sessions appreciably affect the number of enrolments. In the result the law faculties and schools of Canada have many first-year students who, as their first year results soon disclose, should never have been admitted to study law. Their presence frequently has retarding influences on the functioning of the whole class and therefore on the standards of the school. It needs no argument to establish the principle that despite the availability of facilities the professions and the universities owe it to themselves and the public to have some kind of screening approach to applicants. Soine"thirty American law schools 'now follow a uniform programme of aptitude examinations for-all ap=- plicants and -the results should . be' studied for the lessons that Canadian law schools might learn.33

31 For a recent Canadian comment on prelegal education see Cronkite, Pre-Legal Education (1950), 28 Can. Bar Rev. 129. 31 See Table "17, Screening of Applicants and Student Placement Services 1948-49 . 33 See, Law School Admission Test, 1948-49, (Educational Testing Ser-

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But even scientific screening -with its admitted achieve- ments and limitations - will not assure law faculties that their students are persons of ability and training fit for the study and practice of the law. For legal education today must take the products of North American secondary education and the universities as it finds them. If there is less literacy, less rigorous mental training, less articulateness than one would like to see in law students the place to look for the source of the difficulty is in the secondary education and college standards of North America. Indeed, the not infrequent tendency to compare Canadian students with the young men going to the English Bar - to suggest that English legal education, with its reading in chambers and its dinners at the Inns of Court, must therefore be a superior form of training - indicates that these critics have not truly thought through the comparison. The young Englishman in chambers is most often the product of so different an educational system as to render comparison inappropriate. It is more than likely that he has attended a good public school with its rigorous standards and individualized instruction and from there has gone up to Oxford or Cambridge where his education has been furthered in the most expensive and effective form yet devised, namely, the tutorial method. By the time he comes to London, to the chambers of a successful barrister or to a busy solicitor's office, he has had years of tough-minded, sophisticated, literate training. He comes to law with a foundation upon which to build his life as an educated man. He approaches law, therefore, with some maturity of intellectual development - from accurate grammar, to famil- iarity with ideas, from the lesser intellectual disciplines to some of the greater ones. In Canada and in the United States - although the Canadian problem may be less severe than in the United States - the law schools must take the products of the high schools and under graduate training as they find them. The range of talent, competence and discipline is extremely wide and the law schools, therefore, are compelled often by indirection to do the kind of job that ought to have been done in arts or before matriculation. In- tellectual self-reliance and discipline, grammar and logical thinking, the use of language written and oral, these are tasks for which too often the Bar asks the law school to be responsible, when such work should have been part of the student's condition- ing in the years before. It makes the problem of a comparison with

vice, Princeton, N.J.) . See also Reese, The Standard Law School Admission Test (1948), 1 Jour. Legal Ed. 124.

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the British experience very difficult and, of course, makes non- sense out of any attempt to parallel the system of "part-time" English legal education in chambers with its "part-time" Canadian counterpart. If the Bar and the Universities wish to be certain of an educated and competent profession, the place where the start must be made is in the pre-legal requirements . And having in mind the loose quality in much of our secondary education, perhaps not less than an undergraduate degree or its equivalent ought to be required for admission to study. ®r to practise. Here, too, the law schools and the Bar should consider afresh the kind of courses that ought to have been part of every law student's background. The social sciences and the humanities, of course, stand in the forefront of possible preparatory courses. But the whole field of pre-legal education and screening techniques is in need of examination. Without sound policies here, the burden on the law schools is very heavy, particularly in the first year and the better part of the .second. The findings of the Survey of the Legal Pro- fessiôn in this aspect of the problem will be most eagerly awaited by law teachers in every Canadian law schoo1.34

V. Curriculum Content and Teaching Techniques What shall be taught and how it shall be done remain among the central problems of legal education, with no full.agreement among law teachers themselves, to say nothing of agreement among practising lawyers who think about such matters.35 The character of the present day curriculum can be understood only when seen in the context of the contemporary social and legal order as well as tendencies .in the organization of the legal profession and the practice of law. For the law school in Canada and the United States today has a much more complex and varied mass of material to master and to pass on than had the lawyers and students of three or four generations ago. They could read their law in offices and, after dipping into Blackstone or Kent - in Quebec and under the Civil Code, Pothier and Flaniol -and a few of the 34 yet many a sound lawyer and judge in recent generations may never have had legal education, by modern standards . Justice Robert Jackson of the United States Supreme Court "confessed" to the Canadian Bar Associa- tion, Legal Education Section, at the Banff. Meeting 'in 1949 that he was probably the last appointee to that Court without a law school degree. For interesting references to legal education and a comparison of English and U.S . experience, see the many exchanges between Holmes and Pollock in the Holmes-Pollock Letters, passim . as For the variety of views among teachers, judges and practitioners, see the articles referred to supra footnote 2, particularly those by Wright, Simpson, Frank, Prosser, Hornstein.

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practice manuals, sit down and. .consider that they were ready for examinations. It is often forgotten that the modern text book is a relatively recent development in English law, not extending back farther than the third quarter of the nineteenth century when Pollock on Contracts made its historic appearance.ss The mass of reported cases in the British countries and the United States37 - with "stare decisis" compelling a continuous watchful- ness of the main reports - when combined with the enormous increase by the end of the nineteenth century of statute law and administrative regulation, all added hugely to the materials to be examined, assessed and applied by students, scholars and practising lawyers. Inevitably this volume of late nineteenth and early twentieth century legal materials, and the continuing changes in their emphasis, led to the need for more rigorous and versatile classification and analysis. Varieties of text books for practitioners began to be written on Contracts, Torts, Conflicts, Equity, Consti- tutional Law, Agency, Partnership, Bills and Notes, and many others, and the developing law school courses formed into patterns that followed these now classic titles in the law. Hence, by the turn of the century the courses in most American and Canadian law schools came to have certain established characteristics. Thus the great, fundamental fields of Contracts, Torts, Property and Crimes in the common-law schools - with Obligations, Persons and Pro- perty holding very much the same position in Quebec and Louis- iana - became the core of the student's introduction to legal ideas, rules and language, and to this day they retain their central rôle. It was here that the nature of legal "rights", "duties", the interests that received the protection and support of law, the areas of voluntary and invountary obligation could most readily be explored. Gradually there emerged the three-year course as a fixed form aimed at covering the main fields of substantive and adjectival private law. By 1930, however, in both the United States and Canada the almost exclusive concern with private law began to yield to the teaching needs of the legal order as it had come to be - namely, an order where a very large part of the legal relations requiring the attention of lawyers and scholars had to do 36 Addison on Contracts appeared in 1847 and Pollock on Contracts in 1875, but there can be no doubt that Pollock's form and approach set the tone and character of text-book writing in English law for years thereafter. Anson on Contracts, with German influences apparent in its analysis, appeared in 1879 and Pollock on Torts first was published in 1886. For a suc- cinct statement of the development see, Fifoot, English Law and Its Back- ground (1932) 184-6. 17 There were an estimated 2,000,000 reported cases in the United States by 1940 : Paton, A Text-Book of Jurisprudence (1946) 162, n. 4.

2831959] , Condition of Legal Education .

with the citizen and government in its many guises of ministers, boards and commissions ;38 the citizen and corporations; the citizen and the trade union; the citizen and many other forms of collec- tive, social and legal activity. Moreover, the fusion in North America of the two branches of the profession into one had long rendered necessary a variety of skills with which the traditional barrister approach to legal education had not been essentially concerned. This became particularly true as the practice of law in the past thirty years for many lawyers began to shift markedly away from the courts to more complex forms of solicitor-practice, with particular emphasis on the corporation, government agencies and trade unions. Law school curricula, then, had to reflect these changes, albeit- a time lag was inevitable. Clearly there were two questions always present - and these questions were con- tinuously ascerbated by the pressure of the changing needs of the profession - namely, what to put in, and what to leave out of the curriculum? An examination of the curricula of the eleven Canadian law schools and of teaching methods suggests that more or less fixed patterns now have emerged in response to the problem of What and How. The hard core of private law teaching in its classical forms of Contracts, Torts, Property (Obligations, Persons, and Property in Quebec) and Criminal Law remains more or less as the integral part of the first year of law in Canadian schools. But almost all curricula in the second and later years suggest the difficulties of deciding what should go in or out. There are a number of elements that have operated to govern the choices:- (a) There is a limit to the student and teacher lecture load, and thus -a limit to the number of courses that can and should be given in any one year. Indeed the lecture loads among the various schools and faculties range from ten .hours to twenty-two in the first year and .twelve to twenty-two in the second and third years." But in the common-law schools the load never ex-, ceeds eighteen and the average is closer to fourteen. It is estimated that effective teaching will require two to four hours of the student's time in the library , or at study for every hour of class work. This means that at least thirty to forty hours of study must be added to the actual lecture time to calculate the effec- 33 For an early United States recognition of this new area of professional interest see Freund, The Growth of American Administrative Law (1923) . Of course, Dicey was by no means unaware of "administrative law" in England as early as 1914. See Dicey, Law and Opinion in England (1914) xliii. 39 See Table 16, Length of School Term and Lecture Load of Students by Years 1948-49 .

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tive student load. The conscientious student, therefore, will find himself working from forty-five to sixty hours in the week - in- cluding his classes - to go over the ground thoroughly. These considerations place limits on the increase of class-room hours or the addition of new courses. (b) Teaching methods will, in part, determine how much ground can be covered. Thus, the detailed examination of cases and statutes that is an essential element in the "case-method" leads to less area covered than does the lecture system, which minimizes classroom discussion and does not require pre-class preparation. (c) The availability of staff and teaching tools would influence the selection of new courses in public law or variations in, and the integration and modernizing of, the older private law subjects. (d) The availability options, for second and third year work, in a few courses would tend to make the curriculum more gen- erous and flexible, provided that the compulsory courses have covered enough of the basic fields. But the option method has not yet been fully adopted by any law school in Canada .4o A study of the various curricula suggests that major changes are now taking place in their emphasis - in the ascendancy of Constitutional Law, Administrative Law, Legislation, Public In- national Law, in the private law and the quasi-public law of corporations and trade unions. Most of the law schools in Canada now give courses in Constitutional Law, Administrative Law, and Labour Law. Three give courses on Legislation ; six give courses in Public International Law - that course being required by the Quebec Bar regulations .41 This increased emphasis on public law may not be entirely supported by general competence in its teaching. Although there . are several first-class teachers of public law in Canada, they are heavily concentrated in a few schools. Indeed, it is interesting to find that some of the most significant teaching and writing in Canadian law schools has been done in recent years in the field of Administrative Law, Labour Law and Constitutional Law but here the expertise has been confined to a few.42 Public Interna- tional Law, a great and traditional subject, familiar to an older period of legal education, seems not to be receiving the scholarly 40 Alberta seems to have something approaching an option in third year and certain option arrangements were provided at Toronto in the B .A., LL.B. (Combined) Course . 41 See Table 14, Development of New Courses and Course Content 1948-49. 42 See Table 13, Research and Publications by Law School Staff Members and Students 1949 . In private law there is, of course, the always significant work of Falconbridge (Conflicts) and Wright (Torts) .

1950] Condition of Legal Education 285

attention it deserves. There are perhaps no more than two professional teachers of International Law in Canada and the amount of research and writing by Canadians is. negligible. By contrast the field of international politics and economics . has attracted much good writing and scholarship -=- as evidenced, for example, in the growth of the International Journal, published by the Canadian Institute of International Affairs, and the many serious works on international affairs also published by the Institute As well as by other-bodies. Meanwhile other courses midway between private and public law are affecting the emphasis within the private- law fields. The increasing rôle of the corporation in modern society, the shift of business firms -.even small ones - away from the partnership and individual enterprise - to company structure, the rôle of government in .its relation to all forms of business through taxation, through economic controls, through contractural relations as ~a great. buyer and seller -of primary and other products, -all of this has changed the character of law office work in most communities of reasonable size. These changes must affect the curriculum and have been doing so even in traditional fiélds. For example, the old course of Agency and Partnership no longer seems to have the relevance . that once it had. Nor does Bills. and Notes seem worth the hours often spent on it except as an exercise in minute legal analysis and as a sharp view of business habits interweaving with the law. These materials need and are receiving integration and modernizing in courses, for example, on Commercial Law, where both a, general and particular analysis- of commercial law problems can be made at the second year level; leaving more serious ,work in companies, insurance, taxation and government control of business for the final year. There is, however, another matter that must be considered in any view of the changing curriculum, namely, shall the work of the modern law school be discussed principally in terms of the study of legal "rules", of "courses" in contracts, torts (obligations), taxation, and so on, or shall the education of the student be approached equally with the intention and the hope of expos- ing him to those lawyers' "skills" which ought to be part of the instinctive equipment of the maturing law graduate.43 By "skills" are meant the various techniques for handling the tools in the lawyer's bag, the realistic reading of cases, the understanding of statutes and their creation, the work of the lawyer-in counselling, drafting, . pleading and his handling of facts in all their complex 43 Cavers, "Skills" and Understanding (1949), 1 Jour . Legal Ed . 395 .

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variety. Assuredly every course, if the sights are set properly by the teacher, is a course in "skills" . Indeed, it has been argued that the common law - perhaps less so the civil - is primarily "method", an approach to facts requiring a legal solution. To be concerned about the specific "rules" , of law may be much less important than the lawyer's approach to facts in the infinitely varied situations in which he finds his services called for, whether as draftsman, advocate, judge or counsellor, whether for crimes, property transfers or trust deeds. Without agreeing unreservedly, there is certainly much to support this view. For it insists on the operative, dynamic r61e of the .lawyer facing all manner of circumstances requiring a wide range of skills and where the mere knowledge of "rules of law" is a crude, inadequate tool. Every course, therefore, must be im- plicitly a course in "skills" as well as a review of the substantive rules in a field. And it is the teacher's task to inculcate this lawyer's kind of thinking and doing at the earliest stages of training. And so we reach the How. How shall a man teach law and lawyership? If Roscoe Pound may admit after forty years of teaching that he did not quite know the answer, what shall others say? ¢4 Broadly speaking, good teaching remains good teaching whatever the course and whatever the method. In short, how to teach law and lawyering is never easy to answer when all the subjective, inspirational qualities that make for fine teaching are remembered . Nevertheless, there is already a very considerable body of experience in Canada and the United States to suggest much about the nature of effective methods of teaching law. The problems resolve themselves into methods in the classroom and methods outside. Alternatively, the question_ may be described as methods of effective academic training and of practical instruction. And, inferentially, there is the matter of the r61e of the full- time teacher as compared with the part-time, lecturer-practi- , tioner. All these continue to be live issues of discussion in Canada, in Britain and in the United States, and no attempt will be made here to examine the issues very fully or to dogmatize about them. Rather a brief survey of Canadian practice and opinion will be presented, followed by a few of the writer's own critical comments. Only at Manitoba and New Brunswick -as of 1948-49 - were the majority of the courses carried by part-time teachers whose main occupation is the practice of law or membership in the judiciary.45 At Osgoode Hall, as of the end of the 1948-49 44 Prosser, Lighthouse No Good (1948), 1 Jour. Legal Ed . 257, at pp. 264-5. 45 See Table 4.

1950] Condition of Legal Education 287

term, there were only a few courses given by the part-time staff. The presence of full-time professional teachers in most law schools has been paralleled quite generally by the development of methods moving away from the straight lecture to techniques that invite extensive student participation and preparation in the work of the class.46 These methods compel the study of the law not through the predigested materials of the text book or the lecturer's paraphrase thereof, but rather through the raw materials of the law, namely, the cases and statutes that give rise to "principles" and "rules" in any field. What is known as the "case-method" has greatly influenced Canadian professional teachers and, although the classical technique may not be used fully by all teachers for all courses, 47 there is general agreement among most full-time teachers that the majority of courses should be taught through the original documents, through cases and stat- . utes, scientifically classified, and edited, in case books or course books. This does not mean that good 'teaching is not being .;done by many whose techniques 'are closer ~to the straight lecture method. Rather it suggests'that most Canadian law teachers now agree with their American colleagues that the lecture method demands little intellectual ' effort on the part of the -student, except , perhaps an exercisein memory; that itgives the lazystudent a chance to,remain lazy because his standing is determined by his end- of-the-year marks and here his "canned" notes are too often just enough to get him through his finals ; that it teaches students very little about the hard process of thinking through the meaning of language, or the nature of the judicial and legislative processes as their nature slowly unfolds in the course of a minute and critical exam-. ination of cases and statutes ; and, finally; that if the lawyer is to be an effective dialectitian for purposes of his practice the place to encourage his training is the law classroom, where he may be held responsible from his first days for a critical reading and discussion of the original materials of the law. There seems to be little difference of opinion today among law teachers that the learning of "law" jointly with certain "skills" is a process that can be accomplished perhaps only when student participation can be assured through compelling him to read and rigorously discuss with the teacher the sources and the language of "rules" and "principles" in the context of given fact situations. The problem in Canada is complicated, however, by the fact 46 See Table 15, Teaching Methods and Tools 1948-49. 47 For the standard survey of the orthodox case method in its classical period see Redlich, The Common Law and the Case Method in American University Law Schools (1914).

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that the tools for such instruction are not adequate. Case books and course books are to be found in a number of fields, but neither in such numbers and fullness of annotation as to provide the kind of instruments so readily available to the American teacher. Here, Osgoode, Dalhousie and British Columbia - and now Toronto - have made effective contributions.4$ But much more remains to be done. Since many of the same courses are taught both in the common law schools and in Quebec, it should not be difficult to create a sound commercial market for good student texts and case books. What is lacking, of course, is the time for teachers to put their energies into book production, the promise that publishers will print the results, and the certainty of a case-book learning tradition to ensure that students buy them. What will be needed, therefore, is agreement among teachers and schools to allocate the production of such books among their membership with the assurance that they will be used in all or most of the courses concerned. Both teachers and publishers may find some incentive to produce under such conditions - although the teacher's opportunity will depend on the extent of his teaching and administrative load. The problems raised by the "case-method" have been aired on many occasions, but it is worth, perhaps, remembering again that it stresses depth rather than area . It is legal method and lawyership that often are the superlative by-products of such teaching. But there can be no denying that it is costly in time and that not the same ground can be covered as compared with less polemical teaching. Yet, with the curriculum making increasing demands, time is precious and the question necessarily is raised whether such a detailed method is valuable for all courses ând for all years. Here many Canadian law teachers would agree with Chief Justice Vanderbilt of New Jersey 49 in recognizing the need of this method, with its time-consuming detail, in the first year and perhaps part of the second, but also recognizing that for the latter part of the second, and for the third year the analytical techniques aimed at in the "case-method" can be assumed to be on their way toward becoming a general habit of the student's mind. Thus more ground can be covered by the teacher without much likely loss in methodological training. Yet many teachers would argue that one course done thoroughly, with all the deep digging required by the case-method is, for intellectual develop- as A survey of Canadian case books or course books existing or in preparation is doubtless to be undertaken by the Survey of the Legal Profession in Canada . Vanderbilt, Men and Measures in the Law (1949) 64-65.

1950] Condition of Legal Education 289 ment and lawyership - "skills"- worth two or three skipping across large surfaces. But the case-book method may have little to offer in some subjects where dialectics are not too relevant and the materials to be studied are generally other than cases or statutes. For in such courses as legal theory - Jurisprudence - International Law and institutions, Legal. History, and Com- parative Law, the lecture-with-readings method would seem to offer more efficient_ tools for teachers and students. Perhaps the most urgent of all questions of curriculum and methods today is that of so-called "practical" training. How shall the student be given practical training? Partly in the law school or entirely in a law office; contemporaneous with academic training or afterwards; by practitioners or full-time teachers, or both? Certainly there would seem to be general agreement among teachers and practitioners that there is _often a considerable gap between the student's formal law school training and his immediate fitness to practise law. 60 Among law teachers, the view is held generally that the task of the school is to lay a foundation . on which the later practical training in the office, in the courts, and in the administrative agencies can be carried on succèssfully.51 No law school can teach a student "all" of "the law" or much of the "skills" that make for the lawyer's knowledge and "know-how". At best the school can give the student an approach to the legal system, to the kind of problems . with which the system deals, to the types of solutions that are provided by it and generally to give a grasp of-the methods used by the law and by lawyers to solve the problems presented to them and to see those solutions as social as well as technical results. If this is done well by the schools, with rigorous standards of clear thinking and accuracy- of expression, the Bar can expect little more from the professional teacher or the law school as we now know it. Thus, the place for- "practical" training generally must be outside the traditional classroom - in the courts, in offices or in seminars and groups guided by practicising lawyers and dealing with drafting of documents, relations with clients, the operation of offices, ethics, indeed with the endless variety of big and little matters that characterize the lawyer's relation with real, facts, real clients - with life. Many law teachers in Canada would look with approval upon any system that provided such practical contacts with and insight into the work of the Bar and the Bench,

5° See Table 18, Practical Training Methods in Force 1948-49. See also Table 12 . 11 Table 18, and Table 12.

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but they would not hold that this can satisfactorily be done simultaneously with the initial academic training. Indeed, the article system contemporaneous with lectures exists only in Mani- toba and New Brunswick, and now in a modified form at Os- goode where the student is henceforth to spend his full time in the LawSchool for the first two years. 52 It no longerexists elsewhere because it was, generally speaking, a failure "in fact" whatever theoretical objections or benefits also may have been present. In all other provinces-Nova Scotia, Quebec, Saskatchewan, Alberta, British Columbia-the regulations now provide forninemonths or a year of service in an office. In some provinces the service is to be taken during the year following graduation from the school and the. continuous year of service is a prerequisite for admission to the Bar. But in other provinces the service may be taken in part during the two vacation periods and the remainder after graduation. But the principle and method are established now in every province except Manitoba . and New Brunswick that the basic education of the law student must be free from the parallel demands of office training. The time of the school is short enough and the demands of effective analytical training severe enough to prevent justice from being done to office or classroom by uniting them in a concurrent programme. Yet the character of practical training cannot and should not be left to chance, to the luck of a student getting an office in which some interest is taken in him by a considerate, responsible senior. Indeed, in the opinion of many deans of law schools the part-time system failed to ensure even that the student had the benefit of good office training.b3 In New Brunswick there is little actual supervision by any authority to make certain that students really attend their offices and are usefully employed on an order- ly basis. At Manitoba, the faculty is satisfied that the majority of students do attend offices from eleven a.m. onwards and that they obtain much benefit from the system. In Winnipeg it is not uncommon for the student to appear frequently in chambers and in the minor courts. But again everything here depends upon the luck of the student's choice of office. Thus under the most fav- ourable conditions of the articles-with-lecture system, where -as in Winnipeg -the Bar and the Law School seem content with the programme, there is still no assurance that all or most students will obtain anything like an organized, uniform approach to their "practical" training. Similarly in Alberta, Saskatchewan,

sz Ibid . 11 Ibid.

1950] Condition of Legal Education 291

British Columbia and Nova Scotia, where the rules and traditions piovide for service after graduation - or between terms, in British Columbia, and Saskatchewan 51- there is little assurance of a uniformity of training, and much again depends upon the luck of the student in his firm. This problem has been faced in a preparatory way at McGill where a programme of fourth year practical training - after the university degree, the B.Ç.L. is awarded - is now being worked out with the co-operation of the English-speaking Bar and within the curriculum set -out by the Bar regulations." The aim is a uniform minimum of instruction in drafting of basic practice documents, practical courses in title search, formation of companies, hearing of trials and appeals, more formal lectures in account- ancy, taxation, ethics and, perhaps most important, a proposed period of service in offices with firms that will be selected by the Bar and the university with the certainty that some calculated use of the student will be made. Here it is suggested that the "student will remain under the full control of the firm, during the first half of his day, for a period of eight months. The firm will have no obligation to employ the student afterwards and the internship character of the relationship between student and firm will be emphasized. Although no similar plans for organizing the work of a "practical year" appears to be under way in other provinces, practitioners concerned with post-graduation admission law examinations in Alberta and Saskatchewan have urged the need for some methods of uniform instruction and training during the period of clerkship. The conclusion seems to be justified that general service in a firm is now too hit-and-miss a matter to ensure a high level of practical training for all students. It would , not be surprising during the course of the next few years to see several of the governing bodies, with the co-operation of law schools, work out sys- tematic types of courses and seminars for the practical year, and also seek a more active direction of the student's role in offices, so as to make certain that a relatively uniform. level of training is achieved in basic practice matters. Clearly, different firms will have a different emphasis in practice matters, but as nearly as possible some standards and minimum needs should be worked out and this doubtless the Bar and the schools should soon attempt to do. And it is in these seminars on drafting, on practice, 5,Veterans were allowed to coxhplete part of their articles in school vacation periods. 55 See Article 49 of the By-laws of the Bar of the Province of Quebec (in force May 29th, 1948) Part B, "Practical Instruction" .

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on the work of the courts, on relations with clients, on documen- tation generally, that the role of practitioner must be supreme. For the full-time teacher cannot have the "know-how" to attempt the job. He can help with its administration, its integration into the whole curriculum, but the teaching must be done by the ex- pert, the practitioner. The future of practical training, therefore, must largely remain in the hands of the Bar.

VI. Objectives of Legal Education and General Conclusions This is a period of self-questioning about legal education, indeed, about the profession as a whole, its character and role in a too- swiftly changing world." In the constitutional self-governing, English-speaking societies, the lawyer has occupied in past generations a unique, strategic and powerful position. In Parliament and on the bench he long has been close to the main-springs of political power. Today in great corporate organizations, in the civil service and in the government agencies that have woven new social patterns about us, he continues to fill posts of authority and rank. But he now has competitors for power in the modern state. The economist, the accountant, the statistician, the en- gineer turned executive, all are rivals for these honours on the managerial if not the political level. The practice of law itself is changing. The individualistic practice of the later nineteenth century was concerned, except for the larger firms, with scores of little matters, from partnership to real estate, to estates, to minor and occasionally major excursions into the courts. Although still continuing in part, much of this seems to have changed its emphasis. It will, of course, require scientific study to determine just how crucial have been the shifts in practice and what they mean for the lawyer's future need of "skills", as well as for law school curricula and teaching methods. But there can be little doubt that even in small law firms the concern with governmental matters - on behalf of clients with large and small company work - with trade unions, with all the institutions of urban, organized society, is now becoming a common professional experience. And when the role of the Bar in public life is remembered, the fact that lawyers influence cabinets and legislation perhaps more than any other single professional group, then the kind of lawyers that are being trained and that

as This self-questioning is surely most evident in the movement that has led to the Survey of the Legal Profession in Canada.

1950] Condition of Legal Education 293

continue to be "educated" after their graduation is a matter of real . professional concern, indeed of general social interest." Thus, if there is debate about the details in the aim and content of legal education in Canada, there surely can be little debate about the broad conception. For the objective must be to prepare young men of ability and character .for the competent practice of the law and for their general social and communal role as citizen- lawyers, and to assume that such competence and the playing of that role will be made more secure if law students understand the main social and technical forces in society and government that lie behind the legal order, behind those individual "rules" that are the esoteric concern of lawyers. They will practise law more intellingently and lead the community more responsibly if as lawyers they have some insight into the origin of rules and the continuous impact of social changes on rules`, and in turn of rules on social behaviour. A good distance has been travelled in the general development of legal education in Canada since Dean MacRae wrote his report in 1923. There is today a small but highly effective corps of professional teachers devoting their lives to legal studies, just as the practitioner devotes his to practice. Both achieve a special competence and both are members of the same profession. But that corps of Canadian teachers is still too small and the facilities ,and support they receive not nearly as extensive as their needs require. In buildings, in libraries, and probably in salaries, the law lags behind other professional faculties and their facilities in Canada. Indeed, there is far too little understanding in many quarters of the difficulties of the problem of teaching law and particularly of the relations between theory and practice and the role of each in the training of the lawyer. Research and writing in Canada are not nearly as developed in legal- studies as they ought to be after a generation of full-time students and university staffs in several provinces."' This may be due partly to the too-heavy teaching load, partly to the as yet limited number of professional teachers with research experience, partly to the absence of funds for graduate work, but more generally perhaps it is because the scholarly purposes and traditions of the profession have not too often been emphasized by the profession itself.

57 See Table 19, Refresher and Post-graduate Courses and Continuing Educa- tion of the Bar 1918-49. Ss It is a commonplace among Canadian law teachers to compare literary output in Australia with Canada, often to the disadvantage of Canada. Anyone familiar with the leisure available to, and status of, the law teacher in the Australian universities will perhaps have an explanation .

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Indeed, the Bar has a stake in a creative, alert corps of law teachers. For it cannot be satisfied with graduates who know little of taxation theory and practice, of trade unions, of com pany organization and finance, of government agencies and the policies they enforce. This means not only specific courses by competent law teachers but also a point of view. It means that the modern law students must have a view of law that is almost as close to social policy as it is to legal technique. He must have some understanding, therefore, of what the political scientist is saying about constitutional and administrative law, of what the economist is doing to influence the organization and policy of enterprise and government, of what the sociologist is discovering to explain patterns of community conduct, of what the crimino- logist has to say about criminal law and its enforcement. The work of the lawyer stands always on the line between private claims and public policy, for every claim involves underneath the expression of some kind of social value. The lawyer is there to make the balance, to ease the frictions of an increasingly organized society. He is both technician and counsellor and he must above all other men be interested in the formulation and refor- mulation of the rules of the game that make our society function with a minimum of collision in individual or group interests and a maximum of social equilibrium. For that kind of function the Bar and whole community must hope for law graduates who are trained to see the law as an in- strument of social order as well as a technique for the solution of individual disputes. Law teachers occasionally flatter themselves with the thought - or hope - that recent generations of competent graduates have moved from "black-letter" or head-note lewyership to the more skilful technician who makes the language of the law serve the never-to-be-divorced ends of clients and of "justice" . Law teachers and practitioners alike therefore must be interested in law training that increasingly understands the complex social order and tries to provide a technical lawyer's equipment that is no less technical because it is maturely social in its view. A man who knows the nature of tax policy, who understands the social and accounting purposes of tax legislation, and who can read a balance sheet as well, is far better able to advise a client on the predictable limits of tax liability than one who scans the statutes and the cases with not too much concern for the problems of fiscal policy or accounting analysis. If the aim in Canada is to have a competent and educated Bar, providing effective private service and public leadership, a

1950] Condition of Legal Education , 295

price must be paid for it. So far the price paid in Canada has been very modest and the results often have not been far in excess of this modesty in social outlay. More rigorous admission requirements; adequate buildings and libraries; larger teaching staffs, with leisure for scholarship and funds for research and post- graduate students; the production of texts and case-books required for effective teaching and more efficient practice; . full co- operation between teacher and practitioner in resolving the problems of practical training; the recognition of the rôle of the full- time teacher and of scholarship in the creation of an educated and technically sound Bar; and finally the sense that the lawyer's function is something more than merely vocational, that he is the servant and the leader of the community in a very special way and must, therefore, have.much insight into the social order, its values and .rules; all this is necessary to ensure that legal education in Canada will move progressively toward higher professional competence and social usefulness, and at a pace matching the needs of a people now quickly becoming in its own right a nation and a power.

LIST OF TABLES TABLE 1.-Law Students Enrolled by Schools and Faculties TABLE 2.-Law Students Graduated in Law Schools and Faculties TABLE 3 .-Tuition Fees TABLE 4.-Staff Members 1948-49- TABLE 5.-Teaching Loads Per-Full-time Man 1948-49 TABLE 6.-Full-time Staff Engaged in Private Practice 1948-49 . TABLE. 7.-Post-Graduate Training of Full- and Part-time Staff TABLE 8.-Full-Time Staff Experience in Practice, Government or Business TABLE 9.-Ofcial Salary Scale by Grades 1948-49 TABLE 10.-Buildings and Physical Facilities 1948-49 TABLE 11.-Law Faculty and School Libraries 1948-49 TABLE 12.-Formal Control of Legal Education by University or Bar 1948-49 TABLE 13.-Research and Publications by Law School Staff Members and ° Students (1949) TABLE 14.-Development of New Courses and Course Content 1948-49 TABLE 15.-Teaching Methods and Tools 1948-49 TABLE 16.-Length of School Term and Lecture Load of Students by Years 1948-49 TABLE 17.-Screening of Applicants and Student Placement Services 1948-49 TABLE 18.-Practical Training Methods in Force 1948-49 TABLE 19.-- Refresher and Post-graduate Courses and Continuing Education of the Bar 1948-49

296 THE CANADIAN BAR REVIEW [VOL . XXVIII

TABLE 1 .-Law Students Enrolled by Schools and Faculties

SCHOOL OR FACULTY 1938-39 1947-48 1948-49 U.B.C. . . 409 473 U, of Alta. 62 78 112 U. of Sask . 44 127 123 U. of Man. 79 168 180 Osgoode Hall 337 801 757 U. of Toronto' ...... McGill U. 62 220 215 Laval U. 91 166 182 U. of Montreal 134 213 213 U. of N.B. 38 42 54 Dalhousie U. 89 210 197

TOTAL 936 2,434 2,506 ' Since the University of Toronto did not graduate students directly eligible for admission to the Bar of any particular province, its enrolment is not included in the above table. Enrolment atTorouto in 1947-48 in B.A. (Honours Law) was 145; LL.B. candidates numbered 75 .

TABLE 2.Lavw Students Graduated in Law Schools and Faculties

SCHOOL OR FACULTY 1938-39 1947-48 1948 - 49 U.B.C. . . 63 128

U. of Alta. 20 17 17 U. of Sask. 9 31 31 U. of Man . 20 35 45 Osgoode Hall 97 196 218 U. of Toronto' ...... McGill U. 17 40 61 Laval U. 22 42 59 U. of Montreal 28 48 59 U. of N.B. 18 2 25 Dalhousie U. 24 53 50

TOTAL2 255 527 693 ' The University of Toronto is not included in this table since graduation from its Law School did not mean immediate eligibility for admission to the Bar in any particular province. In 1948- 49 %here were 16 graduates in B.A . (Honours Law) ; 18 were awarded the LL.B. In Prince Edward Island, in 1948, there were two graduates admitted who were trained or graduated elsewhere but not yet admitt ed els ewhere .

-19501 Condition of Legal Education 297 .

TABLE 3.-Tuition Fees

SCHOOL OR FACULTY 1938 - 39 1947-48 1948-49 U.B.C. $ ...... $225 .00 $225 .00 U. of Alta. 135 .00 150.0.0 160 .00 U.of'Sask. 120 .00 120 .00 175 .00 U: of Man. 150 .00 150 .00 150 .00 ®sgoode Hall 150 .00 200 .00 200 .00. U. of Toronto' 125 .00 150 .00 - ...... - McGill U. 235 .00 255 .00 275 .00 Laval U. 175 .00 200 .00 200 .00 U. of Montreal 175 .00 . 200 .00 200 .00 U. of N.B. 150 .00 200 .00 200 .00 Dalhousie 250 .00 250 .00 250 .00 ' B.A. (Honours Law) Course . The .additional enrolment fee for LL.B. was $60 .00 . Beginning with the session 1949-50 the B.A. (Honours Law) Course is abolished.

TABLE 4.-Staff Members 1948-49

STAFF DEAN SCHOOL OR FACULTY Full-time Part-time Full-time Part-time U.B.C. 6 10 full-time U. of Alta.' 3 5 full-time . . U. of Sask. 4 6 full-time . . U. of Man.2 3 17 . full-time ®sgoode Hall' 6 7 full-time . . U, of Torono4 7 3 full-time . . McGill U. 4 9 . . part-time Laval U.1 2 25 . . part-time U: of Montreal' 4 14 . . part-time U. of N.B7 1 9 . . part-time Dalhousie U. 4 7 full-time 1 1949-50: 4 full-time, 3 part-time. 2 TheDeanis also Secretary ofthe Law Society and .Editor ofthe Manitoba Reports. a These statistics do not apply to 1949-50. 4These statistics apply to period 1948-49 and also to a large extent in 1949-50, except that the part-time staff in 1949-50 was increased to 15. s There is here a "Director of Studies" who administers the faculty for most purposes. 6 Same as footnote 5. 7 Faculty administered by registrar.

298 THE CANADIAN BAR REVIEW [VOL . XXVIII

TABLE 5.-Teaching Loads Per Adl-tinge Man 1948-49 AVERAGE SUBJECTS AVERAGE HOURS SCHOOL OR FACULTY PER TERM PER WEEK U.B .C . 3?~ 6 U. of Alta. 6 14 .3 U. of Sask . 4 9 U. of Man. 3 .67 9 .2 Osgoode Hall 6 U. of Toronto 4 .3 3 .2 McGill U. 3 6 .7 Laval U. 3 9

U. of Montreal' 1 5 U. of N.B.' 3 6 Dalhousie U. 3 3 ' It would appear from the information received that the definition of "full-time" at the Uni- versity of Montreal may not be the same as at the other Canadian law schools . At the U . of N.B. there is one "full-time" man who has a total load of 5 subjects for 2 terms "

TABLE 6.-Full-time Staff Engaged in Private Practice 1948-49 SCHOOL OR FACULTY COMMENTS U.B.C . None. No official objection to summer practice . Occasional consultations. U. of Alta. Noobjectionto consulting work or summer employment U. of Sask . None do. Free in vacation. No objection to casual outside work . U. of Man. Two do so, one for half a day and the other for six half days per week Osgoo le Hall No practice permitted. Advisory opinions to members of profession approved. U. of Toronto' No practising during school term McGill U. No permission needed, but no one is engaged in practice . Only general consultations, ar bitratio ns, etc. Laval U. No restrictions, but none of the staff have offices outside. Consultations and occasional appellate appearances. U. of Montre al No practising U. of N.B. The one "full-time" teacher is a probate judge who has a practice as well . Dalhousie U. No practising except opinions and consultations ' It is not clear from the replies whether this excludes consulting work and labour arbitrations, etc., but the present staff (1949-50) includes several teachers who are well-known for their activities in these fields .

10501 Condition of Legal Education 299 TABLE 7.-Post-Graduate Training , of Full- and Part-Time Staff

POST-GRADUATE TRAINING IN STAFF SCHOOL OR MEMBERS FACULTY ' Canada U.S. . U.K. Europe F.T . P.T . F.T. P.T. F.T. P.T . F.T . P.T . F.T . P.T . U.B .C . 2 ~. 1 1 1 1 . . 6 10 U. of Alta. . . 1 1 1 , 1 . . . 3 5 U. of Sask. . . . . 2 1 1 1 . . 4 6 U. of Man. . . . . 1 2 1 . . . . 3 17 Osgoode Hal12 . . . . 4 ...... 6 7 U. of Toronto2 3 2 . . 2 . . . . 7 3 McGill U. . . 1 ...... 1 2 4 9 Laval U...... , . . 2 25 U. of Mont. . . 1 2 . . 3 1 1 4 14 U. of N.B...... 2 . . 2 . . 1 9 Dalhousie 1 3 4 7 , "Post-graduate training" is defined to include all training or study of law after the bacca- laureate or the first degree in law was obtained. It would,therefore, indu& legal studies at Oxford or Cambridge leading to a B.A . or B.C .L . after the first degree was obtained in Canada or else- Where. 2 This data will now have changed, since the transfer of three members of the Osgoode Hall staff to the staff of the University of Toronto beginning in 1949-50.

TABLE 8.-Full-Time Staff Experience in Practice, Government or Business GOVERNMENT SCHOOL OR FACULTY OR BUSINESS PRACTICE FULL-TIME STAFF U.B .C . 2 4 6 U. of Alta., 1 3 3 U. of Sask. 2 3 . 4 U. of Man. , 2 3 3 Osgoode Hall, 1 3 6 U. of Toronto 3 4 7 McGill U., 2 4 4 Laval U. 1 2 2 U. of Mont. . . . . 4 U. of N.B. . . 1 1 Dalhousie U. 2 2 4 , Here one or more of the persons referred to had experience both in government or business and in practice . 0 0

TABLE 9.-Official Salary Scale by Grades 1948-49

SCHOOL OR ASSISTANT ASSOCIATE FULL PART-TIME RATE PER LECTURE FACULTY LECTURER PROFESSOR PROFESSOR PROFESSOR OR COURSE

U.B.C. $2,400-$3,000 $2,400-$3,500 $3,200-$4,400 $4,000-$6,500 No pay-honorary status U. of Alta. No answer No answer No answer No answer $10 .00 per lecture U. of Sask ...... $3,100-$4,200 $4,300-$5,000 $5,000-$5,500 $350 .00 for the term or course U. of Man . No answer No answer No answer No answer $12 .50 per lecture Osgoode Hall A range of $3,500 to $9,000 About $30 .00 per lecture U. of Toronto $2,000-$3,500 $3,500-$4,000 $4,500-$5,500 $5,500 and up $500 per course, 2 hrs. a week _ - McGill U. $2,500-$3,000 $3,000-$4,500 $4,500-$5,000 $5,000-$6,500 $10 .00 per lectur Laval U...... $6,000-$7,000 $5 .00 per lecture

U. of Mon ...... $5,000-$8,000 $10 .00 per lecture of N.B...... $3,500 $600 per course U...... C Dalhousie U. $2,500 $2,500-$3,500 $3,500-$4,250 $4,250 and up $2 .00 per lecture hour O

C FyN TABLE 10.-Buildings and Physical Facilities 1948-491

SCHOOL OR HAS SCHOOL OR FAC- FLOOR SPACE SHARING WITH OTHER FACULTY ULTY OWN BUILDING USEDBYSCHOOL COMMENTS FACULTIES? OR QUARTERS? IN SQ . FT.

U.B.C. Yes 11,330 Yes, until enrolment A temporary building reasonably adequate for returns to normal level normal enrolment - ,

U. of Alta. No 2,000 Yes New library space built but no special classrooms for law U. of Sask. No 6,500 Yes, men's residence Reasonably adequate

U. of Man. No 14,700 ...... Adequate, but not a modern building

Osgoode Hall Yes ...... Shared with Law So- Generally inadequate for high enrolment and ciety of Upper Canada more facilities needed for work outside classroom U. of Toronto Yes 7,300 No Not modern or well planned McGill U.'= Yes 18;000 Yes, but only tempo- Very good facilities, but shortage of classrooms . rarily . Building is principally for law R Laval U. No 8,000 Yes, with other facul- ...... , ties ô

U. of Mont. Yes, within main 20,000 Sharing of classrooms 'Fifteen rooms used by Law, but some' shared , university building

U. of1N.B. No 1,400 Part of public building Reasonably adequate

Dalhousie U No 5,500 Expect to move into own building by 1951 1 It has been estimated by architects university experienced in construction that the ideal arts or law building would provide approximately 150 sq . ft . per student CAD for all purposes . C5 2 New building acquired January, 1950 .

TABLE 11.-Law Faculty and School Libraries 1948-49 co 0

SCHOOL OR READING ROOM USE OF FACULTY OWN LIBRARY BOOKS' ACCOMMODATION BAR LIBRARY COMMENTS

U.B.C. Yes, operated by faculty 11,228 318 ...... Books are loaned out to students U. of Alta. Yes, under general univer- Yes, at Court House, No lending out of texts. Own sity library control 7,000 80-85 but Law Society library in new building in 1950 space overcrowded

U. of Sask. Yes, administered by fac- 7,800 70 25 students may use Restrictedlending policy. Accom- ulty under university Law Society Library modation generally adequate

U. of Man. Yes, under direct faculty 8,494 25 Yes,muchusemadeof Has lending policy . Accommoda- z control Law Society library tion adequate b Osgoode Hall Yes, Law Society control 8,0152 . . . . Law Society library Lending policy. School library available not adequate z td U. of Toronto Yes, university admin. 27,000 120 ...... Lending out policy McGill U.3 Yes, joint faculty-univer- 25,000 100 No Lending policy . Very good ac- sity administration commodation Ls7 Laval U. Yes, university and faculty 7,000 30 Use of Bar library Books loaned out occasionally . administration permitted Accommodation adequate

U. of Mont. Yes, administered by fac- 9,000 70 ...... No lending of books. Room for ulty under univ . librarian improvement in facilities C U. of N.B. Yes, law faculty adminis- 1,000 20 Use of Law Society Books loaned out . Adequate ac- O tration library commodation faculty control 16,000 130 Lending out policy Dalhousie U. Yes, law ...... C ' These statistics are confined to books in "active" use. At McGill there are additionally 10,000 useful but "inactive" books. a H 2 The Law Society library contains 83,311 volumes. New quarters were acquired in January, 1950 .

TABLE 12 .Formal Control of Legal Education by cp University or Bar 1918-.49 cn 0

SCHOOL OR CONTROL DEGREES PART-TIME OR FULL- UNIVERSITY AND BAR FACULTY GENERALLY AWARDED TIME ATTENDANCE EXAMINATIONS ADMISSION REQUIREMENTS AT CLASSES TO STUDY LAW

U.B.C 1 Faculty under con- LL.B. by Uni- Threeyearsfull-time . Faculty and Law So- Minimum of two years of trol of Senate versity One year articles aft- ciety are co-exaii-* arts at U.B.C. or the equi- er graduation2 ners. No separate valent. No other screen- LawSociety exams, ing, but Bar may pass on personal or moral. fitness for - admission to practice

U. of Alta. University control, LL.B. by Uni- Threeyearsfull-time. Only by faculty for B.A. or equivalent degree but Law Society versity One year of articles degree; by Bar for or two years of combined well represented on after graduation experience under ar- B.A. - LL.B . course . No Faculty Council ticles for admission other screening

U. of Sask. Faculty under uni- LL.B. awarded Full-time. One yéar LL.B. exams. set by Two years of arts . Latin versity Senate con- by University articles after gradua- faculty. University matriculation . English trol . Consultation tion 2 Two years for conducts practice ex- . course in arts required with Law Society students without am. after year of on courses B.A.- articles for Law So- ciety under a joint . examining Board '

U. of Man. Nominal university LL.B. by Uni- 4 years. Lectures up Law school papers Two years of Arts. Gradua- control . Actual con- versity on re- to 11 a.m. Part-time only tion from school required, trolbyjoint univer- commendation students . Remain- but attendance at lectures sityandLawSociety of faculty der of day in offices. excused in special cases trustees with- Law Four years of articles. Society in real con- If no B.A. then five _ trol , years

As of 1950-51 U.B .C. will require, for admission to study law, that those with only two years of arts must have a second class or better. co 21 O Special rules were applicable to veterans-service of articles during summer vacation was accepted. -Continued onfollowinq page GJ

TABLE 12-continued 0

SCHOOL OR CONTROL DEGREES PART-TIME OR FULL- UNIVERSITY AND BAR FACULTY GENERALLY AWARDED TIME ATTENDANCE EXAMINATIONS ADMISSION REQUIREMENTS AT CLASSES TO STUDY LAW

Osgoode Hall By Law Society of No degree a- Full-time first year . Written exam. set by Graduate of Canadian or Upper Canada warded . No re- Part-time last two law school . Oral ex- Commonwealth university ; lation to univer- years3 am. on office prac- or upper school matricula- sity tice by Law Society. tion (senior) with 60% or Admission to Bar better without exams. in tx special cases a U. of Toronto University school Degrees B. A., Full-time students Set by faculty LL.B. candidates must have a LL.B. combined B.A. or equivalent, or two l7â course . Also years academic work after LL.B. awarded senior matriculation (grade by Senate on re- XIII) . B.A., LL.B. (com- commendation bined) required Grade XIII Y of faculty 4 (Ont.) or equivalent

McGill U. University control, B .C .L. awarded Three years full-time B .C.L . exams. set by Faculty will admit with two t9 but Bar sets out by Senate on re- classes. One year faculty . Bar admis- years arts or equivalent. C curriculum in regu- commendation (4th) proposed course sion exams. follow Bar requires B.A. (with one lations of faculty in practical instruc- and are set by Bar philosophy course) from re- tion set out in Bar cognized Canadian or Bri- regulationss tish university . Other degrees by special Bar permission 3In 1949-50 new rules came into operation, which required four years of articles, the first two years full-time in classes and the second two years part-time with at- 0C tendance at offices. t" 4These requirements have changed in part in the new 1949-50 proposed curriculum. The old LL.B. course and the B.A. in law are discontinued and arereplaced by anew LL.B. course. Admission requirements are a B.A. from a recognized university or the equivalent of two years of academic work after requirements similar to Ont- ,~ ario Grade XIII certificate. s The detailed operation of the required course is now being studied by the three faculties at McGill, Laval and University of Montreal . -Confirmed onfoRovino pag. N TABLE 12-continued

SCHOOL OR CONTROL DEGREES PART-TIME OR FULL UNIVERSITY AND BAR FACULTY GENERALLY AWARDED TIME ATTENDANCE EXAMINATIONS ADMISSION REQUIREMENTS AT CLASSES TO STUDY LAW

Laval U. University control, LL.L. and LL.B. Three years full-time LL.L. and LL.B. ex- Faculty will admit only but Bar sets out awarded by uni- classes. One year ams. set by faculty. those with B. A. from a curriculum in regu- versity 6 (4th) proposed course Bar admission ex- recognized Canadian or lations in practical instruc- ams . follow and are British university . Ditto tion set out inBar re- set by Bar McGill gulations

U. of Mont. University control, LL.L. and LL.B. Three years full-time LL .L. and LL.B. ex- Faculty will admitonly those but Bar sets out awarded by uni- classes . One year ams. set by faculty. with B.A. from a recognized curriculum in regu- versity, (4th) proposed course Bar admission ex- Canadian or British univer- lations in practical instruc- ams. follow and are sity. Ditto McGill tion set out in Bar set by Bar regulations

U. of N.B. Formal university B.C.L. awarded Really "part - time" Exams. set by fac- B.A., or two years in arts control ; actual con- by university on sincestudents are ar- ulty. All courses con- from a recognized univer- trol by Barristers' recommenda- ticled for three years . trolled , by faculty. sity or degree in science or Society faculty tion of faculty and are supposed to No separate Bar ex- equivalent. Articled stu- members in Saint attend offices and ams. dents may write Bar exam. John lectures concurrent- without - university enrol- ly . No compulsion to ment attend offices

Dalhousie U, Faculty controlled LL.B . awarded Full-time. Articles 9 University sets ex- No Bar control over univer- by university Sen- months after gradu- am., but Bar has a sity admission. But Bar can ate ation or six .months co-examiner appoint- admit to practice certain after graduation if ed with university articled clerks not attend- another six months faculty members ing university and special completed in two Bar exam. here previous vacations 6 The LL .L., degree is awarded for first class honours. 0 TABLE 13.-Research and Publications by Law School Staff Members and Students (1949) w

SCHOOL OR TEXT BOOKS, ARTICLES, PAPERS, ETC ., EDITING LAW REPORTS, SCHOOL JOURNAL STUDENT ESSAY FACULTY MONOGRAPHS, FTC., SINCE 199$ ESSAYS AND DIGESTS, EDITED BY STUDENTS REQUIREMENTS BY STAFF MEMBERS ETC. AND STAFF

U .B .C . Books and monographs in Several papers by at least Some modest work here Small student publication, No essay required for courses taxation and bills and notes three members of staff "Legal Notes", began 1948- or degree purposes 49 .

U . of Alta. None Four papers by two mem- Dean helped edit U.S . case- Alberta Law Quarterly Brief essay requirements in bers of staff book on legislation (stopped in 1945) some courses U . of Sask. Two major reports for Sas- Many contributions in this Series of papers by gradu- Staff edits Saskatchewan In several courses essays katchewan government by period ates being edited now Bar Review and papers are required . F. C . Cro nkite Research teams developed C] U . of Man. Books on Landlord and None Dean Edits Manitoba Law None A fourth year essay require- a Tenant and Mortgages Reports ment equals one course z Hci Osgoode Hall Many casebooks by mem- Extensive contributions to Extensive editorial work on Student journal published No essay requirements bers of staff I Canadian Bar Review and Dominion Law Reports,I z other journals etc . Gd U . of Toronto Several texts and mono- Extensive contributions to Can . Abridgment, reports University of Toronto Law ...... graphs many learned journals edited, etc. Journal by staff

McGill U. Several monographs by staff Extensive contributions by No editing of reports or None published Third year essay a major remembers of staff digests-some essays quirement for degree . Some have been published L~7

Laval U...... U. of Mont. Several texts in civil law ...... No Two papers in civil law required each year U. of N.B . None Several staff members have N .B . Digest edited by staff Small law journal published Barristers' Society Essay written articles members by students Contest. Some courses require essays O Dalhousie U. One member has published Several have published va- Staff members have helped None None monographs riety of papers edit D .L.R ., C.C.C., etc. PC C I Much of the material and editorial work referred to here was produced by former staff members who resigned in 1949 . N

TABLE 14.-Development of New Courses and Course Content 1948-49

TRAINING SCHOOL OR SOCIAL SCIENCE AND PRIVATE -LAW AND PUBLIC LAW "CLINICAL" AND PRACTICAL FACULTY EXTRA-LEGAL MATERIALS .

U.B.C. To a limited extent. Time fac- New curriculum. Additional emphasis Students share - in - moot courts and tor is limiting ' on public law courses in public inter- mock trials . Special practice lectures national law, labour law, administra- by practitioner ., Often make appear- tive law. Options method being con- ances in minor courts . sidered.

U. of Alta. Limited extent. Course in juris- Slightly greater. emphasis on public law Moots in each year. Senior students prudence emphasizes other dis- is contemplated . Also integration of judge in first year cases. Students, par- ciplines related to law some shorter older private law courses .. ticularly in articles year, may appear Increased emphasis on jurisprudence. in chambers, small debt courts, police Course in legislation being given now. courts . '

U. of Sask . Used, but not in an organized In recent years changes toward public All students must share in at least one manner - mostly illustrative law; bills and notes, and sales, now moot court. In some offices students Combined in commercial Transactions . get experience in articles year in cham- Reduction in agency, partnership and bers, police court work . equity. Increase in judicial remedies, taxation, labour, international, domes- tic relations.

U. of Man. No deliberate or other ap- Changes planned to eliminate overlap- Debating, public speaking and moot proach ping courses in private law and in- courts once a year. Students appear in crease emphasis on public law police courts, chambers, small debts courts . Good experience; varies with offices .

Osgoode Hall' Some continuing shift in emphasis from Hbpeful of developing clinical train- private to public law ing in private law . Very little student appearance in' courts, with negligible results . -Continued on following page 'This information was supplied in 1949 by Dean C. A. Wright when he was Dean of the Osgoode Hall Law School. TABLE 14-continued Ô 00

SCHOOL OR SOCIAL SCIENCE AND PRIVATE LAW AND PUBLIC LAW "CLINICAL" AND PRACTICAL TRAINING FACULTY EXTRA-LEGAL MATERIALS

U. of Toronto There is here a very general Integration of courses always going In 1949-50 term, system of courses in tradition for relating legal stud- on to prevent "departmentaf mind". 2 trial practice to all years operated by ies to wider historical, political Much public law taught here. Admin- leading practising counsel. Similar tech- and sociological materials2 istrative law since 1927, labour law niques in conveyancing and companies since 1932 . courses.

McGill U. A general bias in favour of Extensive shift to public law in recent All "practice" courses are now taught such materials in courses in years. Integration of private law and by practitioners . The fourth year pro- public law commercial law courses planned. gramme required â by the Bar is now z being worked out in detail . a d Laval U. Some lectures on "practical" procedure, with drafting of documents by z ...... students. No student appearances in tx court.

U. of Mont. Faculty placing more emphasis on sem- No moots yet. Planned for 1949-50 . Some emphasis here inars and personal work of students No student appearances in any courts on behalf of offices . U. of N.B. Greater stress on labour law planned Plan for more "clinical" training. No details yet. Students go into small debt No courts, etc . Mock trials and moot courts are used .

Dalhousie U...... More emphasis on public law, e.g. la- Special practice course being given as Ô bour, and integration of private law part of course in procedure . Moot r courts by all years. 2 This statementwas especially true of theperiod ending 1948-49. Beginning 1949-50 it is planned, in clinical training, to have second year students work three weeks DC before the opening of classes in September in touring courts under experienced counsel who will later discuss trials and procedure with them . M M FI TABLE 15.-Teaching Methods and Tools 1948-.49

SCHOOL OR LECTURE METHOD CASE METHOD WITH CASEBOOKS SOURCE OF COURSEBOOKS FACULTY OR COURSEBOOKS OR CASEBOOKS USED U.B.C. Some tutorials with small groups given by This method generally employed in most Canadian for criminal law, history of law, personal pro- . lecturers in own offices courses. Preparation of cases by student perty, agency, equity, conflicts ; English for evidence. before class expected. U. of Alta. Here small classes lend themselves to dis- Used for majority of courses Canadian for torts, personal property, sales, agency, con- cussion and thus overcome some deficien- flicts ; U.S . for bills and notes; English for criminal law. cies of the straight lecture method U. of Sask. Legal history and jurisprudence Modified case method for most courses Canadian for torts, real property, companies, constitutional, labour, contracts; U.S . for torts, labour and contracts ; U.K. for international law, companies, bills and notes and real property . U. of Man . Straight lecture method in some, with class Modified method used in some courses Canadian and English for contracts, torts, personal pro- assignments in others, e.g. international perty and equity, but' doubtful whether students buy law, preparation of documents in taxation these in most cases. and accounting Osgoode Hall' Used in some courses Modified case method used Canadian (Osgoode) for torts, contracts, agency, conflicts, personal property, labour, administrative law; U.S. for property. , U. of Toronto' The final year of the' B.A., LL.B. (com- Mostly case method or variation thereof Canadian for contracts, torts, crimes, judicial remedies . bined) and LL.B. courses are taught almost entirely in.seminars McGill U. Generally the lecture method Several of the full-time staff attempt to Canadian for constitutional, bills and notes,. conflicts ; use the case method . Handicapped by lack U.S. for international law . of casebooks. Laval U. Lecture method only ...... U. of Mont. Lecture method is basic form ...... U. of N.B. Used in most courses Partially employed in some courses U.K . in torts, real property, international law, contracts; Canadian in companies, bills and notes, labour, contracts; U.S . in labour, doubtful if students buy very often. Dalhousie U. Probably used by most of part-time staff All full-time staff use some form of case Canadian in torts, contracts, personal property, bills and method ; some of part-time staff also notes, constitutional law. I Thereplies to the questionnaire, it is emphasized, apply to the period.ending 1943=49. ' The new>ataff members at Toronto doubtless can be considered as having brought from Osgoode Hall their former casebooks and general classroom approach.

310 THE CANADIAN BAR REVIEW [VOL . XXVIII

TABLE 16.Length of School Term and Lecture Load of Students by Years 1948-49

HOURS OF LECTURES PER WEEK SCHOOL OR WEEKS IN SCHOOL FACULTY YEAR ' 1st yr. 2nd yr. 3rd yr. 4th yr.

U.B.C. 26 15 17 17 . . U. of Alta. 25-26 171 18 17 . . U. of Sask. 28 14 14 16 . . U. of Mana 27 13 14 13 13 Osgoode Hail 30 15 13-14 13-14 . . U. of Toronto' 32 15 14 7 . .

McGill U.1 27 11 12 12 . . Laval U. 32 22 22 . 22 . . U. of Mont. 31-32 22 22 16 U. of N.B. 28 10 12 12 Dalhousie U. 27 13 14 15 -.

1 Plus one required history course given in the Faculty of Arts. 2 The majority of lectures are given between 9 a.m. and 11 a.m., but some are given in the late afternoon . 3 The new LL .B . course beginning in 1949-50 provides for 1st year, 14Y2 hours; 2nd year, 16 hours; and 3rd year, 17 hours. 4 First and second year lecture hours are likely to increase soon .

Legal 1950] Condition of Education 311

TABLE 17.-3creeningl of Applicants and Student Placement Services 1948-49

SdHOOL OR SCREENING PRACTICE, PLACEMENT of LAW STUDENTS, FACULTY IF ANY IF ANY

U.B.C. No screening No formal placement service. Dean and Secretary of Law Society are in constant touch with each other. U. of Alta. . No screening . Admitted Informal and successful while unless something serious 'demand was greater than against applicant . supply U. of Sask. No formal screening. Same Informal placement service. persuasion if obviously un- In 1947, 85% obtained em- fit . ployment ; in 1948 ; 90% ; in 1949, 90%. U. of Man. All are admitted Informal contacts between bar, corporations and school leads to some placement Csgoode Hall All are admitted Informal placement, moderate success only U.. of Toronto Dean interviews. No for- Student administrative coun- mal screening. cil operates a placement service McGill U. All candidates interview- Informal with only moderate ed. Most admitted if meet success formal requirements . Lavàl U. None University and students' association try to place students U. of Mont . No screening Informal. Not much success, U. of N.B. Most applicants admitted No machinery. School makes recommendations from time to time. Dalhousie U. All admitted meeting for- Dean claims little difficulty in mal requirements placing graduates. Estimate 50% graduates in law firms; remainder in other activities.

1 By "screening" is meant any procedure to eliminate applicants for admission who other- wise meet the formal requirements.

TABLE 18.Practical Training Methods in Force 1948-49

OFFICE STAFF OPINION OF FUTURE PRACTICAL TRAINING SCHOOL OR EXPERIENCE RE STUDENT APPEAR- QUIRED BY RULES FOR VALUE OF OFFICE PLANS AND OTHER STAFF FACULTY ANCESIN COURT ADMISSION TO BAR EXPERIENCE COMMENTS

U.B.C. One year of articles after Students frequent- Some experience seems useful . Hope to extend special lectures graduation , ly appear in small Too early to judge full effect. by practitioners on practice debts court, and Office experience essential . matters . Time factor limiting police court Personal influence of senior is consideration . important .

U. of Alta. One year of articles after Yes. Chambers, Value is great but depends on All courses are courses on graduation police and small firm and lawyer under whom "skills" inferentially . But can- debts courts. student works. Alberta has not make law school a clinic. enough good firms. No need of student getting poor one. U. of Sask. Student with B.A. serves Good experience in some offi- Procedure classes used some- one year after graduation. Chamber and po- ces with the average barrister what. But time cannot be pro- Without B.A. must serve lice court work taking interest in student fitably spent in school on clini- two2 cal matters .

U. of Man . Students with B.A. serve Police courts, Effect verybeneficial,butsome Plan to increase student at- four years concurrently with small debts courts firms have more students than tendance at trials where plead- lectures . Others serve five and county court they can give work to ings have been already dis- years. Lectures before 11 chambers, on be- cussed a.m. and after 5 p.m. half of principals

Osgoode Hall Articles now required for Yes. Theoretically On the average very little Small practice seminars being four years, but service in in small debts and benefit conducted by several junior offices only for last two police courts . Very members of profession in prac- years 3 few do so. tice locally , During the period 1945-48 students were allowed to serveduring the two vacations. This privilege maystillbe grantedto veterans upon application to theBenchers. 2Veterans without B.A. could serve one year of articles during vacation. s These are the new rules beginning 1949-50. Under the previous rules the student was articled for threeyears but in his first year attendance at classes was full- time. The opinions expressed here were those of the 1948-49 staff. -Continued on following page TABLE 18-continued

OFFICE EXPERIENCE RE- STAFF OPINION OF FUTURE PRACTICAL TRAINING SCHOOL OR STUDENT APPEAR- QUIRED BY RULES FOR VALUE OF OFFICE PLANS AND OTHER STAFF FACULTY ANCESIN COURT ADMISSION To BAR EXPERIENCE COMMENTS

U. of Toronto Not applicable Not applicable Not applicable Students of the second year will be required¢ to do three weeks full - time work with barrister conducting tours of ' courts, prior to school term = McGill U. Fourth year of practical No The old indenture system op- Seminars on practice and draft- training required now for erated until 1948 and was ing documents, half day in re- admission to Bar . Curricu- rapidly becoming, a failure lectedoffices, arebeing consider- lum being planned now, ed now for fourth year

Laval U. Bar regulations require a No fourth year of practical ...... training U. of Mont.- Bar regulations require' a No The articles or indenture sys- Faculty is planning to organize fourth year of practical tem has been of no value since its fourth year in collaboration training at least 1915 with Bar U. of N.B . . Although each student must Yes,in small debts Office experience valuable to Hope to give more extensive be articled .for full three courts, etc. third year students training on title searching, years, attendance at offices drafting pleadings, conveyanc- is not insisted on ing, etc.

Dalhousie U. Nine months of service un- Occasionally Ordinarily fair results ; bad Plans for special lectures sup- der articles in offices requir- during post-war congestion plementing ordinary classes ed after graduation, or six months between terms and six months after graduation 4 As of 1949-50.

314 THE CANADIAN BAR REVIEW [VOL . XXVIII

TABLE 19.-Refresher and Post-graduate Courses and Continuing Education of the Bar 191y8-49

U.B.C. Refresher courses given for returning veteran law students and lawyers-in October 1945. Successful and well attended. Hope to repeat later. Too much to do at present with heavy enrolment. U. of Alta. Nothing attempted by Bar or University. Veterans gave themselves refresher courses. No post-graduate courses or degrees offered by faculty. U. of Sask. Veterans' refresher course organized in 1945. Had to be abandoned since few could get away from offices . No post- graduate degrees or courses offered by law faculty. U. of Man. Bar in Winnipeg has two meetings a month at which ad- dresses by bench and bar members on legal topics are given. Some recent graduates carry on with private seminars. Plans by law school for a Master of Law degree and courses beginning 1949-50. Osgoode Hall Nothing done here since major refresher course programme of 1945. Plans for new course in 1950 have been an- nounced. No post-graduate degrees offered . U. of Toronto Post-graduate training in certain fields offered in which members of Bar have frequently enrolled . Post-graduate courses [for degree of Master of Law and Doctor Juris offered. McGill U. Extensive lectures to Bar under faculty auspices in 1945-49 on corporate finance and organization and in 1949-50 on taxation. Plan to have such courses annually . A Master of Civil Law is offered, requiring a year of residence or two years of non-residence . Doctor of Civil Law formally available but no attempt by faculty to offer courses for it. Laval U. Many members of the Bar in Quebec City and many staff members of the school are members of La Société des Etudes Juridiques, which meets every two weeks to hear lectures on legal topics followed by discussion. A Doc- torate in Law is offered by faculty with emphasis on the thesis . No special courses seem to be offered . U. of Mont . Nothing being done in the refresher field. Faculty offers a Doctorate of Law for post-graduate students. U. of N.B. No regular refresher or continuing bar lectures. Veterans received a course in 1945. A D.C.L. degree is offered, but its conditions seem rather special and obsolete by modern post-graduate standards . Dalhousie U. For past two years Barristers' Society has given and paid for courses of lectures in "basic transactions" of office practice . For last twenty years school has conducted lectures on special topics given by specialists on such subjects as public utilities, administrative boards, etc .