Law Clerk - Canada

Canada

Most Canadian courts accept applications for judicial clerkships from graduating law students or experienced lawyers who have already been called to the Bar in Canada or abroad (typically in the United States or the United Kingdom). Most provincial superior and appellate courts hire at least one clerk for each judge. Typically students in their last two years of law school are eligible to apply for these positions, but increasingly, experienced practicing lawyers are also considered for these positions. The term typically lasts a year and generally fulfills the articling requirement for provincial law societies, which qualifies a person to become a practicing lawyer in a Canadian jurisdiction.

The most prestigious clerkship available is with the country's highest court, the Supreme Court of Canada, followed by the Courts of Appeal of the three most populous provinces: Ontario Court of Appeal, Quebec Court of Appeal, and British Columbia Court of Appeal. Each Justice of the Supreme Court hires three clerks for a one-year period. The Court of Appeal for Ontario selects 17 law clerks, who serve either one or two of the 24 Justices. The Quebec Court of Appeal usually hires a similar number of law clerks for both Montreal and Quebec City, but is unusual among Canadian courts in having a formal clerkship program for law students in addition to law graduates. Successful candidates for all clerkships are usually selected based on a distinguished academic record, academic recommendations, strong research and writing skills and interviews with judges. For both the Supreme Court of Canada and the Quebec Court of Appeal, being able to work in both English and French is strongly preferred. Many law clerks have gone on to become leaders of the profession. For example, the Hon. Mr. Justice Jean Cote of the Alberta Court of Appeal was one of the very first Supreme Court law clerks, serving as a clerk in the program's inaugural year (1967). Similarly, the Hon. Madam Justice Louise Arbour, formerly of the Supreme Court of Canada, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia and former UN High Commissioner for Human Rights, also served as a law clerk in the early years of the program. Meanwhile, the Hon. Madam Justice Andromache Karakatsanis and the Hon. Madam Justice Kathryn N. Feldman of the Ontario Court of Appeal were formerly law clerks at the same court.

In Canada, a law clerk is also the chief legal counsel to the Senate, the House of Commons and some provincial or territorial legislative assemblies.