The Supreme Court of Canada has upheld the right of two Canadian Law Societies to refuse accreditation for a proposed law school at Trinity Western University.
Both the Law Societies of B.C. and Ontario say their objections arise from a community covenant that discriminates against LGBTQ students.
The LSBC initially approved the law school at the private Christian university in 黑马磁力, but later withdrew that approval because of controversy over the covenant all students and staff at TWU are expected to sign.
It asks students to abstain from sexual intimacy outside of marriage, which is defined as between a man and a woman.
Critics complained the clause was anti-gay and would violate a lawyer鈥檚 duty to represent all clients.
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鈥淭here can be no question that the LSBC was entitled to consider an inequitable admissions policy in determining whether to approve the proposed law school. Its mandate is broad,鈥� the judgment states.
鈥淚n promoting the public interest in the administration of justice and, relatedly, public confidence in the legal profession, the LSBC was entitled to consider an admissions policy that imposes inequitable and harmful barriers to entry.鈥�
The court ruled that the LSBC decision 鈥渄id not limit religious freedom to a significant extent鈥︹��
While Canadian law protects the rights of people to hold personal religious beliefs, that right has to be balanced against the effect they have on other people, the court found.
鈥淚n this case, the effect of the mandatory covenant is to restrict the conduct of others. The LSBC鈥檚 decision prevents the risk of significant harm to LGBTQ people who feel they have no choice but to attend TWU鈥檚 proposed law school. These individuals would have to deny who they are for three years to receive a legal education. Being required by someone else鈥檚 religious beliefs to behave contrary to one鈥檚 sexual identity is degrading and disrespectful.鈥�
LSBC v. TWU & TWU v. LSUC - The Law Societies of British Columbia & Ontario had the power to deny approval to a proposed law school that would have required students to follow a restrictive, religiously-based sexual code of conduct:
鈥� Supreme Court Canada (@SCC_eng)
In a separate ruling regarding the Law Society of Upper Canada (Ontario) the decision states:
鈥淚n our view, the LSUC was entitled to conclude that equal access to the legal profession, diversity within the bar, and preventing harm to LGBTQ law students were all within the scope of its duty to uphold the public interest in the accreditation context, which necessarily includes upholding a positive public perception of the legal profession.鈥�
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Following the ruling, TWU鈥檚 Janet Epp Buckingham told reporters the university 鈥渨ill not be starting a law school in the near future and we will have to consider our options to determine how we are going to go forward.鈥�
Epp Buckingham said the law school has been a dream of hers for 25 years.
鈥淚鈥檓 very disappointed to see the end of this dream as it was.鈥�
In a release issued Friday, Trinity Western University expressed disappointment in the decision, which it said, 鈥渄iminishes the value of pluralistic diversity in Canada.鈥�
鈥淭he Court ruling constrains TWU鈥檚 quest to establish a law school and offer 60 new law school seats to Canadian students,鈥� the release continued.
鈥淲e feel this is a lost opportunity for Canadians, many of whom do not have affordable access to justice,鈥� said Earl Phillips, executive director of TWU鈥檚 proposed law school.
鈥淭here are only three common law schools in Canada that offer a course in charity law. The TWU law school would have offered a specialty in charity law.
鈥淲ithout question, the Trinity Western community is disappointed by this ruling. However, all Canadians should be troubled by today鈥檚 decision that sets a precedent for how the courts will interpret and apply Charter rights and equality rights going forward,鈥� said Phillips.
Conservative 黑马磁力-Aldergrove MP Mark Warawa weighed in on the decision, saying he is 鈥渟urprised by the Supreme Court鈥檚 decision in these two cases.
鈥淐onservatives are calling on law societies across the country to admit graduates who exercise their Charter right to freedom of religion and expression,鈥� Warawa said in a statement issued Friday.
鈥淚 worry that these decisions will erode our right to believe and express those beliefs in Canada.鈥�
A news release from B.C.鈥檚 Ministry of Advanced Education, Skills and Training stated that while the office will need time to review the rulings, 鈥渋t appears consistent with our government鈥檚 values. Our government continues to work to build a just and inclusive province where all feel welcome, regardless of their sexual orientation, gender identity, race, religion or background.鈥�
