Summary of Decision by BC Court of Appeal. Full decision here:http://www.courts.gov.bc.ca/jdb-txt/ca/16/04/2016BCCA0423.htm
A commentary will follow later today:
COURT OF APPEAL FOR BRITISH COLUMBIA Citation: Trinity Western University v. The Law Society of British Columbia, 2016 BCCA 423 Date: 20161101 Docket: CA43367
The Law Society decided not to approve a law school at TWU because students attending TWU must sign a Community Covenant which does not recognize samesex marriage. TWU sought judicial review. The decision was set aside by the chambers judge. The Law Society appealed. Held: Appeal dismissed.
The issue on appeal is whether the Law Society met its statutory duty to reasonably balance the conflicting Charter rights engaged by its decision: the sexual orientation equality rights of LGBTQ persons and the religious freedom and rights of association of evangelical Christians. The Benchers initially voted to approve TWU’s law school. That decision was met with a backlash from members of the Law Society who viewed it as endorsement of discrimination against LGBTQ persons. The Benchers decided to hold a referendum and to be bound by the outcome. A majority of lawyers voted against approval. The Benchers then reversed their earlier position and passed a resolution not to approve TWU’s law school.
In doing so, the Benchers abdicated their responsibility to make the decision entrusted to them by the Legislature. They also failed to weigh the impact of the decision on the rights engaged. It was not open to the Benchers to simply adopt the decision preferred by the majority. The impact on Charter rights must be assessed concretely, based on evidence and not perception.
The evidence before the Law Society demonstrated that while LGBTQ students would be unlikely to access the 60 additional law school places at TWU’s law school if it were approved, the overall impact on access to legal education and hence to the profession would be minimal. Some students who would otherwise have occupied the remaining 2,500 law school seats would choose to attend TWU, resulting in more options for all students. Further, denying approval would not enhance access to law school for LGBTQ students.
In contrast, a decision not to approve TWU’s law school would have a severe impact on TWU’s rights. The qualifications of students graduating from TWU’s law program would not be recognized and graduates would not be able to apply to practise law in British Columbia. The practical effect of non-approval is that TWU cannot operate a law school and cannot therefore exercise fundamental religious and associative rights that would otherwise be guaranteed under s. 2 of the Charter.
In a diverse and pluralistic society, government regulatory approval of entities with differing beliefs is a reflection of state neutrality. It is not an endorsement of a group’s beliefs.
The Law Society’s decision not to approve TWU’s law school is unreasonable because it limits the right to freedom of religion in a disproportionate way — significantly more than is reasonably necessary to meet the Law Society’s public interest objective.
More to come…..
- Will Lawyers In Canada Soon Face A Religious Test? The Hypersensitive Response Over Canada’s First Openly Christian Law School
- BC Law Society Approves TWU Law School Graduates
- The Cold Chill of the Legal Profession’s Rejection of Religious Freedom
- A Referendum On Religious Freedom
- Lawyers’ Referendum Not Just About TWU – It’s About Our Commitment To The Rule Of Law
- Called To Participate, But Not At The Table
- Hearing Update On Trinity Western University v. Nova Scotia Barristers’ Society
- Breaking News Supreme Court of Nova Scotia rules in favour of Trinity Western University …. more to come
- Space Enough For All: Nova Scotia Supreme Court Makes Decision on Trinity Western University Law School
- The Strange Case of Nova Scotia Barristers’ Society Appeal of the TWU Ruling
- CCCC Granted Intervener Status In TWU Case in British Columbia
- The Onward March of TWU: Next Step The Court of Appeal
- Trinity Western University and the Legal War of Attrition: Isn’t It Time To Let Diversity Flourish?
- Charitable Status of Un-Popular Opinion
- CCCC Denied Intervener Status at Ontario Court of Appeal
- CCCC Granted Intervener Status at the BC Court of Appeal on TWU Case
- Sending a Message to TWU: Your Graduates Need Not Apply
- Recent Happenings: CCCC Files Factum At BC Court of Appeal; Bussey appears on TV
- CCCC at the British Columbia Court of Appeal
- The Experts Demand Deference: Law Societies & TWU
- The Intolerance of Intolerance: The Outrageous Accusation That TWU’s School of Law Is Related To The Orlando Massacre
- Being On the Right Side of History: Where the Offended Take Away Religious Freedom
- Nova Scotia’s Highest Court Rules in Favour of TWU
- Common Sense Prevails at the Nova Scotia Court of Appeal
- Bussey on John Gormley Show
- Nova Scotia Barristers Society Will Not Appeal
- BC Court of Appeal On TWU
- Developing Story: BC Court of Appeal Rules 5-0 in favour of TWU
- The Decision That Has Changed Everything For TWU
- Law Society of BC Appeals TWU To Supreme Court of Canada
- Bussey in Vancouver Sun: Appeal court ruling on Trinity Western University is a game changer
- The Legal Revolution Against Religion
- Supreme Court Grants Leave On TWU
- Supreme Court Grants 9 But Denies 23 Groups Intervener Status In Landmark Case
- Canadian Council of Christian Charities Granted Intervener Status in TWU Case: The Supreme Court Changes Course On TWU Interveners
- Australian Group Interviews Bussey on Equality and Freedom of Religion
- Bruce Clemenger’s Video Message on TWU Case
- Oral Argument of CCCC on TWU at the Supreme Court of Canada
- June 15 TWU Decision To Be Released
- TWU Loses: Canada’s Religious Freedom Forever Altered
- The Constitutional Promise of Religious Freedom Betrayed
- TWU Drops Mandatory Community Covenant