Court finds B.C. law society was 'intolerant'
By Agnieszka Krawczynski
The B.C. Catholic
The B.C. Court of Appeal has found in favour of Trinity Western University in the latest ruling on the university's proposed law school.
The court dismissed an appeal from the Law Society of British Columbia Nov. 1, calling the society's decision not to approve TWU's law school "unreasonable" because "It limits the right to freedom of religion in a disproportionate way."
"This case demonstrates that a well-intentioned majority acting in the name of tolerance and liberalism can, if unchecked, impose its views on the minority in a manner that is in itself intolerant and illiberal."
TWU has been in court with law societies of various provinces since 2014.
Under the microscope is TWU's Community Covenant, that binds faculty and students to live Christian lives while at the university. At issue is a line that says all must abstain from sex outside marriage between a man and a woman.
The law society initially approved the law school, then reversed its decision and called the covenant discriminatory toward potential LGBT students. TWU filed legal action.
The issue went to the B.C. Supreme Court, which found in favour of TWU. The society appealed that decision; this is the appeal dismissed Nov. 1.
"On one side are the rights, freedoms, and aspirations of lesbian, gay, bisexual, transgendered, and queer persons and their place in a progressive and tolerant society," the court stated.
"On the other are the religious freedom and rights of association of evangelical Christians who sincerely hold the beliefs described in the covenant and nurtured by TWU."
It ruled that the law society did not fairly balance these rights or have concrete evidence that the law school would discriminate against LGBT students. In fact, TWU's proposal would add 60 seats to the existing 2,500 seats for aspiring Canadian lawyers and "is likely to result in an enhancement of opportunities for all students."
The law society has not said whether it will appeal the decision further. Thanks to law societies or court battles, TWU's law school has found favour in Alberta, New Brunswick, Nova Scotia, Saskatchewan, P.E.I, and the Yukon.
In Ontario the court of appeal and law society have ruled against TWU, a decision the university will take to the Supreme Court.