The Peterborough Examiner

POT BILL STALLED

Conservati­ve filibuster forces all-night session in House of Commons, cancels Friday’s docket //

- JIM BRONSKILL The Canadian Press

OTTAWA — Requiring a person to behave contrary to their sexual identity is “degrading and disrespect­ful,” the Supreme Court of Canada said Friday in ruling that law societies have the right to deny accreditat­ion to a proposed law school at a Christian university.

In a pair of landmark decisions, the high court said law societies in Ontario and British Columbia were entitled to ensure equal access to the bar, support diversity and prevent harm to lesbian, gay, bisexual, transgende­r and queer students.

The cases pitted two significan­t societal values — freedom of religion and promotion of equality — against one another.

Trinity Western University, a private post-secondary institutio­n in Langley, B.C., was founded on evangelica­l Christian principles and requires students to adhere to a covenant allowing sexual intimacy only between a married man and woman. Law societies overseeing the profession in Ontario and British Columbia said they would not licence graduates from Trinity Western because the covenant amounts to discrimina­tion against LGBTQ people. The Court of Appeal for Ontario had upheld the rejection, while B.C.’s top court sided with the university.

In each case, the Supreme Court ruled 7-2 in favour of the respective law society. Among the seven, several different sets of reason were provided. A majority found that the decisions to deny accreditat­ion were reasonable because they appropriat­ely balanced the interferen­ce with the charter right of freedom of religion and the public-interest objectives of the law societies. In the decision concerning Ontario, five Supreme Court justices said the province’s law society interfered only with the university’s ability to operate a law school governed by the mandatory covenant.

“This limitation is of minor significan­ce because a mandatory covenant is not absolutely required to study law in a Christian environmen­t in which people follow certain religious rules of conduct, and attending a Christian law school is preferred, not necessary, for prospectiv­e TWU law students.”

On the other side of the scale, “it is inimical to the integrity of the legal profession to limit access on the basis of personal characteri­stics,” the judges wrote. “This is especially so in light of the societal trust enjoyed by the legal profession.

“The reality is that most LGBTQ individual­s will be deterred from attending TWU’s proposed law school, and those who do attend will be at the risk of significan­t harm.”

In the decision concerning B.C., the same five justices said being required by someone else’s religious beliefs to behave contrary to one’s sexual identity is “degrading and disrespect­ful” and “offends the public perception that freedom of religion includes freedom from religion.”

Janet Epp Buckingham, a Trinity Western professor who helped develop the law school proposal, expressed disappoint­ment. “This is something that has been a dream of mine for 25 years,” she told reporters in the foyer of the Supreme Court building. “We will not be starting a law school in the near future, and we will have to consider our options to determine how we’re going to go forward with this.”

Earl Phillips, executive director of the proposed school, added: “All Canadians should be troubled by today’s decision that sets a precedent for how the courts will interpret and apply charter rights and equality rights going forward.”

Trinity Western proposed the law school in 2012 and received approval to open from the Federation of Law Societies of Canada and the province’s Ministry of Advanced Education. However, the ministry later withdrew approval. The university wanted to ensure its graduates would be eligible to be called to the bar throughout Canada, and therefore applied to the provincial law societies for accreditat­ion.

 ?? DAVID KAWAI THE CANADIAN PRESS ?? Janet Epp Buckingham, director of the Laurentian Leadership Centre, tells reporters she disagrees with the Supreme Court ruling against Trinity Western University that said the law societies of British Columbia and Ontario have the power to refuse accreditat­ion to ensure equal access to the bar for LGBTQ students.
DAVID KAWAI THE CANADIAN PRESS Janet Epp Buckingham, director of the Laurentian Leadership Centre, tells reporters she disagrees with the Supreme Court ruling against Trinity Western University that said the law societies of British Columbia and Ontario have the power to refuse accreditat­ion to ensure equal access to the bar for LGBTQ students.

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