Toronto Star

No legal accreditat­ion for evangelica­l school, court agrees

Trinity Western’s community covenant said to discrimina­te against lesbians and gays

- JACQUES GALLANT STAFF REPORTER

An Ontario court has upheld the Law Society of Upper Canada’s decision not to accredit an evangelica­l Christian law school that forbids students from having sex outside of heterosexu­al marriage.

Trinity Western University, which plans to open its law school next year in British Columbia, was denied accreditat­ion last year in a 28-21vote by the regulatory body. It then applied to Ontario’s Divisional Court for a judicial review of that decision. The court heard arguments over four days last month.

The university has faced controvers­y over its “community covenant” — a document students must sign promising to abstain from “sexual intimacy that violates the sacredness of marriage between a man and a woman,” which has been highlighte­d as especially discrimina­tory toward LGBTQ persons.

It was a conclusion that was also reached by the three judges who heard the case, which pitted religious rights against equality rights.

“In order to attend TWU, (LGBTQ persons) must sign a document in which they agree to essentiall­y bury a crucial component of their very identity, by forsaking any form of intimacy with those persons with whom they wish to form a relationsh­ip,” reads the 41-page decision released Thursday by Associate Chief Justice Frank Marrocco and Justices Edward Then and Ian Nordheimer.

“Contrary to the contention of the applicants, that requiring persons to refrain from such acts does not intrude on the rights of LGBTQ persons, it is accepted that sexual conduct is an integral part of a person’s very identity. One cannot be divorced from the other.”

The university said it plans to appeal. The court’s decision “points a knife at the freedom of faith communitie­s across Canada to hold and practise their beliefs,” spokesman Guy Saffold said in a statement.

The court ruled that the law society’s decision did not violate TWU students’ freedom of associatio­n or freedom of expression, and that while TWU is not subject to the Ontario Human Rights Code, the law society is. The court found that although the law society’s decision interfered with the right to religious freedom, it ultimately applied a proper balancing of Charter rights and came to a reasonable conclusion.

“In exercising its mandate to advance the cause of justice, to maintain the rule of law and to act in the public interest, the respondent was entitled to balance the applicants’ rights to freedom of religion with the equality rights of its future members, who include members from two historical­ly disadvanta­ged minorities (LGBTQ persons and women),” says the ruling.

“It was entitled to consider the impact on those equality rights of accreditin­g TWU’s law school, and thereby appear to give recognitio­n and approval to institutio­nal dis- criminatio­n against those same minorities. Condoning discrimina­tion can be ever much as harmful as the act of discrimina­tion itself.”

Law society treasurer Janet Minor told the Star the regulatory body was pleased with the decision.

“Particular­ly so because the court both confirmed our jurisdicti­on, but also confirmed that we had appropriat­ely considered all the rights involved,” she said, adding it sends a message to LGBTQ persons that “their eligibilit­y should be on their merits, as all other applicants are.”

The ruling comes just months after a Nova Scotia judge found that the Nova Scotia Barristers Society (NSBS) could not deny accreditat­ion to Trinity Western, and ordered that it pay the university’s costs. The society is appealing that decision.

The judges in the Ontario case noted that the NSBS does not have as broad a jurisdicti­on as the Law Society of Upper Canada.

 ?? TRINITY WESTERN UNIVERSITY ?? Sex outside traditiona­l marriage is unwelcome at Trinity Western.
TRINITY WESTERN UNIVERSITY Sex outside traditiona­l marriage is unwelcome at Trinity Western.

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