Religion has no place in the practice of law
Re: Nova Scotia court savages lawyers for refusing to accredit Trinity Western law school, Opinion, Jan. 29
The Nova Scotia Supreme Court finding that in effect supports Trinity Western University’s sexual conduct rules sends a clear message for action in B.C. That (unintended) message is for our elected politicians to take the bold and definitive action required to resolve the current legal quandary.
By continuing to not recognize graduates of a proposed Christian law school, the B.C. Law Society has highlighted an issue at TWU in Langley that warrants a statutory solution.
In B.C., authority to practise law is enabled by the (SBC 1998) Legal Profession Act. With few exceptions the practice of law is limited to lawyers who are members of the Law Society which is (with limits) a self-regulating body. It is, however, important, to note that the overarching authority to practice law in B.C. is granted by the provincial government.
Fundamental considerations in this matter are whether our legal system is, and if so, should continue to be, based on secular principles. Critical is the recognition that the practice of law is an amoral matter that trumps moral considerations. Religiously driven concerns of perceived immoral issues such as LGB sexual orientation must not pre-empt our secular justice system.
By incorporating religion to a meaningful degree in Canadian law, which is certainly what permitting a law school to impose a religiously driven moral code on its law students is, has inherent risks, particularly given our changing Canadian demography.
B.C.’s minister of advanced education should be urged to revoke TWU’s authority for a law school. He and the attorney general should, seeking legal subject-matter expertise (such as that from the solicitors’ legal opinions committee of B.C.), issue joint-ministry drafting instructions for corrective and secularly focused amendments to the B.C. attorney general, and/ or advanced education statutes. We need the political leadership to enable the secular solution for the controversial TWU Christian fundamentalism issue.
RON JOHNSON
Victoria