Vancouver Sun

Religion has no place in the practice of law

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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

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