B.C. Appeals Court (Canada) Says Anti-Gay Christian Law School Grads Can Practice in the Province

[rug]

November 2, 2016
by Hemant Mehta

A proposed Christian law school in Canada that would require students to sign a statement saying “sexual intimacy” is only reserved for straight couples has just won a major legal victory, with the British Columbia Court of Appeal ruling that graduates of the school have every right to practice law in the province.

If you need a refresher, Trinity Western University’s proposed law school in British Columbia, currently scheduled to open in 2018, can’t guarantee that graduates will be able to work anywhere in Canada:

Prior to opening its school, the university approached law societies across the country to ensure its graduates would be able to practise law in all provinces. Six law societies — Alberta, Saskatchewan, Manitoba, New Brunswick, Prince Edward Island and Newfoundland and Labrador — have all granted accreditation to the law school

But the law societies in Ontario, B.C. and Nova Scotia have refused accreditation. The university has gone to court in each province to challenge these decisions.

In Nova Scotia, the university won at the provincial Supreme Court level. The Nova Scotia Barristers’ Society appealed that decision to the Nova Scotia Court of Appeal. The appeal was heard in April, and the court has yet to release a ruling.

A B.C. court also overturned the decision by that province’s law society. That decision was taken to the province’s appeal court earlier this month.

That B.C. court finally made its decision yesterday:

On Tuesday morning in Vancouver, the court dismissed an appeal from the law society, which had argued the covenant discriminated against members of the LGBT community.

Instead, the panel of justices ruled that the society’s decision to deny accreditation limits the university’s right to freedom of religion in a disproportionate way.

http://www.patheos.com/blogs/friendlyatheist/2016/11/02/b-c-appeals-court-canada-says-anti-gay-christian-law-school-grads-can-practice-in-the-province/

http://www.courts.gov.bc.ca/jdb-txt/ca/16/04/2016BCCA0423.htm

http://www.twu.ca/academics/schools-faculties/proposed-school-law