Law Times

Page 4 March 31, 2014 • Law TiMes www.lawtimesnews.com ore than 100 lawyers, groups, and mem- bers of the public have weighed in on the debate over whether the Law Society of Upper Canada should accredit Trinity Western Univer- sity's planned law school. Students at the private Chris- tian university's law school, set to open in 2015, would have to sign a community covenant with a pro- vision on abstaining from "sexual intimacy that violates the sacred- ness of marriage between a man and a woman." e LSUC has been consult- ing on whether to accredit Trinity Western's law program ahead of Convocation debates scheduled for April 10 and 24. Controversy has centred on the impact of the covenant on the lesbian and gay community. Many of the responses to the LSUC's consultation reflect the concerns. e consultation that ended on Friday attracted more than 100 submissions. Gilbertson Davis LLP lawyer Lee Akazaki's 51-page contribu- tion calls on the LSUC to not ac- credit the school unless it changes or rescinds the covenant. Akazaki wrote: "TWU's community covenant requires, as a condition of admission to the law school, that students col- laborate in an overt practice of systemic discrimination. "Collaboration with such practices denigrates LGBTQ members of the law society and calls into question the ethical soundness of bar candidates who are prepared to sign the covenant to secure a spot in a law school." e covenant is therefore "in- compatible with the education and well-being of modern law- yers as ethical professionals," he wrote in his submission. In a 2001 case, Trinity West- ern University v. British Columbia College of Teachers, the Supreme Court of Canada ruled the col- lege couldn't reject the univer- sity's accreditation on the basis of discrimination. But according to the Crimi- nal Lawyers' Association's sub- mission, the case is distinct from the "more far-reaching" issues facing the LSUC. "Furthermore, since that deci- sion, Charter cases have contin- ued to evolve in keeping with the changing mores of Canadian soci- ety," the association stated. Toronto-based lawyer and consultant John Rider has writ- ten to the LSUC warning the le- gal community not to "shy away" from voicing concerns on the basis that "the university in ques- tion is litigious." Expanding on this to Law Times, he says: "e law soci- ety needs to have the courage to stand up and say the school shouldn't be accredited because they're discriminating against their potential candidates. ey're specifically excluding members of the LGBTQ community." If the university were to bring an action against the LSUC, the regu- lator should "vigilantly fight it," Rider adds. However, Anne-Marie Lan- gan, a lawyer at Rural Legal Services in Sharbot Lake, Ont., believes the law society should grant accreditation. Her submission to the LSUC states: "By not accrediting TWU on the basis that the school pro- motes traditional Christian values about human sexuality, you would be discriminating against those who hold those views and want to attend a school that promotes those values." Christopher Moon, a senior corporate and commercial lawyer at Davis Webb LLP in Brampton, Ont., believes it would be inappro- priate to "punish" graduates on the basis of their school's philosophy. Moon says: "We have a diver- sity of religions that are entitled to have private universities. If the people they put out adhere to the requirements, denying them the entitlement to practice is contrary to where we should stand as a country." A wide range of other lawyers and legal associations have con- tributed to the consultation with most of them speaking against accreditation. Whether Trinity Western graduates could practise in On- tario if the LSUC decided not to accredit the school would de- pend on several factors, a law so- ciety spokesman explained. To be licensed in the province, lawyers must have graduated from an accredited law school. If a Trinity Western graduate were called to the bar in another province and wanted to trans- fer permanently to Ontario and become a member of the LSUC, this "would appear" to be impos- sible under Bylaw 4, the spokes- man said. But that wouldn't prevent a Trinity Western graduate called to the bar elsewhere from providing legal services in Ontario for up to 100 days in a calendar year. ey wouldn't have to advise the law society they were providing legal services on a temporary basis. Trinity Western has already received conditional approval for its proposed program from the Federation of Law Societies of Canada's approval committee. e British Columbia govern- ment has also approved the ap- plication, although the decision may be subject to a court chal- lenge as Toronto law firm Ruby Shiller Chan Hasan has raised more than $15,000 through a crowdfunding campaign to help mount a pro bono case. e goal is to raise $30,000 to pay for disbursements. e Ontario Bar Associa- tion has also entered the debate. On Friday, March 21, its council adopted a motion calling on the LSUC to adopt a "non-discrim- ination requirement" for all cur- rent and future law programs. e motion doesn't indicate the OBA believes Trinity Western's covenant to be discriminatory, al- though it arose "in the context of TWU's request for accreditation," an OBA spokesman said. 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More detail and a wider scope of legal contact information for Ontario than any other source: ȕ 0WFS27,000 lawyers listed ȕ 0WFS9,000 law firms and corporate offices listed ȕ 'BYBOEUFMFQIPOFOVNCFST FNBJMBEESFTTFTPGȮDFMPDBUJPOT BOEQPTUBMDPEFT Includes lists of: ȕ Federal and provincial judges ȕ Federal courts, including a section for federal government departments, boards and commissions ȕ Ontario courts and services, including a section for provincial government ministries, boards and commissions ȕ Small claims courts ȕ Miscellaneous services for lawyers Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation 1FSGFDUCPVOEȕ1VCMJTIFE December each year On subscription $74 One time purchase $77 L88804-626 Multiple copy discounts available Prices subject to change without notice, to applicable taxes and shipping & handling. 2014 ONTARIO LAWYER'S PHONE BOOK Untitled-3 1 13-12-02 7:29 PM BY CHARLOTTE SANTRY Law Times M Lee Akazaki's submission calls on the LSUC to not accredit Trinity Western's law school unless it changes or rescinds its covenant.

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