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2014 top news, newsmakers, and cases 11 TriniTy wesTern UniversiTy's law school has been controversial since its inception. In 2012, the Christian university located in Langley, B.C., submitted a proposal to offer a law degree program beginning in 2016. In 2013, the B.C. Ministry of Advanced Education and the Federation of Law Societies of Canada conditionally approved the proposal. Final approval rested with provincial law societies. Most of the country's provincial law societies initially followed the lead of the federation and the ministry with the excep- tion of the Law Society of Upper Canada and the Nova Scotia Barristers' Society. The school's community covenant is what has some members of the legal profes- sion up in arms. Signing the covenant, which asks candidates to abstain from "sexual inti- macy that violates the sacredness of mar- riage between a man and a woman," is a requirement for admission to the law school. The covenant is discriminatory against lesbian and gay members of the law society, opponents argue. Proponents, of course, argue the issue is about religious freedoms as well. The issue sparked vigorous debate across the country. The LSUC, for example, received more than 100 submissions weigh- ing in on the issue. The April 24 vote was 28-21 against accreditation. As for the Nova Scotia regulator, the vote was 10-9 against accreditation unless Trinity Western dropped the covenant or allowed students to opt out. Trinity Western and its supporters argue their right to freedom of religion, including that of people of the same faith to establish educational institutions and exclude those who don't share their views. Excluding Trinity Western graduates from admis- sion to the bar violates their right to their religious beliefs and discriminates against them on the basis of religion, they argue. The group also cites a Supreme Court of Canada win for their cause on a related issue in Trinity Western University v. British Columbia College of Teachers. The top court sided with Trinity Western in its 2001 deci- sion. It held that without concrete evidence that graduates would discriminate when they entered the teaching profession, the law would respect freedom of religion. Opponents argue the 2001 decision dates back to a different social climate and suggest the law and public sentiment have evolved to be more sensitive to gay rights in the intervening years. They also argue the evidence, issues, and arguments arising this time around would be different. In the meantime, there has been a lot of legal action from both sides. Earlier this year, Trinity Western launched a court chal- lenge against both the LSUC and the Nova Scotia regulators for denying accreditation. The case, launched in May, is ongoing with start dates of Dec. 16, 2014, and Jan. 19, 2015, respectively. While the Law Society of British Columbia initially voted in support of the program, it recently reversed that decision. Despite that development, the B.C. Ministry of Advanced Education hasn't rescinded its approval as it had suggested it would do when it gave conditional approval. Clayton Ruby and his firm, Ruby Shiller Chan Hasan, joined forces with lawyers from Vancouver-based Janes Freedman Kyle Law Corp. to sue Minister of Advanced Education Amrik Virk and Trinity Western after the university asked to join on the side of the government. That hearing was to begin Dec. 1. top stories By mallory hendry Benchers of the Law Society of Upper Canada voted 28-21 against accreditation. Trinity Western University a major controversy in 2014 Legal challenges proliferate as law societies grapple with difficult issue The title insurer that puts you front row, centre Putting the legal community front and centre has made us the #1 choice with Canadian lawyers for over a decade. At Stewart Title, we keep real estate transactions where they belong – in your office! 1-888-667-5151 or www.stewart.ca Untitled-3 1 11-11-17 4:02 PM