Law Times - Newsmakers

12 December 2016 THE THORNY ISSUE of Trinity Western University's law school accred- itation by law societies across Canada is headed to the Supreme Court of Canada for consideration. e proposed law school has been at the heart of controversy for its required community covenant with students, which pro- hibits sexual relations outside of heterosexual marriage, and abor- tion. A er engaging in court battles across Canada, the school scored a notable victory in November at the British Columbia Court of Appeal, where fi ve judges found the proposed law fac- ulty had a right to have its graduates accredited by the Law Society of British Columbia. "A society that does not admit of and ac- commodate diff erences cannot be a free and democratic society — one in which its citizens are free to think, to disagree, to de- bate and to challenge the accepted view without fear of reprisal," said the ruling in Trinity Western University v. e Law Society of British Columbia, 2016 BCCA 423. " is case demonstrates that a well-intentioned majority acting in the name of tolerance and liberalism, can, if unchecked, impose its views on the minority in a manner that is in itself intolerant and illiberal." In response, the Law Society of British Columbia said it would seek leave to appeal the decision to the Supreme Court. " e Law Society is of the view that this is a matter of national signifi cance," said Law Society of British Columbia president Da- vid Crossin, in a news release. Two other provincial top courts also weighed in. In June, the Court of Appeal for Ontario upheld the Law So- ciety of Upper Canada's refusal to accredit the law school. "[T] he LSUC did not violate its duty of state neutrality by concluding that the public interest in ensuring equal access to the profession justifi ed a degree of interference with the appellants' religious freedoms," said the ruling in Trinity Western University v. e Law Society of Upper Canada, 2016 ONCA 518. "It was entitled to take a position." In response, in September, the university also fi led an applica- tion for leave to appeal that decision to the Supreme Court. "We've been anticipating for some time that we would go be- fore the Supreme Court of Canada," says Amy Robertson, Trinity Western University's spokeswoman. "Right now we're waiting to see whether they'll hear the case. "We're confi dent the Supreme Court justices will ultimately make a decision that upholds core Canadian values." In August, the Nova Scotia Barristers' Society also confi rmed it would not apply for leave to appeal the matter to the SCC. "Each Court of Appeal comes to the issue from a diff erent angle, each illuminating diff erent pathways to a range of possible resolutions the Supreme Court may or may not adopt," says Eu- gene Meehan of Supreme Advocacy LLP. " e [Supreme] Court will have to balance competing Char- ter rights, which these days in particular is no easy task," he says. " e Court can select one of several pathways off ered, or choose to carve out its own." Meehan says the case will clearly end up before the SCC. "As interesting and important a read each Court of Appeal set of reasons is, they are juristic bus stops on the way to the central station, which is where this bus is clearly headed," he says. Lee Akazaki of Gilbertson Davis LLP in Toronto says the SCC "will have to contend with an imperfect record arising from sev- eral provincial bar decisions. "Because the legal profession is his- torically a provincial creature, it is entirely possible that the SCC will declare a patchwork of results, some provinces recognizing TWU's law degree and others not," he says. top stories The battle over Trinity Western University's accreditation Experts predict controversial issue headed to Supreme Court BY GABRIELLE GIRODAY Each issue is packed with unbiased in-depth case analyses, valuable strategies, expert insights and a wealth of information that readers to prepare for cases and manage their practice. Your subscription includes: • 11 issues of print and digital editions • Access to digital archives • Canadian Legal Newswire - Weekly e-newsletter delivered to your inbox The ultimate source for today's legal profession! Subscribe to Canadian Lawyer today for only $99*! Order online at: bitly.com/CanLawyer-Subscription 416.609.3800 I 1.800.387.5164 Access a free preview at: bitly.com/CanLawyer-FreePreview @canlawmag *Plus applicable taxes Untitled-1 1 2016-11-22 8:03 AM

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