Supreme Court of Nova Scotia rules in favour of TWU’s proposed law school
Court finds the NSBS did not have the authority to refuse to recognize law degrees from TWU graduates.
It was a victory for Trinity Western University’s proposed law school in Nova Scotia after the province’s Supreme Court ruled in favour of TWU students practising law.
Benchers with the Nova Scotia Barristers’ Society (NSBS) reversed their previous decision not to recognize the graduates of TWU’s School of Law on grounds the University’s community covenant that marriage and sexual intimacy remain between a man and a woman.
However, in Trinity Western University v. Nova Scotia Barristers’ Society, Honorable Justice J. Campbell of the Supreme Court of Nova Scotia found that the NSBS did not have the authority to refuse to recognize law degrees from TWU’s proposed School of Law.
In a press release, Bruce Clemenger, president of the Evangelical Fellowship of Canada (EFC) heralds the decision as an “affirmation of the freedom of religious institutions to provide quality education in an ethos in keeping with their religious tradition,” adding, “religious institutions have a long history of contributing to the public good of Canada and make up an important part of the Canadain mosaic.”
In his decision, Justice Campbell writes, “Learning in an environment with people who promise to comply with the code is a religious practice and an expression of religious faith. There is nothing illegal or even rogue about that. That is a messy and uncomfortable fact of life in a pluralistic society. Requiring a person to give up that right in order to get his or her professional education recognized is an infringement of religious freedom.”
Clemenger comments, “There was no evidence that graduates of the proposed law school would not be academically qualified or that they would be more likely to discriminate. The judge said the power of the state should not be used to force a private institution to change a legally protected policy because of an objection based in a different value system.”
Justice Campbell clarified the role of the Charter as, "The Charter is not a blueprint for moral conformity. Its purpose is to protect the citizen from the power of the state, not to enforce compliance by citizens or private institutions with the moral judgments of the state.”
The EFC intervened in this case along with Christian Higher Education Canada (CHEC), an association of Christian higher education institutions. TWU is an affiliate of the EFC and a member of CHEC. For additional resources on the joint EFC and CHEC intervention in Trinity Western University v. Nova Scotia Barristers Society including the factum, visit www.theEFC.ca/TWUlaw.
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