The Minister's Decision to Allow Trinity Western University's Law School Challenged in Court
TORONTO, April 14, 2014 /CNW/ - On December 17, 2013, the Minister of Advanced Education in British Columbia exercised his discretion to allow Trinity Western University to operate a law school.
To be admitted to the Law School, students are required to sign a Community Covenant. The Community Covenant requires, among other things, that students abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman."
In making his decision to consent to the Law School, the Minister refused to consider whether the Canadian Charter of Rights and Freedoms applied to his decision. Instead, he took the position the application of the Charter is "outside the purview of my Ministry" and should be left to the Court.
Trevor Loke, an openly gay Christian who intends to go to law school, is asking the Court to now decide that question. "I find the Minister's endorsement of TWU's law school humiliating", says Mr. Loke. He says that the Minister was required to consider whether his decision interferes with Charter rights. He says the Minister's failure to do so:
(i) |
violates the Charter value of equality by approving a school that requires all law students to abstain from same-sex intimacy, whether married or not; and |
(ii) |
violates the Charter value of freedom of religion by approving a school that requires all students to adhere to an aspect of Christianity which condemns same-sex intimacy, whether married or not. |
He also says the Minister also should have considered:
(iii) |
that his mandate as Minister of Advanced Education requires him to improve access for law students in British Columbia in an equitable fashion; and |
(iv) |
that Trinity Western's policy violates its own statutory mandate, which requires it to provide an education to students without discrimination on the basis of "any creed". |
Mr. Loke says that had the Minister considered these factors, he could not have granted his consent to Trinity Western's law school.
Mr. Loke has retained the law firms of Ruby Shiller Chan Hasan (Toronto) and Janes Freedman Kyle Law Corporation (Vancouver). "Welcome to the 21st century: this discrimination is simply unacceptable," says Clayton Ruby. "And don't sell religion short by using it as an excuse for this discrimination."
The Minister gave the government's stamp of approval to a law school with a discriminatory admission policy. His stamp of approval is especially troubling given the unique nature of a law degree program. Law school seats are a scarce public resource. Law degrees are the first entry point to the legal profession. Members of the legal profession are afforded a wide range of privileges. Only lawyers can become judges. Therefore, everyone should have equal access to a legal education and the legal profession.
A joint press conference will be held at the offices of Ruby Shiller Chan Hasan (11 Prince Arthur Ave., Toronto) and Janes Freedman Kyle Law Corporation (340 - 1122 Mainland Street, Vancouver) on Monday, April 14th at 1:15pm EST / 10:15 am PST.
SOURCE: Ruby & Shiller
For further information: For more information, please contact Clayton Ruby in Toronto at (416) 964-9664 or Karey Brooks in Vancouver at (604) 687-0549 ext. 102. You may also email Mr. Ruby at [email protected] and Ms. Brooks at [email protected]. For copies of court documents, please go to www.rubyshiller.com and click on "Documents"; they will be uploaded to the website as soon as they are filed with the Court on Monday, April 14th.
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