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A legal win for Trinity Western law school in Langley

Nova Scotia Court of Appeal ruling means TWU lawyers could work there
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A ruling by the Nova Scotia Court of Appeal that a provincial association of lawyers was wrong to boycott the proposed Trinity Western University (TWU) law school was a victory for religious freedom, the Langley-based private Christian university said.

"Everyone, religious or not, should celebrate this decision, which amounts to a protection of our freedom and our identity,” university spokesperson Amy Robertson said.

The July 26 decision found the Nova Scotia Barristers’ Society went beyond its authority in 2014 when it refused to recognize TWU law graduates.

The case went to the appeal court when the barristers’ society sought to overturn a Supreme Court of Nova Scotia decision that took the same position.

Like the lower court, the appeal court ruled the society went too far when it rejected TWU graduates on the basis of the school’s admissions policy.

At issue was the TWU community covenant, which requires students and staff to promise to abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman."

The appeals court ruling noted the covenant also "prohibits harassment based on sexual orientation" and mentions that the TWU student body includes LGBTQ students.

“The community covenant is a core part of defining the TWU community as distinctly Christian,” Robertson said.

“We are not making a statement about LGBTQ people, we are making a statement about traditional Christian marriage, which is sacred to us. The same covenant calls for all members of the TWU community to respect the dignity of others regardless of their background. Loving one another without exception is one of the most important principles of the Christian faith.”

The appeals court ordered the society to pay the respondents, TWU and Brayden Volkenant (who was described as a "prospective law student") appeal costs of $35,000.

The TWU law school was approved by the B.C. advanced education minister in 2013.

The approval was rescinded in 2014 after it generated considerable controversy and several court actions.

Most recently, in June, the Ontario Court of Appeal ruled that while the Law Society of Upper Canada infringed on the university's religious freedom, the covenant was "deeply discriminatory" against the LGBTQ community.

TWU has said it expects the various court cases will end up before the Supreme Court of Canada.



Dan Ferguson

About the Author: Dan Ferguson

Best recognized for my resemblance to St. Nick, I’m the guy you’ll often see out at community events and happenings around town.
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