After repeated court losses the legal society decides to accept TWU grads

Craig Macartney
Spur Ottawa Writer

The Nova Scotia Barristers’ Society (NSBS) announced Monday that they would not appeal to the Supreme Court in their fight against Trinity Western University (TWU). Their decision followed a ruling from the province’s Court of Appeal upholding an earlier ruling that determined the Society was infringing on TWU’s freedom of religion by refusing to accredit the proposed law school.

“We’re pleased that the Nova Scotia Barristers’ Society is going to honour the court’s decision,” states TWU spokeswoman Amy Robertson. “As Justice Campbell affirmed, the freedom to believe in God—or not—and practise accordingly is a vital right not just for faith communities, but all Canadians. This is an important step in maintaining that freedom.”

NSBS refused to accredit the school because they object to TWU’s community covenant. The covenant includes a commitment to abstain from sex outside of the biblical definition of marriage. The legal societies of Ontario and British Columbia also objected, saying the covenant discriminates against homosexuals.

“Essentially what is happening is that the law societies are trying to coerce us into changing what we believe.”

So far the case has been heard in the Supreme Courts and Courts of Appeal in all three provinces. The Ontario courts both ruled against TWU, although TWU was not ordered to pay legal fees. B.C.’s Supreme Court ruled in favour of TWU. Their Court of Appeal heard the case in June, but has not yet released their verdict. Both rulings in Nova Scotia sided with TWU, awarding the school a combined $105,000 in legal fees.

Earl Phillips, Executive Director of TWU Law, says although it is normal for the loser to pay partial costs, the awards are worth noting.

“In my understanding, those are fairly generous cost awards in Nova Scotia. It doesn’t cover all of Trinity Western’s costs, but it is not an insignificant amount of money.”

Targeting Evangelicals

“This case is about far more than a law school,” Robertson states. “This is about freedom for all Canadians. Essentially what is happening is the law societies are trying to coerce us into changing what we believe and how we practise our faith.”

One point that underscores this targeting is a Supreme Court ruling in TWU’s favour, in a similar case, about the same part of their community covenant, in 2001.

“The law societies would like us to believe that the cases are different,” Robertson says, “but in actual fact they are not. The Supreme Court of Canada ruled in 2001 that the admission policy does not indicate discrimination. It also ruled that TWU graduates would be no more likely to discriminate than anyone else. Certainly, over the last 15 years, Trinity Western graduates have shown themselves to be nothing but the best of professionals.”

TWU is currently appealing the Ontario decisions to the Supreme Court. She says the school is quite confident their freedoms will ultimately be upheld.

Robertson believes this case will have a profound impact on Christians over the coming decade. She says the three societies are, in effect, trying to dictate what constitutes core Christian values.

Robertson is confident their freedoms will ultimately be upheld.

“That’s beyond their scope of your expertise,” she argues. “I do think there is a desire to suppress Evangelical views. They would like us to conform to popular opinion and to agree with them. We see this as a problem because Canada is meant to be a diverse, pluralistic society.”

Kristin Debs, a legal counsel for the Evangelical Fellowship of Canada (EFC), agrees that this case is incredibly significant. The EFC was one of several ministries to intervene on TWU’s behalf.

“The outcome of [these] decisions will play a significant role in determining how far Canada is willing to go in respecting or limiting the Charter rights of religious freedom.

“The outcomes could affirm the right to religious expression in the public square. On the other end, they could take our society in a direction where the state imposes its own views upon its citizens through its policies.”

Stand with TWU

Robertson says there are several ways Christians can support TWU.

“One is to comment in the media and on social media. When the media shares stories on Facebook and Twitter, add your voice. Tell people that we are a safe place for all people. Let people know about the quality of our graduates. Write opinion pieces in the media. That can be very influential.”

Debs says another way to support is by donating to TWU or the ministries that intervened, which often have very limited budgets.

Both Debs and Robertson especially ask believers to pray for their rights to be upheld and for religious freedom in Canada. TWU set up a website to encourage prayer and help believers stay informed. You can sign up at PrayForFreedom.ca