Trinity Western University v The Law Society of British Columbia

Abstract

Administrative law – Legal Profession Act – Lawful application thereof – Constitutional law – Canadian Charter of Rights and Freedoms – Freedom of conscience and religion – Federation of Law Societies of Canada and Minister of Advanced Education approving proposal of private evangelical Christian institution, Trinity Western University (TWU), to offer law degree – Law Society of British Columbia holding binding referendum on approval status of proposed law school based on Society’s opposition to TWU admissions policy – Law Society refusing, pursuant to Law Society Rules, to grant TWU status as approved faculty of law due to University’s code of conduct prohibiting sexual intimacy outside of traditional marriage – Minister of Advanced Education revoking consent to proposed TWU law program – On TWU’s application for judicial review, Supreme Court of British Columbia setting aside decision not to approve law school – Society appealing judicial review – Whether appeal granted – Whether Law Society had statutory authority to refuse approval of law school on basis of admissions policy – Whether Society Benchers unlawfully sub-delegated or fettered their decision-making authority – Whether TWU denied procedural fairness – Whether Law Society’s decision reasonably balanced statutory objectives of Legal Profession Act against TWU’s religious freedom rights under Canadian Charter – Law Society Rule 2-27(4.1) / 2-54(3); Legal Profession Act, SBC 1998, c 9, ss 3, 13, 21(1)(b); Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11; Trinity Western University Act SBC 1969, c 44 s 3(2a)