I’ll provide a longer post when I have time, but I figured I’d give an update on the ongoing legal battles between Trinity Western University, an evangelical Christian university located in BC, and certain of Canada’s law societies, including those in BC, Ontario and Nova Scotia.
As I’ve written about ad nauseum before, here, here, and here ,the law societies of Nova Scotia, BC and Ontario have refused to accredit TWU over its covenant of community (i.e., Christian) values which refuses to recognize same-sex marriage. As I’ve noted previously, the arguments put forward by opponents of TWU have generally been high on rhetoric but light on legal analysis (i.e., wrong). Apparently, Justice Campbell of the Nova Scotia Supreme Court agrees, because he concluded, in a judgement released earlier today, that the Nova Scotia Barristers’ Society’s refusal to accredit TWU was illegal on the bassis that the decision (i) was unfounded in any legal authority of the NSBS and (ii) violated the Charter of Rights and Freedoms. It’s a long decision (though a pretty well-written one), but for casual readers the first 10-20 pages or so have a nice pithy summary of Justice Campbell’s reasons.
This was an obvious decision which anyone with even a passing familiarity with the NSBS’s statutory authority and the Charter of Rights and Freedoms (and the jurisprudence around TWU thereunder) would have seen coming. Apparently this group excludes a majority of the benchers of the law societies of Ontario, BC and Nova Scotia, and a majority of the members of the BC bar who voted not to accredit TWU. This is a sad commentary on either the intellect or integrity of the legal profession in Canada.