The Supreme Court of Canada has ruled that law societies may deny accreditation to a Christian law school [1] because of its Christian-based, campus code of ethics. Trinity Western University’s law school asks students and faculty to follow its “Community Covenant” based on biblical views of appropriate sexual behaviour on campus. This covenant was deemed discriminatory by some law societies, leading to a denial of accreditation.
While six Canadian provinces agreed to recognise the school’s graduates, Ontario denied recognition and Trinity Western appealed. In British Columbia, the local law society appealed. The British Columbia Court of Appeal ruled in favour of Trinity Western and stated that this case demonstrated how “a well-intentioned majority acting in the name of tolerance and liberalism, can, if unchecked, impose its views on the minority in a manner that is in itself intolerant and illiberal.” After the law society appealed, the Supreme Court heard both appeals together in December 2017. Last Friday they ruled in favour of the denial of accreditation. Two justices, Russell Brown and Suzanne Côté, dissented, expressing the view that “legislatively accommodated and Charter-protected religious practices, once exercised, cannot be cited by a state-actor as a reason justifying the exclusion of a religious community from public recognition.”