Vancouver, B.C.- The Law Society of British Columbia, the governing body for lawyers in B.C. has decided to  approve  Trinity Western University’s application  for accreditation  for its  law program  graduates for admission to the bar.

Trinity Western is a privately funded University in Langley and has  already  been approved by  B.C.’s Ministry of Advanced Education  and  by the Federation of Law Societies of Canada. 

At issue with this  faith based law program  is a  university  community covenant that prohibits ““sexual intimacy that violates the sacredness of marriage between a man and a woman.”  Critics say  that  covenant  is discriminatory  on the basis of  sexual  orientation and is akin to saying  Gay, Lesbian, Bisexual and trans-sexuals need not apply.   Others counter that  to deny TWU based on that covenant is  discriminatory  in itself  because it  violates the  right to freedom of religion.

The resolution put before the  Law Society called for  the denial  of TWU’s application.

In a 20-6   vote,  the  Law Society of B.C. has voted  against the resolution,  thereby  approving  the TWU  program, but  Law Society  Benchers (those on the governing body) clearly wrestled with the issue.

Some argued the  graduate  applying to  the Law Society for  admission to the bar,  should be  judged on their own merits, not on the issues of the school they attended.

In voting in favour of accreditation, the Law Society’s David Mossop argued the decision must be based on  the laws of the land, and the current laws  say  TWU has  the right to  have such  a covenant.  He then turned to the representatives  from TWU and  said “You have the right to have a covenant, that is the law, but just because you have the right doesn’t mean you have to use it.” 

Cameron Ward said “making people feel unwelcome based on a characteristic is repugnant”.  He said TWU had been asked to remove the covenant,  but refused  “Well if TWU can be stubborn enough to refuse,  then I will be just as stubborn and vote in favour of the  resolution.”

“The right to assemble,  and the right to freely and openly practice religious belief is a fundamental  right in this country that is to be jealously guarded, not on  behalf of TWU, but for,  and on, behalf of the public  and citizens of this province” said  Bencher David Crossin.  He noted that the goals of TWU  may be  viewed as  “out of step and offensive”  but added that doesn’t  mean there should be a response that side steps that fundamental Canadian  freedom.  “In order to either punish TWU for its value system or force it to replace it.  in my view , to do so, would undermine freedom of religion for all and to  do so would be a dangerous  over extension of institutional power.”

In voting against the resolution,  Bencher Ken Walker  said  “Let it be clear, I support diversity, equality and tolerance” he then  added  “The Law Society is not a belief regulator,  we are a conduct regulator, and we will  regulate conduct.”