The Nova Scotia Barristers’ Society (NSBS) was struck down in its attempt to deny graduates of a Christian law school the ability to practice law in the province on Jan. 28. The Nova Scotia Supreme Court said the society does not hold the power to force law schools to change its policies.
In April 2014, the society imposed a ban on accrediting Trinity Western University (TWU) graduates until the school removed a line in its community covenant, which all students are required to sign, promising they will abstain from sex outside a heterosexual marriage.
The NSBS has 30 days to decide whether or not to appeal and the school’s legal team is currently preparing for the B.C. and Ontario lawsuits.
The communications department at TWU said “this decision is an important landmark for both public and private universities, as professional bodies, such as the NSBS, may not use its authority to enforce a certain stream of thought.”
“We believe this is an exceptionally important decision from Justice [Jamie] Campbell. It affirms that protection of religious freedom is and must continue to be central value in Canada’s pluralist society,” said Guy Saffold, a TWU spokesperson.
Campbell wrote in the Supreme Court ruling that when it comes to private universities, tolerance must have an element of respect.
“The respect is not for the sometimes apparently closed minded opinions and outdated beliefs of others. The respect is for the basic human dignity of those who hold those views and their rights as Canadian citizens to act according to them, within limits,” he wrote.
The president of the NSBS, Tilly Pillay QC, said they are carefully reviewing the verdict. In a statement, she said, “we appreciate that Justice Campbell dealt with this matter very quickly and comprehensively. We are analyzing the decision and will review it with our legal counsel before we can determine what the next steps might be.”
University of Ottawa professor Constance Backhouse said, “I thought the decision was wrong in law, and that it will most certainly be appealed to the Nova Scotia Court of Appeal, and if necessary, from there to the Supreme Court of Canada.”
