The Divisional Court today dismissed the application of Trinity Western University (TWU) for a judicial review of the Law Society’s decision to deny accreditation of TWU’s proposed law school.
We are pleased the Court confirmed the Law Society's jurisdiction, and that Convocation’s decision is a reasonable one.
The Honourable Associate Chief Justice Marrocco, The Honourable Justice Then and The Honourable Justice Nordheimer noted that, “In making its decision, the respondent (Law Society) was required to follow the statutory authority that was given to it by the Law Society Act pursuant to which it is directed to exercise ‘its functions, duties and powers,’ in the public interest and to maintain and advance the cause of justice and the rule of law. The respondent was uniquely qualified to determine how the public interest, as it relates to the regulation of the legal profession in this Province, would be best advanced.”
As well, they noted, “In exercising its mandate to advance the cause of justice, to maintain the rule of law and to act in the public interest, the respondent was entitled to balance the applicants’ rights to freedom of religion with the equality rights of its future members, who include members from two historically disadvantaged minorities (LGBTQ persons and women).”
They also said, “neither freedom of expression nor freedom of association is infringed by the respondent’s decision.”
Janet E. Minor
Treasurer, The Law Society of Upper Canada