What’s Going on with those Trinity Western University Cases?

It may be difficult to follow the numerous cases dealing with Trinity Western University. Just last week we reported that Ontario’s highest court upheld the refusal of the Law Society of Upper Canada to accredit the school: Trinity Western University v. The Law Society of Upper Canada, 2016 ONCA 518.

However, late last month, in The Nova Scotia Barristers’ Society v Trinity Western University, 2016 NSCA 59, the highest court in Nova Scotia appeared to reach the opposite conclusion. To be fair, the two decisions are different. In Nova Scotia the regulator enacted provisions that allowed it to adjudicate whether the school breached the Nova Scotia Human Rights Act. The Court was concerned with this approach as only courts should make formal declarations of this sort. Also, the wording of the provision appeared to give the regulator powers to give directions to the out-of-province educational program rather than to simply assess the suitability of the applicants for registration. Interestingly, the court in Nova Scotia did not even address the Canadian Charter of Rights and Freedoms that played such a significant role in the Ontario Court of Appeal decision.

Thus, the two decisions may not even be inconsistent. However, it is likely that the broader issue will go to the Supreme Court of Canada which will be interesting, not only for the legal and societal values in issue, but also because in 1998 that Court sided with Trinity Western University when a similar issue arose in respect of its teaching program.

More Posts

Safeguarding

Most regulators screen complaints and reports as they arrive to assess the degree of risk presented and to prioritize matters appropriately. The UK regulator for

More on the Mandate of Regulators

The mandate of regulators is an increasingly contentious topic. At its core, the issue is whether regulators should define their public interest mandate as going

Screening Appointments

The appointments made by regulators are important. These include the selection of the regulator’s Registrar and/or CEO, appointments to committees (e.g., a discipline tribunal) and,