The case presented the classic conflict between the

homosexuality and the charter

canada goose outlet niagara falls Last week, the Supreme Court of Canada delivered its decision in Law Society of British Columbia (LSBC) v. Trinity Western University (TWU), a case that, in the context of a public regulatory decision, pitted religious freedom against equality rights. Law Society did not violate the university freedom of religion in refusing to approve its cheap Canada Goose proposed law program, participation in which required students to sign a covenant not to engage in sexual intimacy outside of marriage between a man and a woman. canada goose outlet niagara falls

canada goose kensington parka uk This Canada Goose Coats On Sale covenant creates discrimination against those who practice homosexuality and, more generally, expresses TWU general institutional hostility towards homosexuality and homosexuals. canada goose kensington parka uk

canada goose outlet toronto Graduates of Canadian law school programs canada goose factory sale qualify for admission to the process through which one can become a lawyer when a law program receives approval from the relevant provincial law society. Law societies are statutory bodies which, among other responsibilities, are mandated to give approval to law programs if satisfied that they provide appropriate professional education. canada goose outlet toronto

canada goose outlet in usa LSBC was faced with deciding if the proposed TWU law program would, in light of the covenant barring homosexual practice, meet its standards for suitable professional legal education. After conducting a referendum of its members, it decided that TWU covenant violated public interest in that it denied equal access to canada goose uk black friday the law profession on the basis of sexuality. Case law under the Charter of Rights and Freedoms has said this is impermissible. Hence, the court Canada Goose sale supported this law society decision. canada goose outlet in usa

canada goose outlet germany TWU practice of requiring staff and students to sign the covenant was following canada goose uk outlet a religious belief that Christianity forbids homosexuality. The case presented the classic conflict between the constitutionally recognized canada goose black friday sale liberty to hold religious canada goose clearance beliefs, and live by them, and the constitutional commitment to avoid inflicting unequal Canada Goose Outlet treatment on people because buy canada goose jacket of basic human characteristics such as gender, race, disability or sexual orientation. canada goose outlet germany

canada goose factory outlet There canada goose clearance sale is no obvious, or necessarily correct, resolution of such conflicts. When they come before a court for resolution, there must be both an canada goose uk shop examination of the appropriateness of the regulatory body reasoning and a weighing of the harm that would be done to each side if the decision were to go against its interest. canada goose factory outlet

canada goose outlet los angeles The court majority approached the first task by agreeing that the law society had a duty to protect public interest and this includes ensuring equal access to the legal profession, preventing harm to aspiring LGBTQ students and, generally, protecting the values of equality and human rights. It did, however, agree that the law society decision interfered with religious belief in a manner that is more than trivial. It went on to say that the law society decision must reflect a sensible balancing of interests. canada goose outlet los angeles

canada goose factory outlet toronto location It uk canada goose agreed with law society decision for three reasons. First, the restriction on access to legal education created by the covenant imposed a serious cost on gays and lesbians seeking access to the legal profession. Second, the law society statutory mandate to serve the interests of the public includes not imposing barriers to access to participation uk canada goose outlet in the administration of canada goose outlet justice. Third, religious freedom and integrity were not fundamentally compromised by disallowing the covenant; religious beliefs canada goose store and practices can still be institutionally promoted without canadian goose jacket barring from participation those Canada Goose Online who are unwilling to swear to match their conduct to those beliefs. canada goose factory outlet toronto location

canada goose outlet new york The canada goose dissenting opinion was based on the claim that the law society buy canada goose jacket cheap should not have considered societal values, but only the adequacy of the legal training that TWU would provide. But law societies are statutory public agencies Canada Goose Parka and, the court said, should not exercise their powers, whatever their narrower purpose, in a way that permits placing discriminatory burdens on persons seeking Canada Goose Jackets to Canada Goose online become lawyers. canada goose outlet new york

canada goose outlet sale Equally, law societies should be careful not to impose unnecessary restrictions on religious liberties. The resolution to this conflict arrived at by the court majority is that the burden of excluding homosexuals from pursuing a route into the legal profession (for some it might be the only route) is more injurious than requiring a university to have a law program in which there will be some who have declined to forswear homosexual practice canada goose coats canada goose outlet sale.

Laat een reactie achter

Visit Us On FacebookVisit Us On PinterestVisit Us On Google Plus