Trinity Western University’s Law School: Quo Vadis?
This paper deals with the contentious juridical history involving Trinity Western University’s proposed law school the resistance of the law societies in British Columbia, Nova Scotia, and Ontario to accredit graduates from that proposed school. Issues involving the appropriate standard of legal review, in assessing the legality of the resistance by the three law societies, the balancing of section 2(a) and 15 rights under the Canadian Charter of Rights and Freedoms and the Berlinian perspective of balancing positive and negative liberty in resolving the issue of balancing those Charter rights is addressed. The paper concludes that the resolution of past injustices to a particular class of Canadians, including the possible limiting of law school positions in Canada, ought not to ground a claim for provincial statutory bodies to act against Trinity Western University.
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