Trinity Western University’s Law School: Quo Vadis?

  • James Kent Donlevy University of Calgary
  • Dianne Gereluk Werklund School of Education University of Calgary
  • James Brandon Werklund School of Education University of Calgary
  • Peggy Patterson Werklund School of Education University of Calgary
Keywords: Trinity Western University, Canadian Charter of Rights and Freedoms, Standard of Administrative Review.

Abstract

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.

Published
2018-05-17
Section
Articles