Colliding Rights in the Schools: Trinity Western University v. The British Columbia College of Teachers

Abstract

The Supreme Court of Canada's 2001 adjudication of the Trinity Western University v. British Columbia College of Teachers case established a framework for resolving disputes involving colliding Canadian Charter of Rights and Freedoms rights. The Court held that administrative bodies may consider discriminatory practices, but that their decisions must be fully and correctly justified using actual evidence, and give due regard to religious rights. The Court ruled that religious belief alone may not be the basis to deny the right to a government benefit or to full participation in Canadian society. However, the Court broadened the application of the Charter by allowing administrative tribunals to consider Charter values in making rulings about institutions that are not subject to Charter scrutiny but do prepare professionals to serve in the public square. The paper concludes by discussing the implications of this decision for a pluralistic democracy.