Course:Law3020/2014WT1/Group U/Summary Of Case

= Trinity Western University v. British Columbia College of Teachers =



Facts
Trinity Western University (TWU) established a teaching program. The program required students to finish the last year of the program at Simon Fraser University. TWU applied to the British Columbia College of Teachers (BCCT) for permission to hold the full program at TWU. The BCCT refused TWU's request on the basis that the program is contrary to public interest. TWU required all students to sign a "Community Standards" document. This document requires signees to refrain from practices that are biblically condemned, including engagement in homosexual behaviour. The BCCT argues that the "Community Standards" is discriminatory and it is contrary to public interests to allow a school to engage in discriminatory practices.



Issues
1) Does s.4 of the Teaching Profession Act give the British Columbia College of Teachers the authority to restrict programs on the basis of discrimination?

2) Was the decision of the British Columbia Council of Teachers justified?

3) How to reconciling the freedom of religion with the right to equality in this situation?

Analysis
Does s. 4 of the Teaching Profession Act give the British Columbia College of Teachers the authority to restrict programs on the basis of discrimination?

Trinity Western University argued that the British Columbia College of Teachers was not created to to render judgments on religious beliefs, the enforcement of human rights, nor the eradication of discrimination. S. 4 of the Teaching Profession Act was created to make sure that teachers are properly trained, competent and of good character. The British Columbia College of Teachers argued that teaching programs must reflect human right values. One of the goals of the Teaching Profession Act is to ensure teaching programs prepare future teachers for the public school environment, particularly for the diversity of public school students.

The court decided that teachers are a medium for the transmission of values. Due to Canada being a diverse country teachers must understand this diversity. Teachers will be required to respect and promote minority rights. Teachers will be required to do this in a manner free of bias, prejudice, and intolerance. Therefore the court concluded that s. 4 of the Teaching Profession Act is not limited to the determination of skill and knowledge. S. 4 of the Teaching Profession Act does have jurisdiction to consider discriminatory practices; such as the dealings with the Trinity Wester University application.

Was the decision of the British Columbia Council of Teachers justified?

In determining whether the British Columbia Council of Teachers is justified the courts looks to the standard of review, and if there was any evidence of discrimination. The court determined the standard of review was the Standard of Correctness. They concluded that the British Columbia College of Teachers does not have the expertise to analyze human rights, nor is the British Columbia College of Teachers the only government actor entrusted with policy development. Therefore the majority of the Supreme Court of Canada determined that the good character of teachers, which the British Columbia College of Teachers has the ability to review, cannot be expanded into an evaluation of religious belief, freedom of association nor the right to equality.

In determining whether there was any evidence of discrimination by Trinity Western University trained teachers to students looked to the purpose of Trinity Western University. The court determined that Trinity Western University was designed to heed the needs of people who share a number of religious convictions. The court found that the "Community Standard" document was not sufficient to establish discrimination. The voluntary adoption of a code of conduct based on a person’s own religious beliefs, in a private institution, is sufficient to engage s.15 would be inconsistent with freedom of conscience and religion, which co-exist with the right to equality.

How to reconciling the freedom of religion with the right to equality in this situation?

This case deals with a clash between the freedom of religion, of those who want to attend Trinity Western University, and the equality rights, of students in British Columbia's public school systems, parents, and society generally. To reconcile these rights a common ground should be found. Neither of the freedom of religion nor equality rights are absolute. Both of these rights are enshrined in the Canadian Charter of Rights and Freedoms, and all rights are equal under the Charter.

When the court looked to the Freedom of Religion they determined the beliefs were considerably narrow. This was justified because having these beliefs does not mean that the individual must act on them. The court determined that the British Columbia College of Teachers did not need to restrict the freedom of religion at this point. The right to equality, in respect to this situation, appears to be very broad. It is important to emphasize that teachers are a medium for the transmission of values. Teachers need to respect and promote minority rights. Furthermore, schools need to be free of bias, prejudice, and intolerance. The court concludes that rather then restrict the freedom for potential discrimination the British Columbia College of Teachers can discipline only those teachers that to act in a discriminatory way.

Holding
Therefore the majority of the Supreme Court of Canada concluded that the British Columbia College of Teacher's was not justified in rejecting Trinity Western Universities request to hold the full teaching program at trinity Western University.