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

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



Facts
Trinity Western University established a teaching program. The last year of the teaching program was conducted at Simon Fraser University. Trinity Western University applied to the British Columbia College of Teachers for permission to complete the full program at Trinity Western university, rather then sending the students in the program to Simon Fraser university for the last year. The British Columbia College of Teachers refused Trinity Western Universities request because it is contrary to the public interest to allow a school to engage in discriminatory practices. The discriminatory practices proposed, stemmed from the Trinity Western University's "Community Standards" document. The "Community Standards" document refrained signee's from practices that are biblically condemned; including sexual sins such as homosexual behaviour. Trinity Western University required all students attending to sign this document.



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.

3.	Main analysis o	Issue: o	Need to reconcile equality right and right to religious freedom o	Religious freedom: religious freedom of those who want to attend TWU (para 28) o	Equality rights: Equality concerns of students in BC’s public school system, parents, and society generally (para 27, 28) o	Court: o	Religious freedom vs. equality rights •	Neither freedom of religion nor the guarantee against discrimination based on sexual orientation is absolute (para 31) •	Charter must be read as a whole. All rights are equal. (para 31) •	When there are conflicts, must seek a balance that respects the importance of both sets of rights (para 29, 31) o	Religious freedom •	Although the freedom of belief may be broad, the freedom to act upon those beliefs is considerably narrow (para 30) o	Having certain beliefs is not the same as acting upon them. o	Teachers from TWU can have religious beliefs. It they act in a discriminatory way, BCCT can discipline them. But cannot discipline them for simply having certain beliefs. o	Not enough evidence to suggest teachers trained by TWU would not be qualified (para 32, 33) •	S.93 of the Constitution Act 1867 enshrined religious public education rights into our Constitution (para 34) •	Human Rights Act s.19 o	Religious institution is not considered to breach the Act where it prefers adherents of its religious constituency (para 35) •	Cannot say that private institutions are protected by s.93 of the Constitution Act and the Human Rights Act but their graduates are unworthy in public services. (para 35) •	TWU doesn’t prevent homosexuals from becoming teachers. Homosexuals are just discouraged from attending TWU. (para 35) o	 Equality rights •	Teachers are a medium for the transmission of values •	Canada is diverse → must be understood by teachers •	Need to respect and promote minority rights •	Schools need to be free of bias, prejudice, intolerance