Difference between revisions of "Course:Law3020/2014WT1/Group U/Summary Of Case"
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=== Analysis === | === Analysis === | ||
| + | Does British Columbia College of Teachers | ||
| + | |||
| + | TWU: | ||
| + | o BCCT was not created to render judgement on religious beliefs, enforce human rights, eradicate discrimination | ||
| + | o S.4 “public interest” | ||
| + | • Statutory interpretation: BCCT is limited to establishing whether teachers are properly trained, competent, of good character | ||
| + | o BCCT is not authorized to deal with discriminatory practices (para 12) | ||
| + | o BCCT: | ||
| + | o Teaching programs must reflect human rights value | ||
| + | o Must ensure programs prepare future teachers for the public school environment, particularly for the diversity of public school students (para 11) | ||
| + | o Court: | ||
| + | o Teachers are a medium for the transmission of values | ||
| + | o Canada is diverse → must be understood by teachers | ||
| + | o Need to respect and promote minority rights | ||
| + | o Schools need to be free of bias, prejudice, intolerance | ||
| + | o S.4 is NOT limited to determination of skill and knowledge (para 13) | ||
| + | o Conclusion: | ||
| + | • BCCT has jurisdiction to consider discriminatory practices in dealing with the TWU application (para 14) | ||
| + | |||
=== Ratio === | === Ratio === | ||
Revision as of 14:04, 27 March 2014
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?
Analysis
Does British Columbia College of Teachers
TWU: o BCCT was not created to render judgement on religious beliefs, enforce human rights, eradicate discrimination o S.4 “public interest” • Statutory interpretation: BCCT is limited to establishing whether teachers are properly trained, competent, of good character o BCCT is not authorized to deal with discriminatory practices (para 12) o BCCT: o Teaching programs must reflect human rights value o Must ensure programs prepare future teachers for the public school environment, particularly for the diversity of public school students (para 11) o Court: o Teachers are a medium for the transmission of values o Canada is diverse → must be understood by teachers o Need to respect and promote minority rights o Schools need to be free of bias, prejudice, intolerance o S.4 is NOT limited to determination of skill and knowledge (para 13) o Conclusion: • BCCT has jurisdiction to consider discriminatory practices in dealing with the TWU application (para 14)