Close X
Thursday, October 31, 2024
ADVT 
National

Nova Scotia law society defends decision to bar students from proposed school

Darpan News Desk The Canadian Press, 18 Dec, 2014 10:30 AM

    HALIFAX — The Nova Scotia Barristers' Society has the authority to deny accreditation to graduates from a Christian university in British Columbia that requires students to abstain from sex outside heterosexual marriage, a lawyer for the self-regulating body told a court hearing Thursday.

    Marjorie Hickey told the Nova Scotia Supreme Court that the law society draws its authority from a section in the Legal Profession Act that says the purpose of the society is to "uphold and protect the public interest in the practice of law."

    Hickey told the judicial review hearing that the law society has broader powers than just overseeing the qualifications and conduct of its members.

    She went on to say that the law society imposed the ban on articling students from a proposed law school at Trinity Western University in Langley, B.C., because its requirement regarding heterosexual marriage represents unlawful discrimination against gays and lesbians under the charter and violates the Nova Scotia Human Rights Act.

    "What the barristers' society is doing is saying that a law degree ... cannot be from an institution that endorses unlawful discrimination," she told Judge Jamie Campbell.

    Hickey said that when the law society made its decision back in April, the move marked the culmination of a comprehensive consultation process that included many briefs from those in support of the school.

    She also said it was important to remember that the law society has implemented many reforms that have focused on eliminating discrimination in the justice system. Those changes include measures aimed at eliminating barriers for "historically disadvantaged groups."

    She said the law society has also done its best to reach out to the lesbian, gay, bisexual, transsexual and queer communities.

    The university's so-called community covenant, which all students are required to sign, stands opposed to the law society's core values, she said.

    Earlier this week, a lawyer for the university told the court the law society overstepped its jurisdiction when it decided to ban graduates from the bar admission program unless the school dropped the requirement.

    Brian Casey said the law society has jurisdiction over its membership in Nova Scotia, nothing more.

    He suggested the court should overturn the law society's regulation on the grounds that it infringes on future students' charter rights of freedom of religion, freedom of expression and freedom of association.

    Casey said the barristers' society has no authority to refuse a student because of the school's conduct.

    He argued that the law society had failed to produce evidence that the proposed law school — to open in 2016 — would harm anyone in Nova Scotia.

    However, Campbell said it appeared the law society was arguing that if it accepted articling students from a school that promoted discriminatory behaviour, that could lead to stress in Nova Scotia's gay community.

    Casey said there was no proof of that before the court.

    The school bills itself as the largest, independent Christian liberal arts institution in Canada with about 4,000 students.

    Earlier this month, the British Columbia government revoked its support for the law school, saying the university can't enrol students in the program because of the "uncertainty" over approval by the B.C. Law Society.

    MORE National ARTICLES

    Four Arrested After Five People Shot In Toronto: Police

    Four Arrested After Five People Shot In Toronto: Police
    TORONTO — Four people have been arrested in a shooting in northwest Toronto that sent five people to hospital, one with life-threatening injuries, police said Thursday.

    Four Arrested After Five People Shot In Toronto: Police

    UPDATES: Dalhousie University students face restorative justice for Facebook posts

    UPDATES: Dalhousie University students face restorative justice for Facebook posts
    HALIFAX — Dalhousie University is proceeding with a restorative justice process to resolve complaints about sexually violent comments posted on a Facebook group page about female dentistry students, the university's president said Wednesday.

    UPDATES: Dalhousie University students face restorative justice for Facebook posts

    Alberta Wildrose opposition shatters in mass exodus, wants premier to succeed

    Alberta Wildrose opposition shatters in mass exodus, wants premier to succeed
    EDMONTON — The leader of Alberta's Official Opposition shattered her caucus Wednesday by leading an en masse floor crossing, saying she no longer had the fire in the belly to oppose Premier Jim Prentice.

    Alberta Wildrose opposition shatters in mass exodus, wants premier to succeed

    TransCanada CEO says industry has lived through worse than latest crude downturn

    TransCanada CEO says industry has lived through worse than latest crude downturn
    CALGARY — The CEO of TransCanada Corp. (TSX:TRP) says he doesn't see the oil industry's appetite for new pipelines faltering even though crude prices have skidded recently to the lowest in more than five-years.

    TransCanada CEO says industry has lived through worse than latest crude downturn

    B.C.'s old Riverview Hospital to offer substance-abuse, mental-health programs

    B.C.'s old Riverview Hospital to offer substance-abuse, mental-health programs
    What was once the home for Metro Vancouver's mentally ill will soon be the location of a rehabilitation and recovery program for those battling mental-health and substance-abuse issues.

    B.C.'s old Riverview Hospital to offer substance-abuse, mental-health programs

    B.C. First Nation still plans to open luxury hospital for tourists, Canadians

    B.C. First Nation still plans to open luxury hospital for tourists, Canadians
    Plans for a for-profit hospital on Westbank First Nation land in West Kelowna, B.C., are still alive despite years of apparent inactivity, says the band's leader.

    B.C. First Nation still plans to open luxury hospital for tourists, Canadians

    PrevNext