Trinity Western University v. British Columbia College of Teachers
- Trinity Western University v. British Columbia College of Teachers
SCCInfoBox
case-name= Trinity Western University v. British Columbia College of Teachers
full-case-name= British Columbia College of Teachers v. Trinity Western University and Donna Gail Lindquist
heard-date=November 9, 2000
decided-date=May 17, 2001
history=
ruling=
ratio=
SCC=2000-2002
Majority=Iacobucci and Bastarache JJ.
JoinMajority=McLachlin C.J. and Gonthier, Major, Binnie, Arbour and LeBel JJ.
Dissent=L’Heureux-Dubé J.
"Trinity Western University v. British Columbia College of Teachers", [2001] 1 S.C.R. 772, 2001 SCC 31, is a leading Supreme Court of Canada decision on the freedom of religion and the court's ability to review a private school's policies.
Background
Trinity Western University is a private university with a Christian-based curriculum. The university started a teachers training program and applied to the British Columbia College of Teachers for the proper certification. The college rejected Trinity Western on account that the school's policy that prohibited "homosexual behavior" violated the college's anti-discrimination policy.
Opinion of the Court
In an eight to one decision, the Court held that the college was wrong in rejecting Trinity Western on the basis of discrimination.
The lower courts in British Columbia and, later, the Supreme Court of Canada, ruled in favour of Trinity Western University, stating that there was no basis for the BCCT's decision, and, moreover, that "the concern that graduates of TWU will act in a detrimental fashion in the classroom is not supported by any evidence."
The final analysis of the case, as reported by the Factum of the Intervener, the B.C. Civil Liberties Association, was that "In the circumstances of this case the Council of the B.C. College of Teachers failed to conduct such an inquiry and erroneously concluded that equality of rights on the basis of sexual orientation trump freedom of religion and association. They do not."
ee also
*List of Supreme Court of Canada cases (McLachlin Court)
*Multani v. Commission scolaire Marguerite‑Bourgeoys
External links
*
* [http://www.christianlegalfellowship.org/Interventions/twufactum.html intervener factum of the Christian legal fellowship]
* [http://www.bccla.org/othercontent/00twusccfactum.html intervener factum of the BC civil liberties association]
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