Close X
Saturday, November 30, 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

    Lawyer for journalist imprisoned in Cairo call on Canada to secure his release

    Lawyer for journalist imprisoned in Cairo call on Canada to secure his release
    TORONTO — Lawyers for an Egyptian-Canadian journalist imprisoned in Cairo have written to Prime Minister Stephen Harper, imploring him to take action that would help secure the man's release.

    Lawyer for journalist imprisoned in Cairo call on Canada to secure his release

    Senators find mistakes in bill, but decide to go ahead and pass it anyway

    Senators find mistakes in bill, but decide to go ahead and pass it anyway
    OTTAWA — The Conservative-dominated Senate is poised to pass a bill targeting labour unions, despite discovering it contains inadvertent drafting errors that must be fixed.

    Senators find mistakes in bill, but decide to go ahead and pass it anyway

    Veteran NDP MP, deputy leader Libby Davies bows out of federal politics

    Veteran NDP MP, deputy leader Libby Davies bows out of federal politics
    OTTAWA — NDP stalwart Libby Davies will not seek re-election next year.

    Veteran NDP MP, deputy leader Libby Davies bows out of federal politics

    RCMP investigates off-base death of a soldier in New Brunswick

    RCMP investigates off-base death of a soldier in New Brunswick
    OROMOCTO, N.B. — A military spokesman says the RCMP has informed the Canadian Forces that the death of a soldier in New Brunswick was not the result of foul play.

    RCMP investigates off-base death of a soldier in New Brunswick

    Calgary man pleads guilty to animal cruelty; taped shut mouths of dog and cat

    Calgary man pleads guilty to animal cruelty; taped shut mouths of dog and cat
    CALGARY — A Calgary man has pleaded guilty to two charges related to animal cruelty involving a dog and cat that had their mouths taped shut.

    Calgary man pleads guilty to animal cruelty; taped shut mouths of dog and cat

    First Nations angry: NAFTA environmental body won't probe Canadian salmon farms

    First Nations angry: NAFTA environmental body won't probe Canadian salmon farms
    MONTREAL — Conservationists and First Nations are angry that NAFTA's environmental watchdog has rejected a recommendation to investigate Canada's handling of salmon farms along the British Columbia coast.

    First Nations angry: NAFTA environmental body won't probe Canadian salmon farms