Trinity Western University Law School which is due to open in 2016, has come under fire because of the “Christian covenant” TWU students must sign. The covenant states that sexual relations are to be only between a man and a woman who are married. Surrey criminal lawyer, Michael Shapray, of Stern Albert Shapray & Associates gives an update on News 1130 on the current legal status and the upcoming binding BC Law Society referendum on the question of accreditation.
The Community “Christian Covenant” and the Core Issue
The covenant outlines behavioural expectations consistent with TWU’s Christian values, including a requirement that sexual intimacy be reserved for a married man and woman. Critics argue that this provision discriminates against LGBTQ+ individuals and creates a learning environment that excludes or stigmatizes students based on sexual orientation. Supporters, however, maintain that TWU, as a private religious institution, has the constitutional right to operate according to its beliefs and should not be penalized for exercising freedom of religion.
Accreditation Challenges Across Canada
The dispute escalated when several provincial law societies, including the Law Society of British Columbia (LSBC), were asked to decide whether graduates of the proposed law school should be accredited to practise law in their respective provinces. Accreditation is essential because it determines whether a law school’s graduates are eligible to enter articling programs and ultimately be called to the bar.
Mounting Pressure and the LSBC Referendum
In British Columbia, the LSBC initially voted to accredit TWU graduates. However, mounting pressure from lawyers, advocacy groups, and the public led the society to revisit the decision. The issue became so divisive within the legal community that the LSBC called for a binding referendum, allowing all practising lawyers in the province to have a direct voice in the final outcome.
Legal Perspectives from Michael Shapray
Surrey criminal lawyer Michael Shapray of Stern Albert Shapray & Associates joined News 1130 to discuss the legal and social implications of the referendum. Shapray explained that the debate centres on a fundamental question: should a law society prioritize equality and non-discrimination when assessing a law school, or should it respect the institution’s right to religious freedom and autonomy?
Balancing Competing Charter Rights
He noted that the answer is far from straightforward. On one hand, law societies serve the public interest and must ensure that future lawyers are educated in an environment that supports equality, diversity, and inclusion—core principles of Canada’s legal system. On the other hand, Canada’s Charter of Rights and Freedoms also protects freedom of religion, giving religious institutions the right to operate in accordance with their beliefs.
National Significance of the Referendum Outcome
The referendum is significant because its outcome will help shape how regulatory bodies across Canada balance these competing rights. The results could influence not only TWU’s accreditation but also how future professional programs operated by faith-based institutions are evaluated.
Broader Implications for Legal Education
Shapray emphasized that the legal community continues to grapple with these issues, as they raise broader questions about who should have access to professional education and whether personal religious values should influence accreditation. He also pointed out that the final decision will carry long-lasting consequences for TWU, prospective students, and the legal profession as a whole.
A Continuing Debate in Canadian Law
As debates continue, the TWU law school controversy remains one of the most important and symbolic legal issues in British Columbia’s recent history. It highlights the ongoing tension between protecting individual rights and respecting institutional freedoms—an issue that courts, regulators, and society will continue to navigate for years to come.
Experienced Lawyer About Legal Rights and Accreditation Issues
Legal disputes involving equality rights, religious freedoms, and professional accreditation are complex and often far-reaching. If you need legal guidance on regulatory matters, Charter rights, or education-related accreditation issues, the lawyers at Stern Shapray Criminal Lawyers can help.
Contact Stern Shapray today to discuss your situation and get trusted legal advice from an experienced legal team.
