FREDERICTON – The Law Society of New Brunswick upheld a decision Friday to allow graduates of a proposed law school in British Columbia to practise in the province.
The law society’s council met to discuss a decision it made last June to accredit Trinity Western University in Langley, B.C.
The Christian university requires all students and staff to sign a covenant barring same-sex relationships, an agreement that has stoked controversy throughout the country.
The council came to a tie by secret ballot, with a vote of 12-12. Because there was no clear majority, the June decision will stand.
Law Society president Helene Beaulieu says the decision took everyone by surprise, but shows how difficult it was.
“This very challenging and difficult issue is before the courts, and ultimately, the result of this vote demonstrates the challenges that the courts are going to face in trying to balance the competing interests, the freedom of religion and the freedom of sexual orientation,” said Beaulieu.
The decision to accredit the law school is before courts in several provinces. The school is challenging a Law Society of British Columbia decision not to accredit graduates, and a similar judicial review is underway in Nova Scotia.
The Nova Scotia Barristers’ Society decided not to allow graduates of the proposed school to enrol in the bar admission program unless the university drops the sexual requirement.
Before the vote today, members on both sides of the debate spoke about the issue. It was a difficult and deeply personal decision for many, like Kent Robinson. The Moncton-based lawyer has argued on behalf of religious-based schools in the past, and says while he may not agree with everything TWU does, he can’t bar their religious freedoms.
“If we say you can’t have these religious beliefs if they conflict with the rights of LGBT people, then we’re discriminating against people’s religious belief. If on the other hand we support that religious belief, we’re discriminating against LGBT people,” said Robinson.
“We can’t have it both ways. It needs to be decided by the highest court in the land. Not by a council of the law society.”
Last June, the council voted 14-5 in favour of accrediting the program, but members of the law society later voted 137-30 asking the council to reverse its decision.
Dr. Manju Varma is a public member of the council. She says in June, she voted to accredit TWU based on their curriculum. But today, she changed her vote. For her, the priorities changed.
“What sort of lawyer would we like to have in this province? And what are the values and the interests that we want to support? And conversely, which ones are we willing to say no, we’re not willing to support?”
While many were surprised by the outcome of the vote, some said the debate isn’t over yet. Justin Robichaud spoke before the vote, urging his colleagues to rescind the previous vote.
“For me the biggest surprise is probably how it ended. We have a vote here that’s equal, 12-12. Now, I don’t think we simply wash our hands with it and agree that it’s done. I think there’s been a clear change from the June vote,” said Robichaud.
“I don’t think it puts an end to it, I honestly don’t. I think we’ll see this question again in the future, especially when we see decisions come out of British Columbia.”
Trinity Western Law School is scheduled to open in 2016.
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