Prevents entry into law school for anyone who wants

prevents entry into law school for anyone who wants to engage in a non-heterosexual sexual
relationship, and in general, provides a barrier for all LGBTQ+ individuals.
This barrier already exists for undergraduate students. However, unlike undergraduate education in
Canada, there are a minimal number of spots available in law schools across Canada. This number is

Lesson 10: Religion in the Public Arena - 7
carefully controlled. The TWU law school would admit around 60 students each year, but these spots
would only be open to those who promise not to engage in a non-heterosexual sexual relationship.
Since a person must complete law school to become a lawyer, this barrier is not only on entry to a law
school, but also on entry to the profession itself. It could result in less diversity among lawyers in
Canada. From the case:
"Ultimately, the LSBC determined that the approval of TWU's proposed law school with a
mandatory covenant would negatively impact equitable access to and diversity within the legal
profession and would harm LGBTQ individuals, and would therefore undermine the public interest
in the administration of justice." (para 39)
Therefore, the LSBC did not approve the law school because the Covenant provided a barrier to access
law school and the legal profession for those who want to engage in non-heterosexual sexual
relationships. So what is TWU's argument?
What is Trinity Western's Argument?
TWU argued that the decision by the LSBC – not to approve the law school based on the Covenant –
violated their religious freedom as protected under the Charter . The Covenant is a document of religious
values. TWU is a private religious institution that was "created to support the collective religious
practices of its members." (para 61) By refusing to approve the law school, the LSBC has interfered with
the TWU community's religious freedom.
The SCC weighs in:
"This Court has adopted a broad and purposeful approach to interpreting freedom of religion
under the Charter . This encompasses 'the right to entertain such religious beliefs as a person
chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and
the right to manifest religious belief by worship and practice or by teaching and dissemination ”
(para 62)
As we learned above, an infringement of freedom of religion occurs when (1) the claimant sincerely
believes in a belief or practice that has a nexus with religion; and (2) the impugned measure interferes
with the claimant’s ability to act in accordance with his or her religious beliefs in a manner that is not
trivial or insubstantial. The SCC notes that while freedom of religion has to do with personal choice and
individual autonomy, it is also about religious relationships . Therefore, freedom of religion must include
the socially embedded nature of religion . (para 64) Basically, the SCC is saying that part of being
religious, for some people, is the ability to come together and form communities based on that religion.