The Trinity Western v. Law Society of Upper Canada case occurred between Trinity Western University and the Law Society of Upper Canada. To begin the appellant Trinity Western University (“TWU”) is a long established and well respected private university located in British Columbia. The school's mandate is anchored in an evangelical Christian philosophy. Which means that TWU’s education is to be taught with “a fundamental philosophy and viewpoint that is in accordance with the Christian tradition.” Accompanying the school's core Christian beliefs is their community covenant, The Community Covenant is a code of conduct which encompasses TWU’s Christian religious values. This covenant encourages behavior that evangelical Christians believe to …show more content…
Although members of the (“LGBTQ”) community are allowed to apply to the school, students will not be allowed admission unless they are willing to read, understand and agree to abide by the terms set out within the Community Covenant. By agreeing to accept the Covenant, members of TWU commit themselves to abstain from various activities, including “sexual intimacy that violates the sacredness of marriage between a man and a woman.” The repercussions of the covenant are that students in the LGBTQ community are discriminated against, in admission to, and life at, TWU. However TWU, on the contrary, believes that the Community Covenant is protected by its right to freedom of religion granted under section 2 of the Canadian charter of rights and freedoms. The respondent The Law Society of Upper Canada was created in 1797 to provide support and preserve the constitution of the province of upper Canada. Since its establishment, the Law Society of Upper Canada has been the one and only authority available for determining who is eligible to practice law in Ontario, and the requirements associated with …show more content…
TWU presented its proposal to the Federation Approval Committee for a law school to open, in which TWU was granted preliminary approval by the federation. Following the preliminary approval, TWU requested for the LSUC to accredit its law school, and when deciding whether to accredit a law school, the LSUC is not restricted simply to considering standards of competence; a broader spectrum of considerations with respect to the public interest is engaged; The LSUC deciding not to accredit TWU’s proposed law school because of the discriminatory code of conduct would infringe TWU’s freedom of religion under s. 2(a) of the Charter; however In assessing the “public interest”, the LSUC is entitled to consider that the impact of TWU’s Community Covenant on members of the LGBTQ community is contrary to the equality rights protections in the Charter, therefore upon further consideration balancing TWU’s freedom of religion granted under section 2 of the charter, on one hand with the equality rights of the LGBTQ community granted under section 15 of the charter. Ultimately with a vote of 28 to 21 with one abstention The Law Society of Upper Canada decided not to accredit TWU due to the fact that it was found not to be in the public interest to provide accreditation to a law school with discriminatory admissions
Since the 1970’s people have been going to court to ask the government to legalize gay marriage. From the cases in 1970’s like Loving v. Virginia and the more recent cases like United States v. Edith Windsor. In this case, Windsor and Thea were a same sex couple who were married in Canada, but they lived in New York which recognized their marriage. After Thea passed away, the estate was left with Windsor. Under federal law their marriage was not recognized, so Windsor was asked to pay taxes on the estate.
The Divisional Court upheld LSUC’s decision to not accredit TWU’s law school. The reasons for the following decision are albeit TWU’s freedom of religion rights are infringed upon, the LSUC has a duty to consider the public impact of accrediting a law school, and accrediting a law school that inherently has discriminatory policies was not in the interest of the public. The LSUC proportionately balanced TWU’s freedom of religion and the right to equality, and it was concluded that it was a reasonable limit to breach religious right’s, as it was of more importance to advocate for the right to equal treatment and access to
Canada has four levels of the court which are as follows. The provincial/territorial (lower) court, which deals with most criminal offenses unless they are very serious. It also decides family law, youth offenders, traffic law or regulatory crime, small claims courts and initial investigations into serious crime. Another court at this level a special military court which is designed to handle misconduct of the
They value to uphold the current standards and societal norms. They also want their Judges to be current and knowledgeable on Canadian law, so they can use more empirical or factual evidence to help them stay neutral. Identifying Possible Moral Dilemmas Judge Robin Camp As a Judge, there job is to ensure the accused is held accountable for their actions, but ensuring there is enough evidence to prove they committed the crime. With the combination of proving one is innocent until proven guilty, and the ignorance for the law can be a reason for this judges
Sauvé v Canada (Chief Electoral Officer) (2002) Plaintiff - Richard Sauvé Defendant - Attorney General of Canada, Chief Electoral Officer of Canada & the Solicitor General of Canada FACTS The Plaintiff: Richard Sauvé is a former member of the biker gang ‘Satan’s Choice’. In 1975, Sauvé was sentenced to 25 years in federal prison for the murder of an opposing gang member. In 1993, Sauvé started a long journey fighting an injustice that denied all inmates the right to vote.
MILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,
Gisselle Zepeda Mr. Lievre American Government Credit 5 Board of Education of Westside Community Schools Versus Mergens The Equal Access Act upheld by the Supreme Court in Board of Education v. Mergens, 1990, requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs. The school administration denied a group of students their right to create a Christian after school club. The students intended for their club to have just the same privileges and club meetings as all other after school clubs. The schools excuse being that it lacked faculty support which led to the school and district being sued by the students.
1. Aboriginals peoples should have their own court system because there would be no bias or over generalized stereotyping to skew decisions or sentencing. Aboriginals are overrepresented in our Canadian Court System. Alcoholism and crime go hand in hand. Alcoholism in Aboriginals unfortunately is a common problem because of colonization and social upheaval.
The Legal Aid Services Act provided a new framework for offering legal aid services in Ontario, which led to the founding of Legal Aid Ontario in 1998. The Act was passed in worries about legal aid program accessibility, particularly for low-income people and marginalized groups. Legal Aid Ontario was not founded by a specific person. It was created as a result of the collective efforts of legal experts, social justice activists, and policymakers who understood the need for an Ontario legal system that was more approachable and equitable. An institution called Legal Aid Ontario helps low-income people who cannot afford legal representation with their legal matters.
Canada prides itself at home and abroad as a country made up of a cultural mosaic rather than a cultural melting pot. The mosaic is based on our belief that Canada as a whole becomes stronger by having immigrants bring with them their cultural diversity for all Canadians to learn from. The cultural melting pot, as adopted in the United States, tells immigrants that no matter who they have been in the past, upon landing on American shores, they are Americans and are expected to adopt and follow the American way. At the heart of Canadian society is our legal system. Our legal system is based on the English Common Law model, which in turn is based on a value system that places a strict adherence to following procedural rules over the substantive
Legal systems and cultures are intertwined in such a way that allows them to influence one another. While most Western countries focus on top-down approaches that result in changing culture and behavior, others have concentrated their efforts to make the law reflect the culture and values of the people. In the past, when common law heavily influenced tribal courts, tribe members worked towards the preservation of traditions. Now in the modern age, tribes are working to conserve the unity of their people by using programs that center on tradition to bring forth a community. One tribe that has adopted such a program enhanced aboriginal’s Cody Kimewon understanding of his identity through a culture as cause, law as effect approach.
By having to read and analyze the Florida Consent Decree and other related laws, I was able to comprehend my responsibility and ethical duty to make sure that my future ELL students’ rights are addressed and are in compliance with the law. In order to continue growing professionally, I will keep up with current laws that effective student’s rights and my ethical duty as an educator by reading academic educational journals and webinars. As a member of NAEYC and the current Vice-Present of the student chapter of Miami-Dade College SFAEYC-Interamerican Campus, I will participate in open forums on the NAEYC website about changes in policies and laws throughout the country that effect students and
The improvement of the rights of the Canadian Immigrants Canada, as one of the biggest immigration countries, welcomes people from all over the the world and forms a representative multicultural atmosphere in today’s society. Over these few decays, the country has always been consummating the laws to provide immigrants equal rights and freedoms, and better treatments they could receive. However, Canadian immigration laws were not unprejudiced and it eventually caused a “legal discrimination” before 1976. The legal rights of the immigrant groups have improved significantly because of the demands of developing the country, the influences of the wars, and the globalization of the world. Since 1880s, more immigrants and foreigners came to Canada because of the railway construction project.
7)"The Judicial Committee of the Privy Council Decisions." Henrietta Muir Edwards and others (Appeal No. 121 of 1928) v The Attorney General of Canada (Canada) [1929] UKPC 86 (18 October 1929). Accessed May 25, 2017.
In Canada before 1969 same-sex practice were consider as crime and punishable by imprisonment. But in 1995 the Canadian Human Rights act bans the discrimination against LGBT (Heritage, 2013). But still the members of LGBT communities are facing workplace discrimination. One of the recent survey reveals that one out of 10 LGBT members face discrimination at workplace in Canada. This discrimination they experience mostly from the co-workers and employers with narrow minded and intolerant attitude towards their sexual orientation.