Trinity Western University v. British Columbia College of Teachers

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Trinity Western University v. British Columbia College of Teachers

Hearing: November 9, 2000
Judgment: May 17, 2001


Full case name:	British Columbia College of Teachers v. Trinity Western University and Donna Gail Lindquist

Court membership

Chief Justice: Beverley McLachlin
Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel

Reasons given

Majority by: Iacobucci and Bastarache JJ.
Joined by: McLachlin C.J. and Gonthier, Major, Binnie, Arbour and LeBel JJ.
Dissent by: L’Heureux-Dubé J.

Trinity Western University v. British Columbia College of Teachers, [2001] 1 S.C.R. 772, 2001 SCC 31, is a leading Supreme Court of Canada decision on the freedom of religion and the court's ability to review a private school's policies.

1 Background
2 Opinion of the Court
3 See also
4 External links

[edit] Background

Trinity Western University is a private university with a Christian-based curriculum. The university started a teachers training program and applied to the British Columbia College of Teachers for the proper certification. The college rejected Trinity Western on account that the school's policy that prohibited "homosexual behavior" violated the college's anti-discrimination policy.

[edit] Opinion of the Court

In an eight to one decision, the Court held that the college was wrong in rejecting Trinity Western on the basis of discrimination.

The lower courts in British Columbia and, later, the Supreme Court of Canada, ruled in favour of Trinity Western University, stating that there was no basis for the BCCT's decision, and, moreover, that "the concern that graduates of TWU will act in a detrimental fashion in the classroom is not supported by any evidence."

The final analysis of the case, as reported by the Factum of the Intervener, the B.C. Civil Liberties Association, was that "In the circumstances of this case the Council of the B.C. College of Teachers failed to conduct such an inquiry and erroneously concluded that equality of rights on the basis of sexual orientation trump freedom of religion and association. They do not."