Law Societies regulate conduct, not beliefs

BC Lawyers oppose a Faculty of Law at TWU

At a special June 10, 2014 meeting of the members of the Law Society of British Columbia, 3,210 lawyers voted against approval for a Faculty of Law at Trinity Western University, while 968 lawyers voted for its approval. While the vote seems to indicate overwhelming opposition, the majority of the 13, 114 members of the Law Society did not cast a ballot. 

The special meeting was called because a requisite number of lawyers were dissatisfied with the April 11, 2014 decision of the Benchers, who are responsible for governing the Law Society, to approve the law school at TWU for the purposes of the Law Society’s admissions program.

Non-binding vote

The vote, however, is not binding on the Benchers. In a press release following the special meeting, President Jan Lindsay, QC said, “The decision regarding whether to admit graduates from the proposed law school at TWU is a Bencher decision,” adding that, “however, the Benchers will give the result of today’s members meeting serious and thoughtful consideration.”

The Benchers’ decision came after an extensive process of consultation, and a thought-provoking debate that touched upon issues of equality, discrimination, freedom of association, religious freedom and the rule of law. I watched the debate live, and in my view, the Benchers arrived at a principled decision regarding a contentious issue that involves the conflicting Charter rights of two disparate groups.

The opposition to TWU is based on a clause in the university’s “Community   in Covenant” agreement which upholds a traditional view of marriage as between one man and one woman. Students, faculty and staff agree to abide by the covenant. Many, as the vote of BC lawyers indicates, object to this clause as discriminatory, and tantamount to placing a sign at the gate stating that LGBTQ people are not welcome.

TWU has right to its beliefs

While I dislike the idea of a university requiring its members to sign a covenant that governs the most intimate aspects of their lives, TWU has the right to uphold a particular view of marriage, and those who share the institution’s beliefs have the right to congregate and associate with others of like mind. 

I share the opinion of the BC Civil Liberties Association, an organization that has a record of supporting the rights of LGBTQ persons but who took the position, “to deny (TWU’s) application based on the university’s Community Covenant would infringe the Charter-protected freedom of association and religion of members of the faith-based private university”, adding that these are fundamental freedoms and “that’s what s. 2 of the Canadian Charter of Rights and Freedoms is all about, protecting our freedoms of association, of assembly, of belief and of expression.” (For greater depth, see also the BCCLA Submission to the Law Society of BC. )

In 2001, in Trinity Western University, the Supreme Court of Canada determined that the BC College of Teachers could not deny education graduates of TWU admittance to the teaching profession based on religious beliefs about homosexuality that were unacceptable to the College.

Unfair to assume a lack of professionalism because of a belief

There is no evidence that teachers trained at TWU fail to professionally and competently exercise their teaching responsibilities when employed in the public school system. Similarly, there is no reason to assume that future graduates of a law school at TWU will be incapable of upholding the laws of the land and representing the rights of clients of all persuasions.   If an individual lawyer trained at TWU should prove incapable of doing so, the public can reasonably expect that the Law Society will deal with that person according to the remedial and disciplinary procedures already in place for lawyers who fail to faithfully represent clients and honorably serve the cause of justice.

In my opinion, for a law society to deny candidates admission to the legal profession because of a religious belief that is socially anathema to a percentage of its existing membership is unjustified, and is discriminatory in its own way.  In the absence of evidentiary proof that TWU’s traditional view of marriage and its code of sexual conduct does harm to others, graduates of its law school should be eligible for admission to the BC bar.

The Law Society of BC is properly concerned with the training, qualification, ethics, competency and conduct of its members. It is not its task, however, to regulate belief by excluding those with whom some of its members disagree. 

The digital environment is a double-edged sword

From telephone operators to text messaging

"Vintage Telephone" courtesy of Stoon/
 Free  digital photos.net

Communication technology has come a long way in a short time.  In my lifetime, we have moved from twice daily mail delivery and phones that required the services of an operator to connect callers, to the instantaneous communication of smart phones and text messaging. At the click of a mouse, we can “join the conversation” on any topic, or post our thoughts and images online for the entire world to see. 

The ability to be digitally connected around the clock creates meaningful opportunities for human interaction, but it also comes with some challenges; the digital environment can be a double-edged sword.

Technology can bring people closer, or separate them

On the plus side, technology enhances our ability to stay in touch with family and friends. Recently, my family enjoyed our own version of cross-country check-up via a three-way Skype call on the big screen TV with family members tuning in from Halifax, Montreal and Trail.  While it was not quite as good as sitting around the kitchen table  playing Settlers of Catan, it was an acceptable option for being together under the circumstances.

Just as technology can bring us together, it can also separate us, even to the extent that it can create distance between people in the same room.  I can think of no better example of this than the manner in which we frequently use smart phones. How often have you been in the company of a person who is obsessively checking their phone? In this case, the technology, despite its many excellent applications for augmenting communication, interferes with our ability to be truly present to those who are right in front of us.

A smorgasbord of options - healthy and not so healthy

The digital environment presents us with a smorgasbord of options for everything – current events, documentaries, online learning, and entertainment of many varieties. The Internet makes it possible for us to stretch our understanding of others and the world from the comfort of our recliners.   The accessibility of quality entertainment, online learning, and probing news analysis is truly a boon to human development.

On the down side, the communications media can also provide a platform for the expression of some of the shadowy sides of human nature. Cyber-bullying and access to pornography come to mind, as do television shows of the Jerry Springer variety, and reality television that makes a virtue out of stabbing others in the back.  Not all the options served up for consumption at the smorgasbord are healthy and wholesome.

Runners have a saying, “Garbage in, garbage out”, which means that what you eat prior to a run affects performance.  Our use of digital technology and our media choices can have a similar effect on our mind and relationships.  If we opt for a steady diet of mindless, violent, or sexually explicit entertainment, we may begin to treat others with less than the respect they deserve, and if we always choose sensational newscasts over thoughtful analysis, we run the risk of mistaking human tragedy for entertainment.

Pope Francis's message for World Communications Day

In his message for World Communications Day, Pope Francis writes, “Communication is about realizing that we are all human beings, children of God”, and his message encourages us to think of communication in terms of “neighbourliness”. The communications media and digital environment can help us become like the Good Samaritan who saw the wounded man as his neighbour and crossed the road to care for him. As the Good Samaritan  “tended the wounds of the injured man by pouring oil and wine over them”, our communication can become like a “balm which relieves pain and a fine wine which gladdens hearts.”

When we use digital technology and the communications media wisely, they are a powerful force for connecting people and for fostering positive human interactions.  On its own, the digital environment is neither inherently good nor bad; we decide which edge of the sword to use.