Trinity Western University v. British Columbia College of Teachers
Encyclopedia
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.
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.
.
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."
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
and the court's ability to review a private school's policies.
Background
Trinity Western UniversityTrinity Western University
Trinity Western University is a private, Christian liberal arts university located in Langley, British Columbia, Canada.The school was founded in 1962 as Trinity Junior College, and now enrolls approximately 4000 students and sits on a campus....
is a private university with a Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
-based curriculum. The university started a teachers training program and applied to the British Columbia College of Teachers
British Columbia College of Teachers
The British Columbia College of Teachers is the professional self-regulatory body for teachers in British Columbia. It is responsible for setting and enforcing standards for teachers in the province. It assesses applicants to the profession and issues teaching certificates.-Court cases involving...
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.
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 discriminationDiscrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
.
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."
See also
- List of Supreme Court of Canada cases (McLachlin Court)
- Multani v. Commission scolaire Marguerite‑Bourgeoys