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April 26, 2013 Osgoode OUTLaws Osgoode Hall Law School York University 4700 Keele Street Toronto, ON M3J 1P3 Re: Trinity Western Universitys Proposed School of Law

Dear OUTlaw members, I write with respect to your March 18, 2013 letter which deals with the proposal by Trinity Western University (TWU) to establish a school of law. I wish to inform you that the Council of the Federation has established a Special Advisory Committee on Trinity Western Universitys Proposed School of Law (the Special Advisory Committee) to advise the Federation on certain matters related to the TWU proposal. The mandate of the Special Advisory Committee includes a review of the submissions made to the Federation by various organizations and individuals, including SOGIC and the Equality Committee. The Terms of Reference of the Special Advisory Committee are attached. As you know, Canadas law societies have approved a national requirement that reflects their collective view as to what is required in the public interest to ensure that new members of the profession are competent to practise and understand their ethical obligations. The national requirement does not specify how schools teach those competencies. That is a matter left to the individual law schools within the educational framework of each province. The Federation established the Canadian Common Law Program Approval Committee (the Approval Committee) with a specific and limited mandate to determine whether graduates of existing and proposed common law programs will meet the national requirement. TWU proposes to establish a new school of law and has applied to the Approval Committee for a determination as to whether its proposed law program meets the national requirement. However, certain issues have been raised regarding the proposal, including those referred to in your letter that are outside of the mandate of the Approval Committee. These issues were not anticipated when the national requirement was developed and the Approval Committee established. The Federation believes, nevertheless, that these issues should be addressed.

The Federation has received numerous representations from individuals and groups that deal with issues relating to TWUs Community Covenant Agreement. The Council of the Federation has established the Special Advisory Committee to provide advice to the Council on the question of whether additional considerations ought to be taken into account having regard to the Community Covenant Agreement. The Special Advisory Committee has been directed to coordinate its report to Council with the release of the Approval Committees report on the TWU proposal. The Federation is committed to ensuring that the work of the Approval Committee and the Special Advisory Committee is completed in a timely fashion and that our process meets the highest standards. The following individuals have been appointed to the Special Advisory Committee: (a) John J.L. Hunter, Q.C., Chair, Past-President of the Federation and of the Law Society of British Columbia; Mona T. Duckett, Q.C., former Council member representing the Law Society of Alberta and Past-President of the Law Society of Alberta; Derry Millar, former Treasurer of the Law Society of Upper Canada; Madame la Btonnire Madeleine Lemieux, Ad. E., former Council member representing the Barreau du Qubec and former btonnire of the Barreau du Qubec; and Morgan C. Cooper, President of the Law Society of Newfoundland and Labrador.

(b)

(c) (d)

(e)

Should you be interested, additional information on this matter and the Federations other initiatives is available at www.flsc.ca. Thank you for providing your views to the Federation. Yours truly,

Grald R. Tremblay, C.M., O.Q., Q.C., Ad. E. President

c.c.:

Laurie H. Pawlitza, Chair, Canadian Common Law Program Approval Committee John J. L. Hunter, Q.C, Chair, Special Advisory Committee on Trinity Western Universitys Proposed School of Law Dr. Jonathan S. Raymond, President, Trinity Western University

SPECIAL ADVISORY COMMITTEE ON TRINITY WESTERN UNIVERSITYS PROPOSED SCHOOL OF LAW Terms of Reference

ESTABLISHMENT OF A SPECIAL ADVISORY COMMITTEE The Federation of Law Societies of Canada (the Federation) establishes the Special Advisory Committee on Trinity Western Universitys Proposed School of Law (the Special Advisory Committee) to consider certain matters relating to the proposed common law program at Trinity Western University (TWU).

BACKGROUND Canadas law societies are charged with regulating the legal profession in the public interest. In doing so, they have approved a national requirement that reflects their collective view as to what is required in the public interest to ensure that new members of the profession are competent to practise and understand their ethical obligations. The national requirement sets out the competencies that all graduates of common law programs in Canada must meet in order to enter law society admission programs. The Federations Canadian Common Law Program Approval Committee (the Approval Committee) has been mandated by the law societies to determine whether graduates of existing and proposed common law programs will meet the national requirement. TWU proposes to establish a new school of law. The decision to approve the establishment of a law school at TWU rests with the government of British Columbia. TWU has applied to the Approval Committee for a determination as to whether its proposed law program meets the national requirement. However, certain issues have been raised regarding the proposal that are outside of the mandate of the Approval Committee. The Special Advisory Committee is established to consider those issues. In light of the representations made to the Federation to date, the responses to those representations by TWU, and the substantial public record of views about those issues, no formal public consultation is contemplated.

MANDATE 1. The specific mandate of the Special Advisory Committee is to provide advice to the Council of the Federation on the following question: What additional considerations, if any, should be taken into account in determining whether future graduates of TWUs proposed school of law should be eligible to enroll in the admission program of any of Canadas law societies, given the requirement that all

students and faculty of TWU must agree to abide by TWUs Community Covenant Agreement as a condition of admission and employment, respectively? 2. In its consideration of the question, the Special Advisory Committee shall take into account: (a) all representations received by the Federation to date including any responses to those representations by TWU; applicable law, including the Canadian Charter of Rights and Freedoms, human rights legislation, and the Supreme Court of Canada decision in Trinity Western University v. British Columbia College of Teachers (2001 SCC 31); and any other information that the Special Advisory Committee determines is relevant to the question.

(b)

(c)