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Motion concerning Trinity Western University Faculty of Law March 12th, 2014 (passed unanimously by Faculty Council, Faculty

of Law, University of Windsor) We, the members of the Faculty of Law at the University of Windsor, write in response to the Law Society of Upper Canadas request for submissions concerning the Ontario accreditation of Trinity Western Law School (TWU). The TWU Community Covenant requires that all community members commit themselves to a set of beliefs and a course of conduct that will exclude access of students to legal education on the basis of sexual orientation, gender identity, gender expression, sexual minority and marital status, and that may affect the retention of students on these same bases. The issue that must be addressed is whether accrediting law graduates of TWU will enhance or detract from access to justice, equality, democratic inclusion and the protection of the public interest. The legal profession must be fully representative of the population of Ontario, and entry into the profession should not be limited on the grounds of sexual orientation or other similar grounds. Law schools and the Law Society of Upper Canada have an important role and a symbolic function in demonstrating the principles of equality and democratic inclusion that govern the legal profession. Given the limited number of accredited law schools in Canada, and the commitment of Canadian law societies to mobility between the provinces, accrediting TWU will disadvantage already vulnerable LGBTTIQ people in joining the legal profession, and will thus limit the Law Society of Upper Canadas ability to ensure a representative legal profession in the province of Ontario. In light of these grave concerns: 1. The University of Windsor Faculty of Law believes that the requirement of students to sign and agree to the terms of the Community Covenant is discriminatory towards LGBTTIQ students; 2. The University of Windsor Faculty of Law calls on the Law Society of Upper Canada to uphold the values of equity, diversity, and access to justice and to protect the public interest; 3. The University of Windsor Faculty of Law calls on the Law Society of Upper Canada to make TWUs accreditation conditional on the removal of discriminatory clauses within the covenant.

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