Professional Documents
Culture Documents
November 7, 2014
Re
I write to you in my capacity as President of the Federation of Asian Canadian Lawyers (FACL).
FACLs mandate is to promote equity, justice and opportunity for Asian Canadian lawyers and
within the broader community.
FACL has been a consistent voice against the accreditation of the proposed law school at
Trinity Western University (TWU). I have attached FACLs self-explanatory letters to Tom
Conway, then Treasurer of the Law Society of Upper Canada, dated January 15, 2014, with
attached FACL Statement FACL Speaks Out Against the Approval of the Trinity Western
University Law School in British Columbia, as well as our FACL Statement of September 2014,
FACL Supports the Decision of the Law Society of Upper Canada to Refuse to Accredit the
Proposed Law Program of Trinity Western University.
TWU asks that its law program obtain accreditation from the provincial and territorial regulators
of the legal profession so that its law program graduates will be eligible to seek admission to the
bar of each jurisdiction. The TWU had been successful in obtaining accreditation from the Law
Society of British Columbia (LSBC). In light of the recent decision of the LSBC to rescind TWU's
_____________________________________________________________________________________
Federation
of
Asian
Canadian
Lawyers,
20
Toronto
Street,
Suite
300,
Toronto,
ON
M5C
2B8
www.facl.ca
accreditation, we write to request that you similarly reverse the approval of TWU's law degrees
by the B.C. Ministry of Advanced Education.
Since early 2013, when the TWU issue first became publicized, we have reflected on our own
mandate to promote equity, justice and opportunity, and the role of lawyers as officers of the
court and within the wider administration of justice. FACL has had serious reservations about
TWUs discriminatory policies towards LGBTQ students. A key component of its discriminatory
practices is the 'Community Covenant Agreement', which all TWU students must sign, requiring
TWU students to abstain from sexual intimacy that violates the sacredness of marriage
between a man and a woman.1 The policy plainly discriminates on the basis of sexual
orientation. Its breach carries disciplinary sanctions, up to expulsion.2
FACL was disappointed to learn that the Federation of Law Societies of Canada (FLSC)
recommended that its member law societies accredit TWUs law school3 and the subsequent
decision of the LSBC to grant accreditation to the TWU law program. FACL has been
encouraged by the decisions of the law societies in Nova Scotia4 and Ontario5 that the TWU law
program could not be accredited. Further, on October 31, 2014, the LSBC rescinded its earlier
approval, following a decisive and binding vote of British Columbia's lawyers.6 FACL is further
encouraged to learn that the decision to accredit the school in New Brunswick may also soon be
reversed.7
We share the understanding of Out on Bay Street (OOBS) and OUTlaws, who have advised
that in reaching its conclusion in December, the Ministry appeared to rely heavily on the FLSCs
recommendation. We understand that the announcement of your approval came the day after
the FLSC released its report,8 and in the wake of an expert panel's "serious reservations" about
the proposed law schools academic freedom, the breadth of its world view, its ability to teach of
legal skills, and its course quality.9
1
Law Society of Upper Canada, Trinity Western University (TWU) Accreditation, available online:
<http://www.lsuc.on.ca/twu/>
6
Law Society of British Columbia, Proposed TWU law school not approved for Law Societys admission program, 31
October 2014, available online: <http://bit.ly/1Afs6f9>
7
Law Society of New Brunswick, Trinity Western University, 3 September 2014, available online: <http://lawsocietybarreau.nb.ca/en/public/trinity-western-university>
8
British Columbia Ministry of Advanced Education, Ministers Statement on Trinity Western Universitys Proposed
Law Degree, 18 December 2013, available online: <http://bit.ly/KlOdZA>
9
Stanley Tromp, " Experts warned of 'serious reservations' about Trinity Western Universitys law school plan," The
Province, 17 August 2014, available online: <http://bit.ly/1xbDCmi>
_____________________________________________________________________________________
Federation
of
Asian
Canadian
Lawyers,
20
Toronto
Street,
Suite
300,
Toronto,
ON
M5C
2B8
www.facl.ca
We have since learned that your approval was also conditional. In a letter dated July 11, 2014,
you cautioned TWU President Bob Kuhn that:
The institution must provide a report to the Board on the status of faculty
recruitment and regulatory body approval prior to launching the program.
This term is consistent with the published criteria for quality assessment under
the Degree Authorization Act in the Degree Program Review Criteria and
Guidelines. The criteria to be considered by the Board include evidence that
relevant regulatory bodies will recognize the credential The Federation of
Law Societies and the Law Society of BC are the relevant professional and
regulatory bodies for the practice of law in BC. I request that TWU ensure it
fulfills its reporting requirement under the terms and conditions of consent in
the event that the Benchers initial decision to approve the law faculty is
ultimately reversed. [emphasis added]
This plainly implies that without regulatory approval by the LSBC, the consent given by the
Minister is not effective, and the TWU law degrees cannot be issued. Today, it is clear that
LSBC will not accredit the law school. Seventy-four percent of the 8,039 ballots in the LSBC's
October 30 referendum were voted in favour of a resolution directing that:
"...the Benchers implement the resolution of the members passed at the
special general meeting of the Law Society held on June 10, 2014, and
declare that the proposed law school at Trinity Western University is not an
approved faculty of law for the purpose of the Law Society's admissions
program."10
The June 10 resolution (which passed with 77% of 4,178 votes) similarly called on the LSBC
Benchers to declare that TWU is not an approved law faculty for the purpose of the bar
admissions requirements in British Columbia.11
In effect, the October 30 referendum results were binding on the LSBC Benchers, who
rescinded TWU's accreditation on October 31. This was a procedural outcome anticipated in
your July 11 letter to President Kuhn. In light of these developments, we request that you
enforce the terms of TWUs degree approval by the Ministry of Advanced Education. As stated
in your letter:
If TWU law school graduates are not eligible to practice law in British
Columbia, that would constitute a substantive change to the program that may
require further consideration of the consent granted under the Degree
Authorization Act.
10
Law Society of British Columbia, Notices to the Profession, 26 September 2014, available online:
<http://bit.ly/1utZLPh>
11
Law Society of British Columbia, Special General Meeting - June 10, 2014, 10 June 2014, available online:
<https://www.lawsociety.bc.ca/page.cfm?cid=3946&t=Special-General-Meeting,-June-10>
_____________________________________________________________________________________
Federation
of
Asian
Canadian
Lawyers,
20
Toronto
Street,
Suite
300,
Toronto,
ON
M5C
2B8
www.facl.ca
FACL supports the position of OOBS and OUTlaws that this process has been flawed from the
outset, as it was unjust for the B.C. government to rubber-stamp a pathway to the legal
profession that openly discriminates against a vulnerable segment of the Canadian public.
Although it should not have been necessary to do so, your Ministry can now rely on the
numerous regulators, academics, and legal authorities that have consistently rejected TWU's
position on this issue.
FACL looks forward to the Ministry complying with the original terms of its approval of degree
granting status to TWUs law program, and thereby revoking its approval.
Yours truly,
Lai-King Hum
(Ms) Lai-King Hum
President, Federation of Asian Canadian Lawyers
c/o lhum@thehumlawfirm.ca
/lkh
Enclosures :
Letter dated January 15, 2013 to Tom Conway, then Treasurer of the Law Society of Upper
Canada, with attached FACL Statement, FACL Speaks Out Against the Approval of the Trinity
Western University Law School in British Columbia
September 2014, FACL Statement, FACL Supports the Decision of the Law Society of Upper
Canada to Refuse to Accredit the Proposed Law Program of Trinity Western University
_____________________________________________________________________________________
Federation
of
Asian
Canadian
Lawyers,
20
Toronto
Street,
Suite
300,
Toronto,
ON
M5C
2B8
www.facl.ca
Lai-King Hum
President
FACL Speaks Out Against the Approval of the Trinity Western University Law School in British
Columbia
As an organization aimed at promoting equity, justice and opportunity, FACL strongly opposes the Federation
of Law Societies of Canada's (FLSCs) recommendation that provincial law societies approve Trinity Western
University's (TWU's) proposed law school program. FACL is also disturbed by the B.C. Minister of
Advanced Education's hasty approval of TWU's law degree program the day after the FLSC concluded its
protracted and closed-door process.
Specifically, FACL is of the view that the TWU Community Covenant Agreement, that is required to be
signed by all TWU faculty, staff and students, is discriminatory. The Community Covenant Agreement
includes a requirement to abstain from sexual intimacy that violates the sacredness of marriage between a
man and woman and provides TWU with the reserved rights to question, challenge or discipline its members
in response to actions that impact personal or social welfare. Past iterations of the Community Covenant
included a requirement to refrain from practices that are biblically condemned, including homosexual
behaviour.
The mandatory requirement to enter into the Community Covenant Agreement as a condition to school
admission and employment at TWU has the effect of excluding applicants from the lesbian, gay, bisexual,
transsexual and transgender communities and negatively impacts upon the human dignity of persons in these
communities.
FACL believes that all law schools across Canada must create a forum for free exchange of ideas, premised
upon inclusion, tolerance, respect and opportunity for equal participation. FACL further believes that law
schools and the institutions that authorize the creation of these schools must act in the public interest and
ensure that their policies and practices adhere to the principles of the Canadian Charter of Rights and
Freedoms and provincial and territorial human rights legislation.
FACL agrees with the Council of Canadian Law Deans that, Discrimination on the basis of sexual orientation
is unlawful in Canada and fundamentally at odds with the core values of all Canadian law schools.
FACL calls upon the provincial law societies and government decision makers across Canada, to act in the
public interest and to reject TWUs application for accreditation of its law school program and to withdraw all
approvals and consents on the basis that its policies and practices are discriminatory and contrary to the
principles of human rights law in Canada. In addition, FACL advocates for the inclusion of a nondiscrimination policy as a condition that all law schools must adhere to in order to maintain its accreditation.
FACL
Supports
the
Decision
of
the
Law
Society
of
Upper
Canada
to
Refuse
to
Accredit
the
Proposed
Law
Program
of
Trinity
Western
University
September
8,
2014
With
chapters
in
Ontario,
British
Columbia
and
Nova
Scotia,
the
mission
of
the
Federation
of
Asian
Canadian
Lawyers
(FACL)
is
to
promote
equity,
justice,
and
opportunity
for
Asian
Canadian
legal
professionals
and
the
wider
community.
As
a
representative
of
members
from
equity-seeking
groups,
FACL
strongly
supports
the
decision
of
the
Law
Society
of
Upper
Canada
(LSUC)
to
refuse
to
accredit
the
proposed
law
program
of
Trinity
Western
University
(TWU),
a
decision
that
TWU
now
seeks
to
overturn.
Though
FACL
acknowledges
the
importance
of
religious
freedom
and
encourages
a
diversity
of
views,
at
the
same
time,
FACL
denounces
attempts
to
institutionalize
discrimination,
especially
within
the
legal
profession.
FACL
continues
to
believe
that
the
imposition
of
a
covenant
to
abstain
from
sexual
intimacy
that
violates
the
sacredness
of
marriage
between
a
man
and
woman
as
a
requirement
for
law
school
admission
and
employment
at
TWU,
is
discriminatory.
This
requirement
negatively
impacts
upon
the
human
dignity
of
persons
within
the
lesbian,
gay,
bisexual,
transsexual
and
transgender
community.
Further,
FACL
believes
that
the
LSUC
decision
to
refuse
accreditation
is
consistent
with
the
LSUCs
mandate
to
carryout
its
duty
to
advance
the
cause
of
justice
and
the
rule
of
law,
to
act
in
the
public
interest
and
to
facilitate
access
to
justice
for
people
of
Ontario.
In
April,
2014,
when
the
LSUC
deliberated
on
the
issue
of
TWUs
accreditation,
Avvy
Go,
a
LSUC
bencher
and
a
founding
member
of
FACL,
recounted
the
story
of
Kew
Dock
Yip,
who
in
1947,
became
the
first
Chinese
Canadian
to
practice
law
in
Canada.
Though
Mr.
Yip
was
born
in
British
Columbia,
he
was
initially
denied
entrance
into
law
school
because
the
law
school
decided
to
limit
admissions
to
those
who
had
the
right
to
vote.
Mr.
Yip,
being
Chinese,
did
not
have
a
right
of
citizenship
and
consequently,
did
not
have
a
right
to
vote.
Fortunately,
at
that
time,
Osgoode
Hall
Law
School
in
Ontario
did
not
have
the
same
admission
requirement,
and
it
is
there
that
Mr.
Yip
graduated
with
a
law
degree.
However,
Ontario
was
not
free
from
racial
discrimination
as
Mr.
Yip
was
refused
entry
into
the
exam
room
to
write
his
bar
admissions
on
his
first
few
attempts.
In
the
closing
words
of
Ms.
Go:
I'm
sure
back
then
the
British
Columbia
Law
Society
and
the
law
school
which
rejected
Mr.
Yip
had
absolutely
no
doubt
about
their
legal
authority
or
even
their
moral
authority
to
exclude
Chinese
Canadians
from
the
legal
profession
at
that
time.
In
fact,
on
its
face,
the
rules
barring
Chinese
had
Federation
of
Asian
Canadian
Lawyers,
20
Toronto
Street,
Suite
300,
Toronto,
ON
M5C
2B8
www.facl.ca
nothing
to
do
with
race
at
all,
it
was
simply
based
on
the
very
technical
rule
about
the
right
to
vote.
As
we
all
know,
our
rules
and
our
laws
were
both
reflection
of
the
prevailing
social
values
and,
sadly,
for
a
very
long
time
the
prevailing
social
values
in
Canada
were
to
preserve
a
white
Canada
at
the
expense
of
our
first
peoples
and
people
of
colour.
So
today
I
hope
that
our
prevailing
social
values
will
tell
us
something
different.
It
will
tell
us
that
no
one
should
be
prohibited
from
entering
law
school
and
becoming
a
lawyer
because
of
race,
gender,
disability,
sexual
orientation
and
so
on.
In
this
spirit,
FACL
believes
that
all
law
schools
across
Canada
must
create
a
forum
for
free
exchange
of
ideas,
premised
upon
tolerance,
respect
and
opportunity
for
equal
participation.
Federation
of
Asian
Canadian
Lawyers,
20
Toronto
Street,
Suite
300,
Toronto,
ON
M5C
2B8
www.facl.ca