The legal profession is not the most diverse of profession. For the longest time it was reserved for white cis men with enough financial mean to survive legal training. It has slowly opened its door to white cis women (although there are still issues, especially in the private sector). It is still very white and cis-hetero normative however. There are probably many causes for the homogeneity of the legal profession (financial barrier to access the profession, hiring biases in large firms, the image of the profession, etc). The Law Society of Upper Canada (LSUC) is at least currently considering ways to increase diversity in the profession. While the LSUC is far from having control over all the factors affecting diversity, it does have the power to accredit law schools, and law schools are often viewed as the true gatekeepers of the profession. This power is, however, rarely used as new law schools are a rare thing. Trinity Western University (TWU), a private university that caters to evangelical Christians, is the most recent university so seek accreditation. TWU has an infamous covenant that all students are required to sign. This covenant forbids sexual intimacy except between married heterosexual couples. This unsurprisingly shocked many people including benchers (the decision-makers of the LSUC). Accrediting TWU seemed, at the very least, to go against diversifying the legal profession. The LSUC ultimately rejected TWU accreditation because of its discriminatory covenant. A law suit ensued, pitting equality against freedom of religion. Days before Toronto Pride, the Ontario Court of Appeal (ONCA) upheld the decision of the LSUC. In this post, I shortly expose additional background on the case. I then explore the decision’s treatment of the LSUC’s decision making power. I finish by looking at the ONCA’s approach to the balancing of rights.
It is the time of the year when people get their rainbow flags out and celebrate sexual diversity. This weekend will be pride in Toronto with all the glitter and the shirtless men it entails. There is a lot of debate surrounding the political aspect of pride, or lack thereof, but that’s not what I want to talk about. I don’t mind pride as it is: a giant queer festival (I have issues with it on some level but I will not explore them here). I usually just let myself get carried by the atmosphere and let the politics behind for a time. Nevertheless, I thought it was a good time to see were we, Canada, were on trans issues (legally speaking). Two years ago, I lamented the foreseeable death of Bill C-279 in a post. The bill was revived at the beginning of the current session of Parliament, but sabotaged in committee with a slew of bathroom panic arguments. Now it will likely die (again), only to be brought back if the next government, after the fall election, actually values the lives of trans people. From that point, let’s see what has happened and will happen for trans rights in Canada.
This winter the Supreme Court (SCC) handed down a decision in the Carter case on the constitutionality of prohibiting assisted dying. This judgement is part of a series first started in PHS Community Services Society (safe drug injection sites) and continued in Bedford (sex work) on the expansion of the right to life, liberty and security of the person. When the Court of Appeal handed its decision upholding the assisted dying ban, I commented on this blog on how, even if the plaintiffs won at the Supreme Court (which they did, unsurprisingly for people who follow constitutional law and/or the issue), the result would be limited to being permitted to exercise a right instead of truly recognizing the equality of the group claiming this right. This post is in part of follow up on my initial thoughts and represents some of my reflections on the advancement of the right to life, liberty and security (section 7 of the Charter), and the fall of the right to equality/non-discrimination (section 15 of the Charter).