True North

by Adele Hutton Auxier

What one commentator calls "the most important decision on religious freedom in years" was issued by the Supreme Court of Canada on May 17, 2001—Trinity Western University v. the British Columbia College of Teachers. In an unusual 8-1 decision, the court upheld the right of Trinity Western University (TWU)—a Christian University—to run a five-year teacher education program, despite the school's religiously grounded prohibition of homosexual behavior. In doing so, the court reaffirmed the place of religious institutions in Canadian society over and against what another commentator has called a "widespread flaw in the reading of contemporary Charter adjudication." The "flaw" has been to exalt equality over all other rights in the Canadian Charter of Rights and Freedoms. The Canadian Supreme Court's decision represents a major step forward for pluralism.

TWU is an evangelical Christian school located in British Columbia (BC). In 1985, it became the first evangelical college in Canada to be accredited by the Association of Universities and Colleges of Canada. In keeping with the school's commitment to a Christian world-view, Trinity students are asked to sign a code of conduct known as "Community Standards" in which they agree not to engage in a number of biblically prohibited practices, including stealing, swearing, adultery, and homosexual behavior.

In 1995, TWU decided to seek approval of a fifth-year professional development program to be added to its existing B.A. in education. The fifth year program would eliminate the need for TWU students who wanted to earn teaching certificates to take their final year of teacher education in an over-crowded program at a nearby public university. The BC College of Teachers (BCCT), which is responsible for teacher education in the province, sent out a team to investigate TWU's proposed program. The team's report recommended the program's approval, but in May 1996, the BCCT rejected the recommendation. College authorities made it clear that they found TWU's Community Standards to be unacceptably discriminatory towards gays and lesbians. In its Fall 1996 Report to Members, the BCCT explained its decision in these terms: "Labeling homosexual behaviour as sinful has the effect of excluding persons whose sexual orientation is gay or lesbian. . . . [It is feared that] the particular world view held by Trinity Western University with reference to homosexual behaviour may have a detrimental effect in the learning environment of public schools."

The arguments of the BCCT were simple: Canadians are protected from discrimination on the basis of sexual orientation under section 15 of the Canadian Charter. Canadian human rights law permits such discrimination in private religious institutions, but TWU was applying for public accreditation so its Community Standards would be discriminatory. Consequently, the BCCT could not grant its approval to a program that would not uphold Canadian values. Furthermore, based on the Community Standards, it is reasonable to fear that graduates of the five-year program at TWU would not be publicly perceived as upholding egalitarian values in the classroom.

The Supreme Court of Canada firmly rejected these arguments. First, the Court found that the Community Standards are not discriminatory in the sense of section 15 of the Charter. "To state that the voluntary adoption of a code of conduct based on a person's own religious beliefs, in a private institution, is sufficient to engage s. 15 would be inconsistent with freedom of conscience and religion, which co-exist with the right to equality." Second, the Court recognized that the legislative measures exempting religious institutions from most human rights legislation were intended to allow religious institutions to flourish, not to exclude them from public life. "It cannot be reasonably concluded that private institutions are protected but that their graduates are de facto considered unworthy of fully participating in public activities." Finally, the Court clearly stated that the BCCT could not reject TWU's program based on concerns about "public perceptions" of discrimination in the absence of actual evidence of discriminatory behavior.

Throughout the proceedings, the BCCT failed to recognize the most basic elements of pluralism and remained blind to its own philosophical assumptions about open-mindedness and tolerance. It reacted with prejudice and intolerance when confronted with TWU's carefully articulated worldview. The Supreme Court's decision was sound, taking into account both the wider range of the Charter's protections and the reality of religious and cultural diversity in Canada.

[Ms. Auxier, a resident of British Columbia, is a 2001 graduate of Princeton University.]