Kuhn

On judicial review of a regulator’s refusal to approve a proposed law school with a mandatory religious covenant, the appellate court addressed statutory authority, administrative reasonableness, and constitutional balancing.

The majority held the regulator could consider barrier effects on equal access, diversity, and public confidence when assessing the public interest, and could proceed through its chosen member-vote process.

Applying the Doré/Loyola framework, the court found a proportionate balance between limited religious freedom impacts and significant equality-related statutory objectives.

The regulator’s non-approval decision was restored.

Trinity Western University (TWU), a private Christian institution, applied to the British Columbia College of Teachers (BCCT) for permission to assume full responsibility for its teacher education program.

The BCCT denied the application, arguing it was contrary to the public interest because TWU's Community Standards, which prohibited 'homosexual behaviour', were discriminatory.

The Supreme Court of Canada held that while the BCCT had jurisdiction to consider discriminatory practices, its decision was unjustified.

The Court found that the BCCT failed to properly reconcile the equality rights of public school students with the freedom of religion of TWU students.

Absent concrete evidence that training teachers at TWU fosters discrimination in public schools, the freedom to hold religious beliefs must be respected.

The appeal was dismissed, upholding the order of mandamus directing the BCCT to approve the program.