Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 6 7 T he Nova Scotia Barristers' Soci- ety has announced it will not be seeking leave to appeal a decision of the province's court of appeal that found in favour of Trinity Western University, giving graduates of the pri- vate Christian university in B.C. the legal green light to practise in the province. The Nova Scotia Court of Appeal deter- mined that a new regulation imposed by the NSBS to restrict TWU lawyers from practising is ultra vires. All students at Trinity Western must sign a "Community Covenant" that pro- hibits sexual intimacy outside of marriage between a man and a woman. In response to the school's announcement that it intended to establish a law degree, the Nova Scotia Barristers' Society amended its regulations and passed a resolution that constrained Trinity Western's law grads from articling in the province. The amend- ed regulation said that, if the governing council "determines that the university granting the degree unlawfully discrimin- ates in its law school admissions or enroll- ment policies or requirements on grounds prohibited by either or both the Charter of Rights and Freedoms and the Nova Scotia Human Rights Act," then the university's degree would not be considered a "law degree" in Nova Scotia. The Nova Scotia Court of Appeal found that NSBS had overstepped its bounds. The justices concluded that the Legal Pro- fession Act did not authorize the society's governing body to enact a regulation about whether someone in British Columbia unlawfully violated the Human Rights Act or the Charter. In the wake of the ruling, the barristers' society is removing the offending amend- ment and will reluctantly roll out the red carpet for future law grads of TWU. "We're back to the way it was," says NSBS presi- dent Daren Baxter. "If nothing changes and the Trinity Western school goes ahead, graduates will be accepted for articles in Nova Scotia." While the law society has accepted the appeal court's ruling, it is still making clear to all members of the profession that big- otry will not be tolerated. "We take equity and diversity very seriously. That message has gotten out there," Baxter says. The Nova Scotia Barristers' Society is not alone in its legal challenge of Trinity Western. Law societies in Ontario and British Columbia have also taken issue with the discriminatory aspects of TWU's Community Covenant. Earlier this year, the Ontario Court of Appeal found in favour of the Law Society of Upper Canada and TWU has indicated its intent to appeal that ruling to the Supreme Court of Can- ada. Now the Law Society of B.C. is await- ing a decision from its appeal court. — DONALEE MOULTON donalee@quantumcommunications.ca REGIONAL WRAP-UP AT L A N T I C \ AT L A N T I C \ C E N T R A L \ W E S T Trinity Western grads can practise in Nova Scotia NL CONSIDERS DRUG TREATMENT COURT A drug treatment court may soon make an appearance in Newfoundland and Labrador. The federal government has given the province $30,000 to assess the feasibility of establishing a specialized drug court. Johnathan McDonald, a criminal lawyer with Bob Buckingham Law in St. John's, believes it is money well spent. "I've seen an epidemic of drug abuse. People get caught up in the criminal justice system. They are better served by alternative forms of justice." Unlike traditional courts, drug treatment courts are intended to get to the root of an offender's problem and address those issues directly. Like mental health and domestic violence courts, they provide an option other than incarceration, aiming to reduce the number of crimes committed to support drug dependency by offering judicial supervision, comprehensive substance abuse treatment, random and frequent drug testing, incentives and sanctions, clinical case management and social services. "Individuals will get help for their problem, and that leads to lower recidivism," says McDonald. He points out, however, that drug treatment courts do not offer a get-out-of-jail- free card. "We need to draw a line. It's not a way for people to escape responsibility." The federal support for the project comes out of the Drug Treatment Court Funding Program, which is intended to reduce crime committed as a result of drug dependency. According to St. John's East MP Nick Whalen, who made the official announcement, as many as 80 per cent of all federal offenders have past or present substance abuse issues. The feasibility study, now underway, is expected to be completed by the end of the year. It will involve discussions with the police, the judiciary, legal aid, private lawyers and the Department of Health and Community Services. If given the green light, the Newfoundland and Labrador drug treatment court would be the seventh such court in Canada. — DM

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