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30 F E B R U A R Y 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m same time respecting freedom of religion rights. He also points to a section of the Civil Marriage Act, enacted by the federal government in 2005, as supporting the university's right to have a law school with this covenant. The section states that no person or organization shall be subject to a sanction or denied a benefit "under any law of the Parliament of Canada solely by reason" of a religious belief that marriage should only be the union of a man and a woman. "What freedom of religion consists of is at the heart of this," says Geoffrey Cowper, lead counsel for the Evangeli- cal Fellowship of Canada and Christian Higher Education Canada, which were interveners in the B.C. litigation. Cow- per, who heads the litigation and dispute resolution group at Fasken Martineau LLP, questions whether critics are gen- uinely concerned about the proposed law school's admissions policy. "Certain faith traditions are not acceptable to some parts of Canadian society now," he says. The path toward accreditation was a lengthy one even before provincial law societies got involved. Trinity Western submitted its law school proposal to the Federation of Law Societies in June 2012, a couple of years after new nation- al standards were adopted as part of the accreditation process. The federation struck a special advisory committee whose members included former heads of five provin- cial law societies. A legal opinion was also sought from John Laskin, a senior lawyer at Torys LLP in Toronto, on various issues including whether a 2001 decision by the Supreme Court of Can- ada that found that the B.C. College of Teachers wrongly refused to accredit Trinity Western's teacher's program was dispositive of the law school question (see "Trinity Western v. B.C. College of Teachers" on page 29). Since preliminary approval was granted in December 2013, five prov- inces deferred to the decision of the fed- eration and accredited Trinity Western. The Law Society of Newfoundland and Labrador voted in June 2014 to hold the matter in abeyance, pending the vari- ous court actions. In B.C., Ontario and Nova Scotia, the law societies decided to address the issue directly. However, it was not a co-ordinated response, says Paul Jonathan Saguil, co- counsel for one of the intervener groups in Ontario opposed to Trinity Western's accreditation. "Our law societies were not prepared for this type of discussion. They did not align across the country. It is not like they were playing from the same playbook," says Saguil, chair of the Ontario Bar Association's equality committee. "That is why we ended up in litigation," he adds. As well, the rationale for Trinity Western's law school has changed slight- ly, says Saguil. The university's proposal to the federation stressed the need for a law school with graduates who would service non-urban communities in B.C. Now, the debate is much more focused on whether law societies would be vio- lating freedom of religion rights in the Charter if the law school is not accred- ited, he says. All your questions about cross-jurisdictional claims in one place Available risk-free for 30 days Order online: www.carswell.com Call toll-free: 1-800-387-5164 In Toronto: 416-609-3800 New Publication Statute of Limitations in International Commercial Claims David Franklin Order # 987250-65203 $125 Softcover approx. 600 pages 978-0-7798-7250-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. COVERS 87 JURISDICTIONS WORLDWIDE Drawing on advice from local experts worldwide, Statute of Limitations in International Commercial Claims clarifi es both the limits and key legal issues that bear upon claims between jurisdictions. Franklin, a commercial litigator and debt recovery expert, asks the questions you'd be forced to formulate, including those you might not even think to ask. Three fast steps to effective action 1. Turn to the jurisdiction with which you're dealing. 2. Find answers from a local expert to the specifi c questions that bear on your claim. 3. Contact the local expert for further information as required using the detailed contact information provided. To view the complete questionnaire, visit www.carswell.com/cc. © 2016 Thomson Reuters Canada Limited 00238IQ-A70354-CM

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