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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 7 13 \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP sexual orientation and also sex in terms of reproductive rights. The covenant also prohibits abortions, says Kasari, removing the right of women to choose. Intervener Christian Legal Fel- lowship, supporting TWU's law school, has called the forthcoming SCC decision "a watershed moment in the interpretation, application, and nature of religious freedom in Canada." It said that the law societ- ies directive "to act in the 'public interest' is not a freewheeling deus ex machina to subvert Charter rights, nor is it a tool to enforce moral conformity with the Law Societies' approved values." Barry Bussey, legal affairs director for intervener Cana- dian Council of Christian Charities, has written 35 blogs on the issues surrounding TWU. He takes another diversity view. "Is there room in Canada for religious institutions to maintain their traditional definition of marriage and practise that?" he says. TWU law school executive director Earl Phillips, formerly a Vancouver managing partner of McCarthy Tétrault LLP, says the case issues are complex and interwoven. "These issues are not necessarily related to TWU and the covenant itself," he says. They raise Charter issues such as freedom of conscience and religion, freedom of association and s. 15 on equal- ity before the law. "That is why this case is becoming more important," he says. "The difference [in appeal court decisions] has shown up in the Ontario and B.C. Court of Appeal cases and there are two different conceptions of the Charter," he says. Phillips sees the real question as what is the "first principle" under the Charter regarding religious freedoms. "Hopefully, you will get a strong assessment and recitation of the first principal and what it is and what it isn't." TWU's case goes into SCC hearings against a strong LSBC team. B.C. lawyer Peter Gall, a veteran of nearly 20 SCC cases, leads Donald Munroe, a renowned Canadian arbitration lawyer, and Benjamin Oliphant, author of legal articles on the Charter. Gall Legge Grant Zwack LLP is also home to several former SCC lawyer clerks. "We generally take on or like dealing with cases that have complex legal issues," says Gall. The TWU B.C. case is handled by TWU president Robert Kuhn's law firm, Kuhn LLP, with partner Kevin Boonstra as lead counsel. Boonstra has appeared at the SCC and written on constitutional law and religious freedom. Bennett Jones LLP's Robert Staley, in Toronto, who has appeared in provincial, federal and SCC cases, continues on TWU's Ontario case. If successful, TWU still must regain B.C. Ministry of Education school approval, which was withdrawn when the LSBC reversed its accreditation decision. TWU can then start fundraising for assembling a building and faculty. Phillips estimates the law school's first intake could be September 2019. Volkenant says he is disappointed that he wasn't able to graduate from TWU law school, but he adds that it is unfair to suppose that a school defines the individual lawyer. "All lawyers are required to swear [the Barristers' and Solicitors'] Oath," he says, which maintains lawyers should uphold the rights and freedoms of all persons. — JEAN SORENSEN [THE TWU SCC DECISION WILL BE] A WATERSHED MOMENT IN THE INTERPRETATION, APPLICATION, AND NATURE OF RELIGIOUS FREEDOM IN CANADA. CHRISTIAN LEGAL FELLOWSHIP ELEVATE YOUR LEGAL CAREER WITH CBABC MEMBERSHIP Join CBABC today CBABC.org/Membership 1-888-687-3404 NETWORK With all 76 BC & 41 National Sections & Forums LEARN Live and On-Demand Professional Development ACCESS Career opportunities directly emailed to you BA-BC_CL_Oct_17.indd 1 2017-09-14 8:43 AM

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