Canadian Lawyer

12 O C T O B E R 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 \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP Trinity Western case headed to SCC B efore University of B.C. law student Brayden Volkenant graduates in 2018, his name will have been linked with two decisive Supreme Court of Canada appeals on reli- gious freedom that have also upended SCC protocol. The son of a lawyer, Volkenant is the Trinity Western University business administration graduate who has lent his name to the Christian university's battle against law societies refusing to accredit its law students. TWU requires students to sign a religious covenant that includes no sex outside the traditional man-and-woman marriage. Several provincial law societies support the claim by the LGBTQ community that it discriminates against same-sex couples. TWU is appealing an Ontario decision that supported the Law Society of Upper Canada, while the Law Society of B.C. is appealing a B.C. decision siding with TWU. The two SCC cases (heard together) are slated for Nov. 30 and Dec. 1. The SCC pleadings come with a hefty legal bill — more than $1 million for TWU — as the Christian school has fought in three provinces before its pleadings landed in Canada's highest court. Volkenant became part of the suit after graduating from TWU and awaiting the law school opening. "I decided to bide my time, make some money, got married and waited to see what would happen." When it didn't happen, Volkenant opted for two years law at the University of Alberta, and he is now finishing at UBC. Volkenant has no qualms lending his name to the suit. "That was something I wanted to do and I'm not ashamed of going to Trinity," he says, adding that the chance to learn from the court rulings is a "lifetime opportunity." Already the two cases have raised questions about SCC protocol. SCC Justice Richard Wagner originally limited interveners to nine groups, excluding the LGBTQ commu- nity. Chief Justice Beverley McLachlin, in an unprecedented move, waived the order, allowing 26 interveners (29 groups with some joint presenters) as well as Ontario's attorney general. The hearing was extended from one to two days. The interveners are a mix of religious groups and organiza- tions, students and professors, LGBTQ organizations, human rights groups and legal organizations. The case will be one of McLachlin's last before she retires. Spokesman David Jordan says the LSBC has "no new com- ments" regarding the TWU case as it is before the courts. But the opposition by B.C. lawyers to the benchers approving the school is encapsulated in a letter by an opposing lawyer dis- tributed before a 2014 "special general meeting" vote revers- ing acceptance. The April 23 letter sent by the LSBC with the resolution said: "The granting of approval to an institution founded on an offensive and discriminatory policy will not serve to promote or improve the standard of practice of law- yers in the province." West Coast LEAF, an intervener since the case started in B.C., argues that institutions training lawyers should respect Charter equity rights. Executive director Kasari Govender sees the covenant allowing sex only between a man and woman after marriage as discriminatory in three areas: marital status, ANGELA FAMA

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