![]() " However, the charter also contains a clause limiting the application of the fundamental rights and freedoms contained therein. Section 2(a) of the charter dictates that "everyone has the following fundamental rights and freedoms: (a) freedom of conscience and religion. For the first time the Canadian constitution contained explicitly guaranteed fundamental rights and freedoms. One of the jurisdictional errors alleged was a breach of the religious freedom guaranteed in the Canadian Charter of Rights and Freedoms (the "Charter"), which dates back only to 1982, when then Prime Minister Pierre Trudeau oversaw the repatriation of the Canadian constitution from the United Kingdom. TWU alleged many errors of law and jurisdiction as well as breaches of natural justice. In October 1996 TWU filed a petition in the British Columbia Supreme Court for judicial review of the BCCT's action. If the BCCT can deny the accreditation of TWU's Teacher Education Program and therefore deny certification to teachers graduating from it, other accrediting bodies could do likewise-which could turn a well-respected academic university into a small theological college simply because the beliefs of its founders and members are not politically correct.īecause the BCCT exercises state authority, its decisions are subject to constitutional scrutiny. For example, TWU's nursing program is approved by the Registered Nurses Association of British Columbia (a body similar in nature to the BCCT). ![]() The school also maintains a number of professional schools that enjoy accreditation from the relevant governing body. All of TWU's academic programs and degrees are fully recognized. If the BCCT's decision went unchallenged, the repercussions for TWU and other private religious universities could be devastating. The "discriminatory practices" were directed at the community standards' requirement that students, staff, and faculty to refrain from "homosexual behavior." The BCCT decided that because staff, students, and faculty at TWU were not permitted to engage in homosexual behavior, its program was necessarily discriminatory and therefore not deserving of public approval. After an internal appeal, and after obtaining up to three legal opinions, the BCCT still refused to approve TWU's teacher education program, deciding on June 29, 1996, that "Trinity Western University's appeal in regard to the college's denial of its application for approval of a teacher education program be denied because the council still believes that the proposed program follows discriminatory practices which are contrary to the public interest and public policy, which the college must consider under its mandate as expressed in the Teaching Profession Act." The council of the BCCT, however, introduced a new criterion, a "nondiscrimination requirement," and denied the application. ![]() With the exception of minor suggestions for the improvement of the program, each committee and team recommended its approval. The BCCT sent various committees and teams to assess TWU's application. TWU has developed such a program for its teaching students and was looking for its accreditation by the British Columbia College of Teachers, the body charged by the government with this responsibility. However, in order for teachers to be qualified to teach in British Columbia's public schools, graduates are also required to complete a final year of accredited professional teacher education (a teacher education program). As with all TWU degrees, the degree is widely recognized by both Christian and non-Christian institutions. TWU has since 1985 conferred Bachelor of Education degrees on graduates. These community standards include, but are not limited to, refraining "from drunkenness, use of profane language, harassment, all forms of dishonesty, including cheating and stealing, abortion, involvement in the occult, and sexual sins, including premarital sex, adultery, homosexual behavior, and viewing of pornography." The community standards also contain admonitions to treat everyone with respect, to show compassion, to edify others, and to demonstrate unselfishness. In 1969 the British Columbia legislature enacted the Trinity Junior College Act constituting TWU as a body corporate with the object of providing university education "with an underlying philosophy and viewpoint that is Christian."īecause of its Christian character, members of the TWU community-faculty, staff, and students-agree to maintain biblical standards of conduct. ![]() Trinity Western University (TWU), an institution of higher learning in Langley, British Columbia, was founded by the Evangelical Free Church of Canada (EFCA) in 1962 and incorporated as a nonprofit society. Discriminatory Practices Kevin Boonstra January/February 1998 ![]()
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