Trinity Western University v Law Society of Upper Canada

TWU, a religious institution in BC, proposed a law school requiring students to sign a Community Covenant including a sexual-conduct provision. The Law Society of Upper Canada (and others) refused accreditation. The SCC majority upheld the LSUC's decision under Doré balancing.

TWU sought accreditation. LSUC voted not to accredit. TWU challenged the decision under s.2(a).

Was LSUC's decision a proportionate balance under Doré?

Yes — accreditation refusal upheld 7-2.

LSUC's public-interest mandate engages broader values than purely vocational training. The decision proportionately balanced Charter values: it preserved equal access to legal education while imposing minimal limit on TWU's religious-freedom interest (TWU could continue to operate without LSUC accreditation).

The majority emphasised that LSUC's mandate is to promote the public interest including equality in access. Refusing accreditation did not prevent TWU from operating; it limited only one downstream consequence (LSUC accreditation of graduates). The dissent (Côté and Brown JJ) would have held the decision unreasonable as it gave inadequate weight to religious freedom.

Most contested modern Doré application. Tested the boundaries of religious-organisation Charter claims. Subsequent litigation about regulator engagement with Charter values continues.

Trinity Western University v Law Society of Upper Canada, 2018 SCC 33, [2018] 2 SCR 453.

McLachlin CJ, Abella J, Moldaver J, Karakatsanis J, Wagner J, Gascon J, Côté J, Brown J, Rowe J