WHATCOTT, HATE SPEECH, AND THE SUPREME COURT OF CANADA

CLF APPROVES PROPOSED SCHOOL OF LAW AT B.C.'s TRINITY WESTERN UNIVERSITY

CLF INTEREVENES AT BC COURT OF APPEAL IN CARTER ASSISTED SUICIDE CASE

WHATCOTT, HATE SPEECH, AND THE SUPREME COURT OF CANADA
THE POSITION OF THE INTERVENOR CHRISTIAN LEGAL FELLOWSHIP

BURLINGTON, ON - The recent decision of the Supreme Court of Canada (the SCC) in R v Whatcott, a case in which Christian Legal Fellowship (CLF) appeared as a key intervenor, affirms that when a court is reconciling Charter rights and values, the freedom of religion and the right to equality must co-exist.

CLF intervened in this case, not to provide specific endorsement of the case on its facts, but  to provide a voice for Judeo-Christian morals and values in the public square and to support an individual's Charter rights of  freedom of religion and of expression.  CLF was the voice at the SCC for upholding religious speech as fundamental to the core values underlying Canada's democratic foundation.  CLF stood firm to argue that religious speech, by its nature, engages controversial topics and that by censoring and otherwise muzzling such dialouge will chill legititmate public debate.

CLF is pleased that the SCC set a new standard in determining the legal boundaries for religious expression in public debate.  The standard for hate speech is clarified to be relatively high and that public conversation based upon belief is affirmed by the highest court in the land.

 CLF is encouraged to see the SCC adopt the position put forward by CLF, by removing the offending language of the Saskatchewan Human Rights Code.  That offending language was contained in a prohibition on speech that "ridicules, belittles, and otherwise affronts the dignity of individuals.  The prohibition was found not to be constitutional in that it is not rationally connected to the tribunal's legislative purpose of addressing systemic discrimination. 

The SCC also reframed the test for hatred to be used in human rights proceedings as: "whether a reasonable person, aware of the context and circumstances, would view the expression as likely to expose a person or persons to detestation and vilification on the basis of the prohibited ground of discrimination". 
 

CLF was one of only two intervenors to be referenced in the writtten decision of the SCC.  CLF intervened in this matter to make a positive difference and was successful. CLF wishes to thank all of its members and supporters, both in prayer and in finances; and to thank CLF members Ruth Ross and Robert Staley.  Thanks also to Robert's legal team from Bennett Jones law firm in Toronto, Ontario for their fine efforts in this important matter.  

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PROPOSED SCHOOL OF LAW AT B.C.'s TRINITY WESTERN UNIVERSITY FOR 2015 GETS APPROVAL FROM CHRISTIAN LEGAL FELLOWSHIP

BURLINGTON, ON - The Board of Directors of Christian Legal Fellowship is pleased to support the development of a School of Law at Trinity Western University. The proposed School of Law encourages students to understand the practice of law as public service and develop professional skills. We believe this will be valuable as the profession is in a state of transition. The proposed School of Law further encourages students to look for areas that are underserved by legal professionals. This includes serving the poor and vulnerable in our society, but also includes potential practice of law in smaller communities. Chief Justice MacLachlin has noted that access to justice is a growing problem in Canada and this proposed law school is attempting to resolve this problem.

We believe that a School of Law at Trinity Western University, a Christian university, could be very positive. It will no doubt have a strong focus on ethics, and imbue a high standard of integrity on students. The university strongly emphasizes servant leadership, which will be an asset to the profession of law.

As a national association of nearly 600 lawyers, law students, and associate members that identify as Christians, and having a mission statement that encourages members to integrate faith with the practice of law, we see the potential to have this integration at law school as a positive step.

CLF thanks and supports its former Executive Director and current TWU professor Dr. Janet Epp-Buckingham for her courageous efforts to bring a law school to TWU and continues to pray for her, TWU and for this project.

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CHRISTIAN LEGAL FELLOWSHIP INTEREVENES FOR LIFE AT BC COURT OF APPEAL
IN CARTER ASSISTED SUICIDE CASE

VANCOUVER, BC - On March 19, 2013, Christian Legal Fellowship appeared before the BC Court of Appeal in the Carter appeal regarding assisted suicide.  CLF argued in favour of life. They also spoke out against Government sanctioned killing by physicians under any circumstances. 

In particular, CLF emphasized three primary points:

1. First, life is sacred and it is the first responsibility of Government to protect life;

2. Second, a contract authorizing a physician to kill a citizen is no more enforceable than is a contract authorizing the enslavement of a citizen;

3. Third, the Courts should not authorize harm or death that the Courts cannot repair (this means that it is unsafe for the Courts to ever authorize euthanasia).

CLF also brought to the attention of the BC Court of Appeal the experience in Alberta between 1928 and 1971, when the Mental Health Hospitals in Alberta sterilized young women and young men without consent or with coerced consent. CLF reminded the Court of Appeal that all institutionalized individuals are at risk of such coercion.

Finally, CLF pointed out the fact that there is a harmony between the law and medicine in the treatment of end of life decision making and that it is not in anyone's interests to disturb the status quo.

Furthermore, palliative care has advanced to the point that no one in Canada need suffer at the end of life.