The Canadian Charter Of Rights And Freedoms Essay example

The Canadian Charter Of Rights And Freedoms Essay example

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Elaine Craig holds that a law degree from Trinity Western University (hereafter referred to as TWU) should not be accepted on the grounds that the lawyers it produces would not have adequate respect for human rights. First, Craig 's argument for why the Federation of Law Societies ' (hereinafter the Federation) “decision to deny TWU’s application would be upheld as reasonable by the courts” will be explicated (2013, p. 152). Secondly, her view will be evaluated in terms of whether the human rights and interests of Canadians would be at risk if law graduates from TWU were permitted to practice law upon graduation. Ultimately, it will be argued that, in virtue of current rules of conduct for licensed lawyers, concern about the protection of Canadians ' human rights is not necessary.

The Canadian Charter of Rights and Freedoms explicitly states that sexual orientation is an unacceptable grounds for discrimination, which signifies that “equality is one of the fundamental legal values on which Canada 's system of law and governance is based” (Craig, 2013, p. 150). While Craig does not contest TWU 's right to exist as a religious educational institution, she states that its proposed law degree program should not be recognized by the Federation because it would be incompatible with the best interests of Canadian citizens (p. 152-153). She insists that a university such as TWU, which openly discriminates against gays and lesbians in both admissions and hiring procedures, could not impart to its students the essential Canadian legal values of “justice, equality, non-discrimination, inclusivity, and anti-oppression” (p. 158).

Were TWU 's religious freedom not guaranteed by British Columbia 's human rights legislation, “its policies would ...


... middle of paper ...


... support in empirical terms” (p. 192). He further claims that this expectation “[confuses] the value of judicial independence with the impossibility of judicial impartiality (p. 192). The same can be said of any legal professionals, and not solely judges. Craig argues that lawyers with degrees from TWU would be incapable of respecting equality rights in light of their education from a university with discriminatory policies. However, there is no such thing as an unbiased lawyer. This is precisely why codes such as that offered by the Bar Association exist, so that the unattainability of neutrality does not prevent ethical practice within the legal profession. If there is no need to question the ethical competence of all lawyers, who are necessarily partial, then Craig 's worry that lawyers from TWU would have particular difficulty respecting human rights is unfounded.

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