A Clash Of Rights Leads To A Clash Of Decisions

When legitimate rights of freedom of religion and equality collide, how should they be balanced? Is religious freedom an inherently individualistic right, or do religious communities also have rights that need to be respected? How should courts assess whether limitations on freedom of religion are causing harm, and if they are, how and when can they be justified? How can different types of diversity be furthered when one appears to come only at the expense of another?

The saga of Trinity Western University's proposed law school raises hard questions about balancing competing rights in a pluralistic, multicultural society which strives to foster both equality rights and individual and community religious freedoms. The Supreme Court of Canada's decisions last week addressing these issues show that there are no easy answers. ¹ While the Court ultimately affirmed the decisions of the law societies of B.C. and Ontario not to accredit the proposed law school, it did so