TRN305Y1 Lecture Notes - Lecture 7: Trinity Western University, Family Law, In Essence
Document Summary
Trinity western university v british columbia college of teachers 2001 scc 31. Bc teachers board denied certification to twu bc it deemed that the private university"s community standards policy which prohibited homosexual behaviour was discriminatory and that it would not be in the public interest to approve the application. Common conflict of rights religious rights vs anti discrimination righ. Para 29: in our opinion, this is a case where any potential conflict should be resolved through the proper delineation of the rights and values involved. In essence, properly defining the scope of the rights avoids a conflict in this case. Neither freedom of religion nor the guarantee against discrimination based on sexual orientation is absolute . Vast majority of rights can be limited in certain circumstances formally, no. Proper delineation of the rights by limiting them in certain ways, we can hierarchy of rights avoid conflict of rights: (d. ) v. s. (c. ) (1993) 4 scr 141.
