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Trinity Western University v. British Columbia College of Teachers, [2001] 1 SCR 772

Facts:

The Community Standards Act (CSA) requires every member to adhere to the following:
*Identification of homosexual behaviour is “sinful” and behaviour of other people who aren’t gays or lesbians are also targeted
*This is an teaching institution following a particular religious precept, given state recognition as a Christian institution

Issue(s):

Is TWC’s policy discriminatory?

Ratio:

1) Narrowing the scope of rights in a context-heavy balancing practice when competing Charter rights conflict
2) Charter rights have co-equal status – not hierarchical; must be balanced against each other when they conflict

Analysis:

*We don’t really get a clear answer in this context: Court recognizes “competing interests” – the need balance religion and equality
*Describing homosexual as “sinful” must take into account context when considering if it is
*While in a state agency context, CSA would be absolutely inappropriate; but in the context of a religious institution, you may in fact have a different balance that needs to be struck
*Must delineate the rights depending on the particular context

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