RE: Trinity Western University Consultation

1235 Fairview St., Suite 223, Burlington, ON, L7S 2K9 Ph. 905-332-0597 Fax 905-319-2940 www.christianlegalfellowship.org Via Email to: communications@lawsociety.nt.ca September 16, 2014 Law Society of the Northwest Territories P.O. Box 1298, Stn Main Yellowknife, NT, X1A 2N9 Attention: Executive of the Law Society of the Northwest Territories Dear Members of the Executive: RE: Trinity Western University Consultation On October 16, 2014, the Executive of the Law Society of the Northwest Territories (LSNT) will meet to discuss whether Trinity Western University's (TWU) proposed law school program graduates should be approved for purposes of meeting the academic qualification requirement for admission to the Northwest Territories Bar. The society has invited comments from the profession and the public on this matter. The Christian Legal Fellowship appreciates this opportunity. The Christian Legal Fellowship (CLF) has also made written submissions to the Law Society of Newfoundland and Labrador (May 26), Law Society of New Brunswick (April 11), the Law Society of Upper Canada (March 26), the Law Society of British Columbia (February 28), and the Nova Scotia Barristers Society (February 11) in response to similar consultations. It is noted that the Federation of Law Societies of Canada, to whom the power of approval was granted, has already considered this issue and approved TWU s application. TWU also received approval from the British Columbia Ministry of Advanced Education to grant the degree Juris Doctor (J.D.). Much of the attention surrounding TWU s proposed school of law has to do with sensitivity to concerns about discrimination, and thus the perceived need of the Law Society to ask the above question. It is our understanding that the question arises in connection with the TWU Community Covenant Agreement, as has been the case in New Brunswick, Ontario, British Columbia, and Nova Scotia. These other law societies have reviewed or are reviewing the issue of whether they will permit graduates of TWU s proposed school of law to acquire membership in their society. The CLF is a national charitable association that exists to serve the legal profession by deepening and strengthening the spiritual life of its members, and to encourage and facilitate among Christians in the vocation of law the integration of a biblical faith with contemporary legal, moral, social, and political issues. The CLF s membership consists of nearly 550 NGO in Special Consultative Status with the Economic & Social Council of the United Nations BOARD OF DIRECTORS Robert Reynolds, President - Québec Michael Menear, Vice President - Ontario Josh Tong, Secretary - Ontario Tim Sinnott, Treasurer - Ontario Shannon Davis - Alberta Philip Fourie - Saskatchewan Philip Milley, Student Rep. - Newfoundland & Labrador Shawn Smith - British Columbia Rev. Greg Sumner - British Columbia Charlene Thomas - Manitoba STAFF & VOLUNTEERS Nicola Mulima- Executive Director - 905-332-0597 ext. 253 Calvin (Cal) Beresh - Director, Student Ministries - 905-357-5555 Tim Stonhouse - Regional Director, West - 780-458-7690 Rev. Reid Cooke - Chaplaincy 905-228-0324 Janine Van Nus - Office Administrator/Media Designer - 905-332-0597 ext. 254 Mary-Lou Houlik - Administrative Support - 905-332-0597 ext. 255 Shawn Knights - Student Ministry Support - 905-332-0597

CLF Page 2 lawyers, law students, professors, and others who support its work. It has 14 chapters in cities across Canada and student chapters in most Canadian law schools. While having no direct denominational affiliation, CLF s members represent more than 30 Christian denominations working in association together. The CLF was founded out of the conviction that the practice of law is a vocation, a calling from God. As Christian lawyers, we are heirs to a tradition of legal thought that bears on many of the most pressing legal and constitutional questions facing our profession, as well as our broader community. We believe it is our responsibility as Christian lawyers to continue to develop that tradition, and to articulate what we understand to be required by justice in a free and democratic society. As Canada s largest association of Christian lawyers, CLF is uniquely positioned to comment on some of the issues being considered by the LSNT in this matter. Our starting point is that, in a multicultural society such as Canada, there can be no single conception of sexual morality and marriage that all must be compelled to believe. Indeed, even within CLF s own membership, there is a divergence of individual beliefs on this matter. However, our members stand united in the conviction that individuals should be free to formulate and adhere to their own understanding of the good, and live according to their individual conscience and religious beliefs. These principles are not only entrenched in the Canadian Charter of Rights and Freedoms, but in this particular context, they are specifically affirmed in the preamble to the Civil Marriage Act, which states that 'it is not against the public interest to hold and publicly express diverse views on marriage'. 1 CLF would be concerned if TWU refused to admit gay students, but it does not. It does require that all of its students live according to an evangelical Christian code of conduct while in attendance at TWU, including an evangelical Christian understanding of marriage and sexuality. The current campaign, although directed against TWU specifically, has implications for all those in the legal profession Christian or otherwise - who understand marriage and sexuality in the same way as TWU, as well as for any lawyer who opposes certain laws, even while abiding by them and advising their clients to do likewise. The message is that it is not enough to accept gay and lesbian colleagues and clients as colleagues and clients and to serve them impartially. The thrust of the opposition to the TWU proposal would prohibit lawyers, judges and law professors from articulating or endorsing, either in the public square, the academy, or the marketplace, a religious understanding of marriage and sexuality which differs from what is defined by the civil law for secular purposes. TWU is not training its students to accept an erroneous understanding of the civil law or provide inaccurate legal advice about the legal impact of the Civil Marriage Act if so, the LSNT would have every right to be concerned. To the contrary, Christian lawyers, like all lawyers, understand the difference between providing accurate, sound legal advice in their professional practices, and formulating personal comprehensive belief systems which may differ from the state s official position. The implications of refusing TWU accreditation on these grounds will be felt by Christian lawyers indeed lawyers of all faiths and those of no faith who hold similar conscientious views throughout Canada. Law deans, law firm diversity committees, corporate counsel initiatives, law student councils, and others with power over lawyers and law students will take from such a refusal a mandate not to tolerate any dissent from their view on matters of sexual morality or marriage. Canadian society is robust enough to live with the tension of divergent understandings of marriage and sexuality, just as it is robust enough to live with the tension of divergent understandings of the divine. Canadian society can handle disagreements about the morality of sexual practices and the nature of marriage, just as it handles disagreements about the value of religious practices.

CLF Page 3 There exist, in the courts, law faculties, and firms, Christian lawyers who accept the moral theology behind the TWU code of conduct. They have not, to this point, been viewed as unfit to practice and to teach. But if the TWU application is denied, we can expect that pressure will be brought to bear on them as well. It is intolerable that lawyers should be required to conform their personal beliefs to someone else s view of what marriage ought to be and what its purpose is. But that will be the message if the TWU application fails. The legal profession is one that has always promoted independence from the state, diversity of opinion, and freedom from mental and religious coercion. Its existence is predicated on the ability of its members to maintain that independence, and that starts with respecting their freedom to form their own beliefs. Law societies exist to regulate professional conduct and competence, not to police the personal beliefs and convictions of its members. To impose a blanket prohibition on all TWU graduates would be to pre-emptively judge a candidate as unworthy of the profession simply because he or she adheres to certain religious beliefs. Such a ban would violate the very principles of independence, diversity, and natural justice that the profession exists to protect, and would be egregious in the absence of any evidence that the individual candidate would actually engage in unlawful discrimination in his or her practice. To paraphrase the findings of the Supreme Court of Canada in BCCT v. TWU 2, although members of the legal profession may have reasons to object to TWU s Community Standards, they are not sufficient to deny TWU graduates admission to the bar. Indeed, if TWU s Community Standards could be sufficient in themselves to justify such denial, it is difficult to see how the same logic would not result in the denial of admission to the bar to members of a particular church, or to any future candidate who might hold dissenting and unpopular views on a given political, social, or moral matter. The diversity of Canadian society is partly reflected in the multiple religious and other non-governmental organizations that mark the societal landscape, and this diversity of views should be respected. As a quasi-governmental body, the LSNT must exercise its authority in a manner consistent with the values enshrined in the Canadian Charter of Rights and Freedoms. The LSNT must take into account the Charter value of freedom of religion. As the SCC concluded in its careful review of this very issue, where rights appear to be in conflict the appropriate reconciliation involves the toleration of divergent beliefs and respect for the freedom of individuals to adhere to those beliefs. As the Supreme Court of Canada concluded in BCCT v. TWU, tolerance of divergent beliefs is a hallmark of a democratic society. The CLF submits that such tolerance must begin with lawyers themselves, as the guardians of the rule of law. Please note the 224 endorsements including judicial (retired) that follow. CLF would be pleased to provide further assistance in any way the LSNT believes would be appropriate. Thank you for your attention to this matter. Sincerely, Nicola Mulima, B.R.E, M.T.S., J.D. Executive Director CHRISTIAN LEGAL FELLOWSHIP / Alliance des chrétiens en droit www.christianlegalfellowship.org

CLF Page 4 ENDORSED BY: 1. Jeannette Savoie, Lawyer, Yellowknife, NT 2. Eugene Meehan, Q.C. LL.B., LL.M., LL.B., D.C.L., Practicing member of the Bar of Ontario & Alberta, all three Northern Bars (Yukon, N.W.T., Nunavut), and the U.S. State Bar of Arizona 3. Frank de Walle, Lawyer, BA, LLB (U of T 1980), Lethbridge, AB 4. André Schutten, LL.B., LL.M., Ottawa, ON 5. Christopher E. Taucar, Lawyer, Toronto, ON 6. Sereen Batarseh, Lawyer, Calgary, AB 7. Timothy J. Sinnott, Lawyer, Partner, Bereskin & Parr LLP, Kitchener, ON 8. Dr. Brian D. Scott. HBA; LLB; D. Min, Retired Lawyer, Pastor, Consultant, London, ON 9. Paul D. Faris LL.B., Lawyer, Called to the Bars of Ontario and Alberta, London, ON 10. James CS Lam, Lawyer, Markham, ON 11. Chantal Desloges, LL.B. (Osgoode), C.S., Lawyer, Toronto, ON (Certified by the Law Society of Upper Canada as: Specialist in Citizenship and Immigration Law & Specialist in Refugee Law) 12. Michael Menear, Lawyer, London, ON 13. Waldy Derkson, Lawyer, Winnipeg, MB 14. Dawson McKay, Law Student, Halifax, NS 15. Andrew Hnatiuk, B.A., CIP, Law Student, Robson Hall Law School, University of Manitoba, Winnipeg, MB 16. Ian Mahood, J.D. Candidate 2016, Schulich School of Law, Dalhousie University, Halifax, NS 17. Peter Luttmann, Dalhousie-Schulich School of Law, South Farmington, NS 18. J. Allen Howard, Barrister & Solicitor, Calgary, AB 19. Jeannette Klekta, Winnipeg, MB 20. Christopher A. Hiebert, Law Student (University of Western Ontario), MA (Brock University), London, ON 21. Theodoric Derek Nowak, BA, BEd, LLB, Called to the Newfoundland and Labrador Bar 2009 22. Philip Milley, Articling clerk, St. John s, Newfoundland 23. Barry W. Bussey LL.B., LL.M., Lawyer, Elmira, ON (Newfoundland 1993, Ontario 1996) 24. Dr. Thomas M.J. Bateman, Associate Professor Political Science, St. Thomas University, Fredericton, NB 25. Christopher R. Lavigne, Lawyer, Fredericton, NB 26. George P.L. Filliter, Arbitration and Mediation Services, Fredericton, NB 27. Ted Newell, Associate Professor, Crandall University, Moncton, NB 28. David McMath, Lawyer, Fredericton, NB 29. Hilery T. Hargrove, Barrister & Solicitor, Plaster Rock, NB 30. Marcus Beesley, Student- at-law, Fredericton, NB (Marcus may be submitting an additional, independent letter for consideration) 31. Heather Hughes, CLF Supporter and Associate Member, Fredericton, NB 32. James S Kitchen, Law Student (University of New Brunswick), BA, Fredericton, NB 33. Janine Van Nus, Burlington, ON (Completed 2 Years of Law School at the University of New Brunswick) 34. Gwenyth S Stadig, BSc, MA, JD (cand.) (UNB), Fredericton, NB 35. Marcia Smith, LLB (U.K.) NCA (UNB), Toronto, ON 36. Genna A. S. Evelyn, Lawyer, New Brunswick (2007), Ontario (2009), Québec (2014) 37. Jad Debs, Law Student, Schulich School of Law, Halifax, NS 38. Andrew Nicol, JD Student, Schulich School of Law, Dalhousie, Halifax, NS 39. David St. Clair Bond, Barrister and Solicitor, Hubbards, NS 40. Kristin Debs, Lawyer, Halifax, NS 41. Fr. Evo DiPierro, Member of the N.S. Bar since 2003 42. Linda Yang, Law Student, Dalhousie University, Halifax, NS 43. Andrew Loewen, Lawyer, Winnipeg, MB 44. Timothy W.U. Bayly, Lawyer, Partner, KMSC Law LLP, Grande Prairie, AB 45. Charlene Thomas, Lawyer, Winnipeg, MB

CLF Page 5 46. Edward Choi, Law Student (JD candidate, University of New Brunswick), LLM (Arb&DR), LLB, BBA, Dip Acct (intends to submit a separate, independent submission) 47. JoAnne Nadeau, Lawyer, Stittsville, ON 48. Simone Samuels, B.A. (Hons.), LL.B., B.C.L., Montréal, QC 49. Lakin Afolabi, Lawyer, London, ON 50. Barbara F. VanBunderen, Lawyer, London, ON 51. Paul Fletcher, Lawyer, Locust Hill, ON 52. Adebanke Elizabeth Adediran, Barrister & Solicitor, Calgary, AB 53. J. Scott Kennedy, Lawyer, Oakbank, MB 54. Kyle Van Schie, University of Ottawa Law Student, Nepean, ON 55. Kyle Morgan, Law Student, University of Manitoba, Winnipeg, MB 56. Karen Gee, B.A., J.D., LL.M., Barrister & Solicitor, Richmond, BC 57. David Macphail, Barrister and Solicitor, Calgary, AB 58. Jocelyn S. Kraayenbrink, B.A. (Hons), J.D., Lawyer, Chatham, ON 59. Monick L. Grenier, Barrister & Solicitor, Ottawa, ON 60. Denis Grigoras, Lawyer, London, ON 61. John Sikkema, Law Student, Queen s University, Kingston, ON 62. Geoffrey F. Cauchi LL.B., Lawyer, Mississauga, ON 63. Algernon Phillip, Student-at-Law, Toronto, ON 64. Changoo Jung, Student-at-Law (Queen s University), Kingston, ON 65. Ryan McConaghy, Lawyer, Toronto, ON 66. Carlton Thorne, Barrister and Solicitor, Toronto, ON 67. Stacey Huxtable, M.A., LL.B., Barrister and Solicitor, Sarnia, ON 68. Charles Graham Wallis King, B.A., M.Sc., J.D., Barrister and Solicitor, Toronto, ON 69. Thomas G. Dean, Lawyer, London, ON 70. Christine Lowe, Student-at-Law (Osgoode Hall Law School), Toronto, ON 71. Danny Gurizzan Jr., Student-at-Law, Woodbridge, ON 72. David Van Der Woerd, Lawyer, Hamilton, ON 73. Geoffrey Wong, Law Student, University of Ottawa, Ottawa, ON 74. Rob Wildeboer, Lawyer, Toronto, ON 75. Grace McIntosh, Legal Counsel, Seventh-day Adventist Church of Canada, Oshawa, ON 76. John C. Knibbe, Barrister, Solicitor, and Notary, Calgary, AB 77. Joshua Beattie, Student-at-Law, Osgoode Hall Law School, Toronto, ON 78. Kathleen Pinno, Student-at-Law (University of Alberta), Edmonton, AB 79. Renée E. Short, Barrister & Solicitor, Calgary, AB 80. Dawn Bennett, Lawyer, Mississauga, ON 81. Vina E. Sayson, Lawyer, Richmond, BC 82. Gary A. Bennett, Lawyer, Mississauga, ON 83. Kelly P. Hart, B.A., LL.B., Barrister & Solicitor, Ottawa, ON 84. Dennis Shannon, Fenelon Falls, ON 85. Julie Ralhan, B.A., LL. B., LL. M., Barrister & Solicitor, Toronto, ON 86. Elizabeth Swarbrick, Lawyer, Almonte, ON (Member of the NS Barristers Society for 10 years, Attended Dalhousie University) 87. Elizabeth F.C. Davis-Dagg, J.D., Deputy Mayor, Municipality of Lambton Shores, ON 88. Joel Reinhardt, Student-at-Law, Ottawa, ON 89. Paul D. Mack, B.A. (Sydney), LL.B. (Western), LL.M. (Osgoode), Lawyer, Oshawa, ON (Intends to submit an additional, independent letter for consideration) 90. Derek B.M. Ross, LL.B., LL.M., Lawyer, Elmira, ON 91. Jonathan Ng, Lawyer, Toronto, ON

CLF Page 6 92. Jessie Legaree, Second-year Law Student, University of Toronto 93. Joshua Tong, Barrister and Solicitor, Toronto, ON 94. C.E. Taucar, Ph.D., LL.M., LL.B., B.A., Barrister & Solicitor, Bradford, ON 95. Tyler Koverko, JD, Articling Student, London Crown Attorney's Office (Ontario) 96. Daniel J. Mol, B.A., M.Sc.Econ., J.D., Barrister & Solicitor, Edmonton, AB 97. Nathan Wiebe, Lawyer, Edmonton, AB 98. Rhoda Adetunji, Articling Student, Toronto, ON 99. Catherine Duncan, Law Student, Western University, London, ON 100. Peter Mogan, Lawyer, Vancouver, BC (he has made a separate, independent submission in addition to ours) 101. Valerie Dye (PhD), Barrister, Solicitor & Notary Public, 100 Sheppard Avenue West., Toronto, ON, Adjunct Professor (Business Law) Ryerson University. 102. John S. Lockhart, Lawyer, Mississauga, ON 103. L. Frank Molnar, QC, MIR, Partner, Field LLP, Called to the Bars of Alberta and Ontario 104. Andrea Dickinson, CPA, CA, LL.B., Lawyer, Toronto, ON 105. Christian Ferraro, Law Student/ MBA Student: Osgoode Hall Law School, Schulich School of Business 106. Nicolas Francis Osgoode Hall Law School, JD Candidate 2015, Toronto, ON 107. Shawn Knights, Articling Student, Niagara Falls, Ontario 108. Joseph P. Hamon B.A., LL.B., C.S. (Family Law), Certified by the Law Society of Upper Canada as a specialist in Family Law, Combermere, ON 109. Philip Watts, Lawyer, Winnipeg, MB 110. Reuben Zaramian, Law Student, Osgoode Hall, Toronto, ON 111. Katherine Ernst, Law Student, University of Toronto, Toronto, ON 112. Tatiana Emanuel, 1L J.D. Student, University of Toronto, Toronto, ON 113. Matthew Feil, Lawyer, Kincardine, ON 114. Paulette S. Haynes, Lawyer, Haynes Law Firm, Toronto, ON 115. Trevor Owen, Lawyer, Barrie, ON 116. Lola French, Executive Director, Canadian Association of Pregnancy Support Services, Red Deer, AB 117. Marty Klein, Mediator, Barrister, and Adoption Licensee, Mississauga, ON 118. Kenneth Koprowski, Lawyer, Strathroy, ON 119. Tom Schuck, Lawyer, Weyburn, SK 120. Deborah Santema Olthof, Lawyer, Leduc, AB 121. Rachelle Pearce, Lawyer, Toronto, ON 122. Murielle Harkema, Second-year Law Student, University of Alberta 123. Clifford G. Pyle, Saskatoon, SK 124. Jonathan Lee, JD/MBZ, Articling Student, Toronto, ON 125. James F. Reich, Lawyer, Calgary, AB 126. Nancy Toran Harbin, Partner & Sr. V.P., Shoosha Truly Organic Inc., Toronto, ON 127. Thomas Spraggs, Lawyer, Coquitlam, BC 128. Richard M. Harding B.A., J.D., R.F.M, Barrister and Solicitor, Calgary, AB 129. Walter Thiessen, Lawyer, Winnipeg, MB 130. Robert E. Reynolds, Avocat, Montreal, QC 131. Wayne L. Bernakevitch, Partner, Deer, McDougall Gauley LLP, Barrister and Solicitor 132. Daniel J. Whittal, Lawyer, Chatham, Ontario 133. Angie Redecopp LLB, MBA, Director of Development Prairie Region, International Justice Mission; former partner, Borden Ladner Gervais LLP 134. Jeffrey Wyngaarden, Master's candidate, Philosophy of Law, McMaster University 135. Philip Fourie, Lawyer, Partner, Kirkby Fourie Law Firm 136. Peter Trieu, Lawyer, Calgary, AB 137. Behnam Eftekhari, Defence Paralegal, Concord, ON

CLF Page 7 138. Roger Song, Student-at-Law AB, Member of New York Bar, JD University of Calgary, LL.M. (NYU), LL.B, LL.M, Peking University, China 139. Jessica Lo, Lawyer, Vancouver, BC 140. Anthony N. Schratz, Member of the Quebec Bar 141. Jordan Bierkos, Law Student, University of Calgary, Calgary. AB 142. Nancy Bergstrom, Lawyer, Red Deer, AB 143. Walter Kubitz, Lawyer, Calgary, AB 144. Darren L. Richards, Barrister & Solicitor, Edmonton, AB 145. Terry Prockiw, B.Comm., LL.B., Barrister and Solicitor, Smoky Lake, AB 146. Gary Hoftyzer, Lawyer, Mississauga ON 147. Donald Edward Lionel Hutchinson, In-House Counsel, Ottawa, ON (1990) 148. Albertos Polizogopoulos, Lawyer, Ottawa, ON 149. Faye Sonier, Legal Counsel, Centre for Faith and Public Life, The Evangelical Fellowship of Canada 150. Thomas J. Johnson, B.A., LL.B., Lawyer, Summerland, BC 151. Alastair Rees-Thomas, Barrister & Solicitor, Richmond, BC 152. Kallen Fong, Barrister & Solicitor, Vancouver, BC 153. Masao Morinaga, Lawyer, Richmond, BC 154. David L. Campbell, Lawyer, Windsor, ON 155. Teanna Lobo, 2nd year Law Student, Western University, London, ON 156. Michael H. Murray, Lawyer, London, Ontario 157. Ginny Li, Law Student at Osgoode Hall Law School, J.D. Candidate 2015, Mississauga, ON 158. Jennifer Park, Barrister and Solicitor, BA, JD 159. Shayna Beeksma, Lawyer, Burlington, ON 160. Peter Vlaar, Law student, Osgoode Hall Law School 161. Serena Singh, Student-at-Law, Toronto, ON 162. Ashley Gnyś, Lawyer, Partner with Sharpe, Beresh and Gnyś, Niagara Falls, ON 163. Calvin Beresh, Lawyer, Partner with Sharpe, Beresh and Gnyś, Niagara Falls, ON 164. Brian K. Worrad, Lawyer, Partner with Menear Worrad & Associates, London, ON 165. Michael Dieleman, Lawyer, Richmond, BC 166. Carmelle Dieleman, Articling Student, Richmond, BC 167. Geoff Severide, Barrister & Solicitor, Penticton, BC 168. Candace Cho, Lawyer, Vancouver, BC 169. Rev. Greg Sumner, Pastor, New Life Community Baptist Church, Duncan, BC 170. Jeffrey S. Lowe, Lawyer, Vancouver, BC 171. Luke Johnson, Barrister & Solicitor, Surrey, BC 172. Sandra M. Jennings, Lawyer, BC 173. Ann Seidenberg, Oakville, ON 174. Richard L. Wright, Barrister, Solicitor, & Notary Public, Belleville, ON 175. Lisa Wight, Lawyer, Plattsville, ON 176. Rev. Reid Cooke, Ordained by the United Baptist Churches Maritimes (1974), Niagara, ON 177. Dennis J. Reeve B.Sc., J.D., Hobson & Reeve Barristers, Newmarket, ON 178. Jonathan Kulathungam, Partner, Teplitsky, Colson LLP, Toronto, ON 179. Miyoun Oh, Law student, Toronto, Ontario 180. Craig Lewis, B.A., LLB., Lawyer, RZCD Law Firm LLP, Mississauga, ON 181. Nicola P. Mulima, Lawyer, Brampton, ON 182. Sean Oostdyk, Lawyer, Burlington, ON 183. Chris Markou, Lawyer, Brampton, ON 184. Lesley L Heureux, Counsel, Department of Justice, Ontario Regional Office, Tax Law Services Section, ON 185. Sam Ip (Articling Student), JD/MBA (Western University) 186. John E. Humphries, Barrister & Solicitor, Peachland, BC 187. Philip J. Dougan, Lawyer, Vancouver, BC

CLF Page 8 188. Gerald Kent, Lawyer, Cranbrook, BC 189. T. Charles De Jager, Barrister & Solicitor, Surrey, BC 190. Donald L. Wilkinson, Partner, Porter Ramsay LLP, Kelowna, BC 191. Reid A. Wilkie, Barrister and Solicitor, Medicine Hat, AB 192. Geoffrey Trotter, Lawyer, Vancouver, BC 193. Stanley Leo, Lawyer, Vancouver, BC 194. Oloff Beirmann, Barrister & Solicitor, Langley, BC 195. David Gileff, Lawyer, Vancouver, BC 196. Ken Volkenant, Barrister & Solicitor, Surrey, BC 197. Ronald J. Smith, QC, Barrister and Solicitor, Kelowna BC 198. Peter J. Anderson, Barrister & Solicitor, Vancouver, BC 199. Shawn M. Smith, Partner, Cleveland Doan LLP, Barrister and Solicitor, White Rock, BC 200. I. Stanley Osobik J.D., Lawyer, Victoria, B.C. 201. Marie-Louise Fast, Barrister & Solicitor, Richmond, BC 202. George Gunnink, Lawyer, Surrey, BC 203. Sean Hedley, Second-year Law Student, UBC Faculty of Law, Vancouver, BC 204. Robert Z. Donick, Barrister & Solicitor, Kelowna, BC 205. Nardia Chernawsky, Articling Student, Vancouver, BC 206. Christopher A. Becker, Lawyer, Abbotsford, BC 207. Brad E.L. Douglas, Barrister & Solicitor, Prince George, BC 208. Arlene Blake, Barrister, Solicitor, C.Arb., and Notary Public, Calgary, AB 209. Lee Sawatzky, Lawyer, Langley, BC 210. Richard Vincente Arpin, Law Student, University of Manitoba, Winnipeg, MB 211. Jamie A. Bleay, Lawyer, Vancouver, BC 212. Marie Burgoyne, J.D. (Candidate for Admission to the BC Bar), Vancouver, BC 213. Scott Macfarlane, Lawyer, North Vancouver, BC 214. Dan Draht, Student-at-law, University of British Columbia, Vancouver, BC 215. John B. MacDonald, B. Com., LL.B. (UBC), M.A. (Regent College), D. Min. (TWU). 216. J. David S. Avren, Director of Legal Services, BC Hydro, Vancouver, BC 217. Cornelis Van Dam, Th.D., Emeritus Professor of Old Testament, Canadian Reformed Theological Seminary 218. Seventh-day Adventist Church of Canada (representing 372 churches with a total membership of 66,579 people in Canada) 219. Timothy A. Stonhouse B.A. J.D., Former presiding Justice of the Peace in Alberta, Member of Alberta bar, presently practicing in BC 220. Peter Bowal, Professor of Law, University of Calgary, former Presiding Justice of the Peace (AB), Calgary, AB. 221. Dr. Charles I. M. Lugosi, J.D. LL.M. M.B.E. S.J.D.(Doctor of Juridical Science) Barrister-at-Law, Adjunct Professor of Law, Laurier University, Brantford, ON (Intends to submit a separate, independent letter for consideration) 222. Bradley W. Miller, DPhil (Oxon), Associate Professor, Faculty of Law, University of Western Ontario 223. The Honourable Ernest A. Marshall QC 224. The Honourable George W. Baynton, retired Justice, Queen's Bench Court for Saskatchewan: As a recently retired Justice of the Queen's Bench Court for Saskatchewan, I strongly endorse the CLF submission for the reasons that follow. The constitutionally guaranteed freedom of speech and freedom of religion, which are stated by the Charter to be fundamental freedoms, have come under attack these days in a manner that could not have been anticipated a few years ago. One has no real value in the absence of the other. Traditionally the legal profession has fought hard to uphold and protect the constitutionally protected rights of Canadians even though in some cases the views of the individuals or groups in issue may not be those held by a majority of Canadians or those in

CLF Page 9 the legal profession. As a former judge, I often rendered judgments to uphold the rights of litigants despite the fact that I did not endorse their views or agendas. I in turn felt secure that the courts would uphold my constitutionally protected rights, if they were ever violated, even though the court might not endorse my views or agendas. If a judge made his or her rulings involving fundamental rights on the basis of his or her views or opinions rather than in accordance with the rights protected by the Charter, the judge would not only be seriously in error, but would also bring the administration of justice into disrepute. The justice system as a whole in a constitutionally protected democracy is responsible to uphold and do what it can to protect and uphold these fundamental rights. A democracy is kept healthy by the ability of its citizens to freely express their views and opinions. This stimulates debate which in turn fosters new ideas and solutions. Conversely a democracy that does not tolerate free speech on the basis that it must be confined to the views and opinions held by another segment of society, will become rigid and stagnant and will cease to remain a constitutionally protected democracy. Canadian society, with its multicultural make up, acknowledges the value of and necessity for tolerance. If I attempted to stifle or restrict the rights of others to express their views, just because those views differed from my own views which I maintained were constitutionally protected, I would be intolerant and possibly even bigoted. As long as our public institutions are not swayed by such intolerance, our freedoms will remain unscathed. But if such intolerance is supported by any segment of our justice system, including the legal profession and its governing bodies, our freedoms will be seriously undermined. In my respectful view, our society is at a crossroads. Either we choose to affirm the need to continue to be ever vigilant in protecting our constitutionally guaranteed fundamental rights of freedom of speech and religion, or we choose to turn a blind eye to them in our intolerant zeal to stifle all views that differ from or challenge our own. The latter choice will inevitably lead to the disintegration of our democracy and the substitution of some form of dictatorship or mob rule. For almost a half century of service in the legal profession and in the judiciary, I have attempted to uphold the rule of law and the constitutional principles that have shaped our society. I sincerely trust that we will make the right choice and preserve the unique and wonderful society and nation in which we are so fortunate to live. FOOTNOTES: 1 Civil Marriage Act, S.C. 2005, c. 33. 2 Trinity Western University v. British Columbia College of Teachers, 2001 SCC 31.