Press Release

May 17, 2001

Supreme Court Rules: Evangelical University Teaching Graduates Can Hold Discriminatory Beliefs—So Long As They Don’t Act Upon Them

The Supreme Court of Canada released its decision today in B.C. College of Teachers v. Trinity Western University. The case concerns a decision by the B.C. College of Teachers not to approve a public school teacher training program by a private Evangelical University which requires students to sign a document agreeing to refrain from homosexual conduct. The B.C. College of Teachers was concerned that approving the program would constitute an implicit endorsement of discriminatory values.

In upholding an order that Trinity Western’s teaching program be approved, the Supreme Court of Canada ruled today that graduates from Trinity Western University are entitled to hold "sexist, racist or homophobic beliefs" (para. 36). However, the Court also held (at para. 37):

"Acting on those beliefs, however, is a very different matter. If a teacher in the public school system engages in discriminatory conduct, that teacher can be subject to disciplinary proceedings Discriminatory conduct by a public school teacher when on duty should always be subject to disciplinary proceedings [and] disciplinary measures can still be taken when discriminatory off-duty conduct poisons the school environment."

"EGALE was involved in this case because we felt it essential to uphold the right of students to a bias-free education," said John Fisher, Executive Director of EGALE. "The Supreme Court recognized in its judgment today that there is no place for discrimination or intolerance in the public education system. The Court did rule that public school teachers are entitled to hold sexist, racist or homophobic beliefs—though it’s beyond me why they’d want to. However, the Court also ruled unequivocally that teachers are not entitled to act upon those beliefs, that any discriminatory conduct could properly result in disciplinary action, and that teachers by their public statements and actions are expected to maintain the principle that all Canadians—including those who are lesbian, gay or bisexual—are entitled to be treated with equal dignity and respect." "It is important to recognize that lesbian, gay, bisexual and transgendered youth face high degrees of isolation, lack many of the supports that their heterosexual peers take for granted, and are at increased risk of suicide. We feel that parents are entitled to expect their children will be educated by teachers who are part of the solution—not part of the problem. We are pleased that Madam Justice L’Heureux-Dubé, at para. 69 of her reasons, affirmed EGALE’s submissions in holding that no-one should be pressured to deny their identity."

For further info, call:
John Fisher, Executive Director: 613-230-1043
Ken Smith, EGALE Co-counsel: 604-683-4176
Doug Elliot, EGALE Co-counsel: 416-362-1989

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Advancing equality and justice for lesbian, gay, bisexual, and trans-identified people and their families across Canada