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British Columbia College of Teachers
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Legal Challenge Collection

  • CA TWU Coll. 05
  • Coleção
  • 1996-2002

In 1985, the four-year teacher education degree program was launched at Trinity Western University (TWU); graduates from TWU's program had to attend Simon Fraser University for their fifth and final year. TWU applied to the British Columbia College of Teachers (BCCT) to offer the required certification year in its own right in January of 1995. In June, 1996, the BCCT ignored the recommendation of its own committee and rejected TWU's application, citing the TWU community standards, which require students to refrain from extramarital sex, including homosexual behavior. The BCCT argued that students graduating from TWU's teacher education program would introduce an unwelcome bias to the public school classroom. TWU challenged the BCCT's decision by filing suit in the Supreme Court of British Columbia in May 1997. On September 12th of that year, the Court ordered that the BCCT approve TWU's teacher education program, stating that there was no evidence of intolerance amongst TWU-trained teachers. The BCCT appealed the decision, but on December 30th, 1998, the British Columbia Court of Appeal upheld the earlier decision. The BCCT appealed this ruling to the Supreme Court of Canada, which agreed on December 9th, 1999, to hear the case. In November of 2000, both sides presented their arguments before the Court, and on May 17th, 2001, the Supreme Court of Canada ruled in favour of Trinity Western University.

This Collection consists of records created or acquired by TWU administrators, faculty and staff, documenting the court case between the BCCT and TWU pertaining to the University's teacher education program. Types of records included in the collection include minutes of meetings, correspondence, news releases and newspaper clippings, reports, and copies of official court documents.
Series within the collection include:
Neil Snider (01)
Guy Saffold (02)
Glen Forrester (03)
Joy McCullough (04)
Media and Publications Department (05)
Court Documents (06)
Newspaper Clippings (07)
Development Department (08)
Harro Van Brummelen (09)

TWU Archives

Supreme Court of Canada (August 2000 - May 2001)

File consists of:
Affidavit of Thomas R. Berger (Barrister and Solicitor, Baker Newby);
Appelant's Memorandum of Argument (in support of the Appelant's application for leave to file a Reply Factum and for additional time for hearing);
Motion Record;
Appellant's Reply Factum (British Columbia College of Teachers);
Reasons for Judgement of the Chief Justice and L'Heureux-Dube, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ;
Motion Record;
Brief of the Respondents (On the Appellant's Application for Additional Hearing Time and a Reply Factum);
Affidavit, Kevin Sawatsky;
Appellant's Reply to the Respondents' Brief (In support of the Appellant's application for leave to file a Reply Factum and for extra time).

Supreme Court of Canada (March 1999 - March 2000)

File consists of:
Memorandum of Argument (March 1, 1999);
Order of British Columbia Court of Appeal; Memorandum of Argument (March 26, 1999);
Order of Justice Peter Cory.
Applicant's Reply (British Columbia College of Teachers); Notice of Deposit of Judgement;
Notice of Appeal;
Motion Record of the Proposed Intervener, The Evangelical Fellowship of Canada; Notice of Motion;
Factum and Notice of Motion of the Proposed Intervenor (Evangelical Fellowship of Canada);
Notice of Motion of the Application, British Columbia Civil Liberties Association;
Memorandum of the British Columbia Civil Liberties Association;
Affidavit (John Westwood);
Brief of the Repondents on their Application to Strike Out Evidence (TWU and Donna G. Lindquist);
Response of the Appellent to Application for Leave to Intervene;
The Canadian Conference of Catholic Bishops' Reply to Submissions of the Appellent;
Supplementary Motion Record of the Proposed Intervener, The Seventh-Day Adventist Church in Canada.

Supreme Court of Canada (March - April 2000)

File consists of:
Appellant's Factum (British Columbia College of Teachers);
Factum of the Respondents (TWU and Donna G. Lindquist);
Human Rights Act, Chapter 22 (1984);
Legal Profession Act, Chapter 225 (1996);
Teaching Profession Act, Chapter 19 (1987);
An Act Rspecting Trinity Junior College, Chapter 44 (1969);
An Act to Amend the Trinity Junior College Act, Chapter 65 (1972);
An Act to Amend the Trinity Western College Act, Chapter 85 (1977);
An Act to Amend the Trinity Western College Act, Chapter 37 (1979);
An Act to Amend the Trinity Western College Act, Chapter 63 (1985) [electronic version attached];
Order of Mr. Justice Gonthier.

Supreme Court of British Columbia (April 1997 - April 1998)

File consists of:
Chambers Brief of the Respondent (British Columbia College of Teachers);
Petitioners' Reply Chambers Brief (TWU and Donna G. Lindquist);
Chambers Brief of the Catholic Civil Rights League;
Reasons for Judgement of the Honourable Mr. Justice W.H. Davies;
Order of Mr. Justice Davies;
Praicipe;
Bill of Costs of the Petitioner;
Reasons for Judgement of the Honourable Mr. Justice W.H. Davies [on Praicipe];
various pieces of correspondence from Baker Newby (law firm).

British Columbia Court of Appeal (November 1997 - April 1998)

File consists of:
Notice of Motion;
Affidavit in Reply;
Appellant's Motion Book on Motion Stay;
Affidavit of Douglas Smart (Registrar, British Columbia College of Teachers);
Draft of Affidavit of Harro Van Brummelen (Dean of Undergraduate Studies, TWU)[with annotation by Joy McCullough];
Factum of the Appellant (TWU and Donna G. Lindquist);
Factum of the Respondents (British Columbia College of Teachers);
Factum of the Catholic Civil Rights League [with annotation by Guy Saffold];
Factum of the Intervener (British Columbia Civil Liberties Association) [with annotation by Guy Saffold];
decision of the Supreme Court of Canada in Vriend v. Alberta;
various pieces of correspondence from Baker Newby (law firm).

Official Correspondence (July 1996 - February 1997)

File consists of records including a copy of Report to Members (BCCT); a piece of correspondence from John Redekop (Part-time Professor of Political Science, TWU) to the editor of the Vancouver Sun; a piece of correspondence from Craig Montgomery (Associate Professor and Chairman of TWU Faculty Association) to the editor of the Vancouver Sun.

Snider, Neil

Supreme Court of British Columbia (June 1996 - April 1997)

File consists of:
Draft and final copy of "Response to the May 17, 1996 Motion...";
Opinion Letter by Baker Newby (law firm);
Opinion from Cherrington Minten (law firm);
Pre-Chambers Conference Memorandum of the Petitioners (TWU);
Memorandum to Counsel;
Affidavit of Marie Kerchum (Deputy Registrar, BCCT);
Argument of the Intervenor, British Columbia Civil Liberties Association;
Chambers Brief of the Petitioners, TWU and Donna G. Lindquist;
various pieces of correspondence from Baker Newby (law firm).