Law societies shouldn’t accredit law schools that have discriminatory admissions policies. In my view, this statement has always been morally true. But we now know that this statement is legally true thanks to the Supreme Court of Canada’s decisions in the two recent TWU cases (see, here and here).
The Court’s analysis in both cases purportedly proceeded under a “reasonableness” standard of review and, thus, professed not to speak directly to the ultimate correctness of the law societies’ refusals to accredit a proposed law school that, to use the Court’s words, “effectively bars many LGBTQ people from attending.” Viewed . . . [more]