Friday, July 3, 2015

Strip the Law Society of Its Cartel Power

Vincent J. Curtis

3 July 2015

The Canadian Press today reported that the Law Society of Upper Canada will decline to recognize prospective graduates from a yet-to-be-built law school in British Columbia.  This refusal was upheld in court.  The causes of this refusal call into question the validity of the law society’s cartel power for the practice of law in Ontario.

The purpose of creating the law society in Ontario may have been to start a private drinking club, but the justification for its cartel power was to protect the public from the unscrupulous and the unprofessional and to otherwise protect the reputation of the practicing lawyer in Ontario.  The justification of cartel power did not include being used for anti-Christian repression.

The prospective new law school dares to be different: it dares to require its law students to abide by Christian norms.  One would think that requiring of its students to abstain from gossip, obscene language, prejudice, harassment, lying, cheating, stealing, pornography, and drunkenness would be the sort of character-building effort that any law society would encourage for members in training.  The practice of law requires knowledge, skill, and character, after all.

But the school also proposes to exclude “sexual intimacy that violates the sacredness of marriage between a man and a woman.”  There is much to be commended about requiring such an abstinence in a prospective lawyer, as among other things it recalls that law used to be practiced by Christian monks.  The costs of law school being what they are, the martial exception would only be enjoyed by a few.

The Law Society of Upper Canada has, apparently, a low opinion of the ability of LBGTQ persons to restrain their sexual impulses, and it seeks to indulge the favor of such persons.  The Law Society held that “LGBTQ persons may attend, but they must….in essence disavow not only their beliefs but,…, their very identity.”  With this opinion, the Law Society holds that LGTBQ persons cannot be believing Christians.  It also holds that the denial of sexual intimacy is a denial of LGBTQ identity, even as the same denial to a heterosexual is not a denial of their identity.   LGTBQ behavior is not to be restrained, even though heterosexual intimacy can be restrained.

The best legal minds in Ontario must have been engaged in better paying work when this matter was discussed at the Law Society, and upheld in court.  However, that such an opinion could be the basis for denying beforehand the quality and merit of the graduating students from the law school is not only prejudice at its worst, it calls into question the justification for granting the law society cartel power in deciding who can practice law in Ontario.  Such power is supposed to protect the public, but in this case it is being used as an agency of repression of Christianity.
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