SCC File No. 37209

SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO)

BETWEEN:

TRINITY WESTERN UNIVERSITY and BRAYDEN VOLKENANT

Appellants -and-

THE LAW SOCIETY OF UPPER CANADA

Respondent -and-

ATTORNEY GENERAL OF ONTARIO

Intervener -and-

START PROUD and OUTLAWS

Proposed Intervener

MOTION FOR LEAVE TO INTERVENE OF THE PROPOSED INTERVENER, START PROUD and OUTLAWS (Rules 47 and 55 of the Rules ofthe Supreme Court of Canada)

GOLDBLATTPARTNERSLLP GOLDBLATTPARTNERSLLP 20 Dundas Street West, Suite 1039 30 Metcalfe Street, Suite 500 Toronto, ON M5G 2C2 Ottawa, ON K1P 5L4

Marlys Edwardh Colleen Bauman Vanessa Payne Email: [email protected] Email: [email protected]

Tel: 416-979-4380 Tel: 613-482-2463 Fax: 416-979-4430 Fax: 613-235-3041 2

PAUL JONATHAN SAGUIL 66 Wellington St. West TD Tower, P.O. Box 1 Toronto ON MSK 1A2

Paul Jonathan Saguil Email: [email protected]

Tel: 416-308-1719

MARTIN+ ASSOCIATES 863 Hamilton Street Vancouver, BC V6B 2R7

Frances Mahon Email: [email protected]

Tel: 604-682-4200 Agent for the Proposed Intervener, Counsel for the Proposed Intervener, Start Proud and OUTlaws Start Proud and OUTlaws

ORIGINAL TO: The Registrar Supreme Court of Canada 301 Wellington Street Ottawa, ON KIA OJl 3

COPIES TO: BENNETT JONES LLP BENNETT JONES LLP 3400 One First Canadian Place World Exchange Plaza P.O. Box 130 I900- 45 O'Connor Street Toronto, ON M5X IA4 Ottawa, ON KIP IA4

Robert W. Stanley Mark Jewett QC Email: [email protected] Email: [email protected]

Ranjan Aganval Tel: 6I3-683-2328 Email: [email protected] Fax: 6I3-683-2323

Tel: 4I6-863-I200 Fax: 4I6-863-I2I6

KUHNLLP IOO- 32I60 S Fraser Way Abbotsford, BC V2T I W5

Kevin L. Boonstra Email: [email protected]

Tel : 604-864-8877 Fax : 604-864-8867

Counsel for the Appellants, Agent for the Appellants, Trinity Western University and Trinity Western University and Brayden Volkenant Brayden Volkenant

BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS Bay Adelaide Centre, East Tower World Exchange Plaza 22 Adelaide Street West, Suite 3400 I 00 Queen Street, Suite 1300 Toronto, ON, Canada M5H 4E3 Ottawa, ON, Canada KIP 1J9

Guy Pratte Nadia Effendi Email: [email protected] Email: [email protected]

Duncan Ault Tel: 613-237-5I60 Email: [email protected] Fax: 6I3-230-8842

Tel: 416-367-6000 Fax:416-367-6749

Counsel for the Respondent, Agent for the Respondent, The Law Society of Upper Canada The Law Society of Upper Canada 4

ATTORNEY GENERAL OF ONTARIO BURKE-ROBERTSON 720 Bay Street, 4th Floor 441 MacLaren Street, Suite 200 Toronto, ON M7 A 2S9 Ottawa, Ontario K2P 2H3

S. Zachary Green Robert E. Houston, Q.C. Email: [email protected] Email: [email protected]

Josh Hunter Tel: 613-706-0020 Email: [email protected] Fax: 613-235-4430

Tel: 416-326-8517 Fax: 416-326-4015

Counsel for the Intervener, Agent for the Intervener, Attorney General of Ontario Attorney General of Ontario INDEX

Tab Description Page

1. Notice of Motion for Leave to Intervene of Start Proud 1 and OUTlaws dated June 16,2017

2. Affidavit of Albert Lam sworn June 14, 2017 7

A. Exhibit A- true copy of Hoy ACJO's Order granting Out 19 On Bay Street and the OUTlaws intervener status in the appeal before the Ontario Court of Appeal

B. Exhibit B- true copy ofNordheimer J's decision granting 25 Out On Bay Street and the OUTlaws intervener status in the judicial review before the Divisional Court

C. Exhibit C - true copy of Out On Bay Street's letters 47 patent

D. Exhibit D- true copy of the Form 4004 Articles of 52 Amendment amending Out On Bay Street's corporate name to Start Proud

E. Exhibit E - true copy of Start Proud's 2017 Sponsorship 54 Package

F. Exhibit F - true copies of program brochures for the 2014, 72 2015 and 2016 Annual Conference and Career Fairs

G. Exhibit G - true copies of the constitutional documents of 129 the OUTlaws chapters from Osgoode Hall Law School and University of Ottawa Faculty of Law

H. Exhibit H - true copy of TWU' s Community Covenant 144

I. Exhibit I- true copy ofTWU's Student Handbook 150

J. Exhibit J - true copies of the letters and submissions 156 made by various OUTlaws groups and their allies to the Federation of Law Societies of Canada

K. Exhibit K- True copies of Start Proud's submissions to 201 Convocation opposing accreditation

L. Exhibit L -True copies ofthe submissions made by the 207 various OUTlaws chapters to Convocation opposing accreditation 7

M. Exhibit M -true copy ofLSUC's guide for law firms on 214 "Sexual Orientation and Gender Identity: Creating an Inclusive Work Environment"

N. Exhibit N -true copy of Statistical Snapshot of Lawyers 248 in Ontario

3. Memorandum of Argument of Start Proud and OUTlaws 263 dated June 16,2017

Part I - Overview 264 A. Nature of the Motion 264 B. Description and Expertise of the Proposed 264 Intervener C. Proposed Submissions of Start Proud and the 268 OUTlaws

Part II - Questions in Issue 269

Part III - Argument 269 A. The Test for Leave to Intervene 269 B. Start Proud and the OUTlaws Have a Real Interest 270 in the Subject ofThis Appeal C. The Proposed Submissions of Start Proud and the 273 OUTlaws are Useful in Resolving the Issues Presented in the Appeal and Do Not Duplicate the Submissions of Other Parties

Part IV - Submissions Respecting Costs 273

Part V - Order Requested 273

Part VI- Table of Authorities 274

Part VII - Legislation 275 1

sec File No. 37209 SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONT ARlO)

BETWEEN:

TRINITY WESTERN UNIVERSITY and BRA YDEN VOLKENANT Appellants -and-

THE LAW SOCIETY OF UPPER CANADA Respondent -and-

ATTORNEY GENERAL FOR ONTARIO Intervener -and-

START PROUD and OUTLAWS Proposed Intervener

NOTICE OF MOTION FOR LEAVE TO INTERVENE OF THE PROPOSED INTERVENERS, START PROUD and OUTLAWS (Rules 47 and 55 of the Rules ofthe Supreme Court of Canada)

TAKE NOTICE that Start Proud and the OUTlaws hereby apply to a Judge of this Honourable Court, pursuant to Rules 47 and 55-59 ofthe Rules ofthe Supreme Court of Canada for an Order granting Start Proud and the OUTlaws:

1. Leave to intervene in this appeal, on a without costs basis;

2. Permission to file a factum of 10 pages;

3. Permission to present oral argument at the hearing of the appeal of not more than 10 minutes; and

4. Such further or other Order that the circumstances require and that this Honourable Court may deem just.

AND FURTHER TAKE NOTICE that the following documents will be referred to in support of such motion: 2

2

1. The Affidavit of Albert Lam, sworn June 14, 2017; and

2. The Memorandum of Argument filed herewith.

AND FURTHER TAKE NOTICE that the said motion shall be made on the following grounds:

1. As evidenced by the Affidavit of Albert Lam , Start Proud and the OUTlaws are public interest organizations that have a genuine and substantial interest in this appeal;

2. Start Proud and the OUTlaws seek leave to intervene in order to assist this Court by providing an impartial and useful analysis on the legal issues raised in this appeal that transcend the specfic dispute between the parties;

3. If granted leave to intervene, Start Proud and the OUTlaws will advance the arguments outlined in the memorandum of argument filed with this motion, subject to further consideration by counsel, namely:

a. In delineating the scope of the rights engaged in this case, this Honourable Court must take into account the advancements in lesbian, gay, bisexual, transsexual/transgender and queer ("LGBTQ") equality rights since this Honourable Court released its decision in Trinity Western University v. British Columbia College ofTeachers, 2001 SCC 31. The Law Society ofUpper Canada (the "LSUC") reasonably balanced the rights of Trinity Western University ("TWU") against the rights of the LGBTQ community in refusing to accredit TWU's proposed law school;

b. TWU's Community Covenant (the "Covenant") has a discriminatory impact on the LGBTQ community, given the Covenant's prohibition on "sexual intimacy that violates the sacredness of marriage between a man and a woman", TWU's power to discipline and expel students, staff and faculty members for breaches of the Covenant, and the positive obligation on staff, students and faculty members 3 3

to both sign the Covenant and make formal complaints that may lead to disciplinary action when breaches of the Covenant are suspected; and

c. The LSUC's decision to refuse to accredit TWU's proposed law school has significant value to the LGBTQ community, as it was a legitimate regulatory response to a more general problem of discrimination experienced by the LGBTQ community in the legal profession, previously recognized in earlier policy positions on equity and inclusion. The benefits of the decision must be measured against the reality that the LSUC's decision neither prevents TWU from opening a law school nor precludes graduates of the law school from applying to the LSUC for individual accreditation.

4. Start Proud and the OUTlaws have taken steps to ensure that their submissions are distinct from those to be made by the parties, and proposed interveners in this case;

5. Granting leave to intervene to Start Proud and the OUTlaws will not prejudice any of the parties;

6. Start Proud and the OUTlaws will take the record as they find it and will not seek to supplement the record;

7. Start Proud and the OUTlaws will abide by the schedule set by the Registrar for the filing of materials;

8. Rules 47 and 55-59 of the Rules ofthe Supreme Court of Canada,

0 DATED at the City of Ottawa, in the Province of Ontario, this liP~ day of June, 2017.

Colleen Bauman Agent for the Proposed Intervener, Start Proud and OUTlaws 4 4

GOLDBLATTPARTNERSLLP GOLDBLATTPARTNERSLLP 20 Dundas Street West, Suite 1039 30 Metcalfe Street, Suite 500 Toronto, ON M5G 2C2 Ottawa, ON KIP 5L4

Marlys Edwardh Colleen Bauman Vanessa Payne Email: [email protected] Email: [email protected]

Tel: 416-979-4380 Tel: 613-482-2463 Fax: 416-979-4430 Fax: 613-235-3041

PAUL JONATHAN SAGUIL 66 Wellington St. West TD Tower, P.O. Box 1 Toronto ON M5K 1A2

Paul Jonathan Saguil Email: paul.j [email protected]

Tel: 416-308-1719

MARTIN+ ASSOCIATES 863 Hamilton Street Vancouver, BC V6B 2R7

Frances Mahon Email: [email protected]

Tel: 604-682-4200

Counsel for the Proposed Intervener, Agent for the Proposed Intervener, Start Proud and OUTlaws Start Proud and OUTlaws

ORIGINAL TO: The Registrar Supreme Court of Canada 3 0 1 Wellington Street Ottawa, ON KIA 011 5

5

COPIES TO: BENNETT JONES LLP BENNETT JONES LLP 3400 One First Canadian Place World Exchange Plaza P.O. Box I30 I900- 45 O'Connor Street Toronto, ON M5X IA4 Ottawa, ON KIP IA4

Robert W. Stanley Mark Jewett QC Email: [email protected] Email: [email protected]

Ranjan Aganval Tel: 6I3-683-2328 Email: [email protected] Fax:6I3-683-2323

Tel: 4I6-863-I200 Fax: 4I6-863-I2I6

KUHNLLP IOO- 32I60 S Fraser Way Abbotsford, BC V2T I W5

Kevin L. Boonstra Email: [email protected]

Tel : 604-864-8877 Fax : 604-864-8867

Counsel for the Appellants, Agent for the Appellants, Trinity Western University and Trinity Western University and Brayden Volkenant Brayden Volkenant

BORDEN LADNER GERVAIS BORDEN LADNER GERVAIS Bay Adelaide Centre, East Tower World Exchange Plaza 22 Adelaide Street West, Suite 3400 I 00 Queen Street, Suite 1300 Toronto, ON, Canada M5H 4E3 Ottawa, ON, Canada KIP IJ9

Guy Pratte Nadia Effendi Email: [email protected] Email: [email protected]

Duncan Ault Tel: 613-237-5160 Email: [email protected] Fax: 6I3-230-8842 Tel: 4I6-367-6000 Fax: 4I6- 367-6749

Counsel for the Respondent, Agent for the Respondent, The Law Society of Upper Canada The Law Society of Upper Canada 6 6

ATTORNEY GENERAL OF ONTARIO BURKE-ROBERTSON 720 Bay Street, 4th Floor 441 MacLaren Street, Suite 200 Toronto, ON M7 A 2S9 Ottawa, Ontario K2P 2H3

S. Zachary Green Robert E. Houston, Q.C. Email: [email protected] Email: [email protected]

Josh Hunter Tel : 613-706-0020 Email: [email protected] Fax: 613-235-4430

Tel :416-326-8517 Fax: 416-326-4015

Counsel for the Intervener, Agent for the Intervener, Attorney General of Ontario Attorney General of Ontario

NOTICE TO THE RESPONDENT TO THE MOTION: A respondent to the motion may serve and file a response to this motion within 10 days after service of the motion. If no response is filed within that time, the motion will be submitted for consideration to a judge or the Registrar, as the case may be.

If the motion is served and filed with the supporting documents of the application for leave to appeal, then the Respondent may serve and file the response to the motion together with the response to the application for leave. 7

SCC File No. 37209

SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO)

BETWEEN:

TRINITY WESTERN UNIVERSITY and BRAYDEN VOLKENANT Appellants -and-

THE LAW SOCIETY OF UPPER CANADA Respondent -and-

ATTORNEY GENERAL OF ONTARIO Intervener

START PROUD and OUTLAWS Proposed Intervener

AFFIDAVIT OF ALBERT LAM

I, Albert Lam, ofthe City ofToronto, in the Province of Ontario, DO MAKE OATH AND SAY AS FOLLOWS:

I. OVERVIEW

1. I am the President of Start Proud, formerly known as Out On Bay Street. As such, I have knowledge of the matters to which I herein depose, except where the evidence is based on information provided to me by others, in which case I state the source of the information and verily believe it to be true.

2. Start Proud, together with the OUTlaws chapters from all law schools in Ontario, as well as the OUTlaws chapters at the Faculty of Law at the University of Alberta, McGill University Faculty of Law and the University ofNew Brunswick Faculty of Law, (collectively, the "OUTlaws") are jointly seeking leave to intervene in this appeal brought by Trinity Western University ("TWU"). TWU is asking this Honourable Court to overturn the Ontario Court of Appeal's decision to dismiss TWU's appeal from the Divisional Court, which dismissed TWU' s application for judicial review of the Law Society of Upper Canada's ("LSUC") refusal to accredit TWU's proposed law school.

3. Start Proud, under its former name Out On Bay Street, and the OUTlaws were jointly granted intervener status in the Ontario Court of Appeal and the Divisional Court, and fully participated in both hearings by providing written and oral submissions. Attached as Exhibit A is Hoy ACJO's Order granting Out On Bay Street and the OUTlaws intervener status in the appeal before the Ontario Court of Appeal. Attached as Exhibit B is Nordheimer J's decision granting Out On Bay Street and the OUTlaws intervener status in the judicial review before the Divisional Court.

4. Start Proud and the OUTlaws have retained Marlys Edwardh, Paul Jonathan Saguil and Frances Mahon to bring a motion for leave to intervene in this appeal. They are acting pro bono on this matter. They were counsel for Start Proud and the OUTlaws in the interventions in the Ontario Court of Appeal and the Divisional Court, and have reviewed the decisions of those courts, as well as the Appellant's factum that has been filed on this appeal.

5. For the reasons that follow, I believe that Start Proud, jointly with the OUTlaws, can assist the Court in dealing with the matters in issue in this appeal, which are of substantial importance to Start Proud and the OUTlaws, as well as the lesbian, gay, bisexual, transsexual, transgender and queer ("LGBTQ") community in general.

II. START PROUD AND THE OUTLAWS

A. Start Proud

6. Start Proud is a non-profit organization that facilitates the professional development of LGBTQ students as they transition through school to career, and seeks to build a national professional network within the LGBTQ community. The organization's primary service community consists of LGBTQ students at law schools and business schools. Attached as Exhibit C is a true copy of Out On Bay Street's letters patent. Attached as Exhibit Dis a true copy of the Form 4004 Articles of Amendment amending Out On Bay Street's corporate name to Start Proud. 3 9

7. Start Proud was established in 2007, when its founders organized its first Annual Conference and Career Fair. Since then, its activities have expanded to encompass year­ round initiatives, including monthly networking socials for LGBTQ professionals and students, a speaker series, scholarships, and the annual Leaders To Be Proud OfAwards, which recognize role models and community leaders on LGBTQ issues, workplace diversity, and inclusiveness. Attached as Exhibit Eisa true copy of Start Proud's 2017 Sponsorship Package, which provides an overview of its activities.

8. Start Proud is supported by a variety of corporate sponsors and community partners, including major law firms and business organizations. These include TD Canada Trust, the Canadian Imperial Bank of Commerce, the Bank ofMontreal, the Royal Bank of Canada, ScotiaBank, HSBC, Accenture, Deloitte, Ernst & Young, Torys LLP, Blakes LLP, McCarthy Tetrault LLP, Gowlings LLP, Bennett Jones LLP, Dentons Canada LLP, Telus, IBM, the Ontario Gay and Lesbian Chamber of Commerce, Pride at Work Canada, Inside Out Toronto LGBT Film Festival, the LGBT Youthline, Gai Ecoute, and the Get Real Movement, among many others.

9. Start Proud's vision is to empower members of the LGBTQ community to be Canada's leaders oftomorrow; where all institutions embrace inclusiveness within the workforce and diversity within the workforce. Start Proud's objectives include:

1. providing LGBTQ students with resources to leverage their confidence, skills and knowledge to enable them to distinguish themselves and act as leaders of their communities and professions; and

n. establishing a positive public profile for the advancement of the LGBTQ community in the Canadian workforce, with a focus on professions, including the legal profession.

10. Start Proud holds an Annual Conference and Career Fair in Toronto, which draws hundreds of students from undergraduate and professional faculties from universities across the country. LGBTQ students pursuing careers in business, law, technology, and related fields come together to network with their peers and with established LGBTQ 10 4 professionals. This Conference is the only LGBTQ student conference for professionals in Canada. Start Proud provides bursaries for travel and accommodation to students in need in order to allow as many students as possible to attend the Conference.

11. Through workshops, panels, and interactive seminars, students who attend the Annual Conference learn about developing their career paths and discuss issues faced by LGBTQ individuals in the workplace. The Conference also gives students an opportunity to develop and sharpen their skills in various competitions, including a moot court competition. Attached as Exhibit F are true copies of program brochures for the 2014, 2015 and 2016 Annual Conference and Career Fairs. The program brochure for the 2017 Annual Conference and Career Fair has not yet been prepared.

12. Start Proud has also established a National Ambassador Program as a means to increase its presence at universities and academic institutions across Canada and its ability to provide career development opportunities to LGBTQ students. Under the National Ambassador Program, a volunteer Start Proud representative acts as a liaison between a student community and Start Proud, ensuring that Start Proud can reach out to as many LGBTQ students as possible. Start Proud currently has volunteer Ambassadors at eleven Canadian universities. Some universities have more than one Ambassador, for example, the University of Toronto has Ambassadors at the law school, the MBA school, and the undergraduate Faculty of Arts & Science. At present, we have Ambassadors at eight faculties of law: Osgoode Hall Law School, the University ofToronto Faculty of Law, the University of Ottawa Faculty of Law, Western University Faculty ofLaw, Queen's University Faculty of Law, the University of Windsor Faculty of Law, Robson Hall (University of Manitoba Faculty of Law), and the University of Alberta Faculty of Law.

B. The OUTlaws

13. Among Start Proud's key partnerships is its ongoing collaboration with LGBTQ student organizations at law schools across the country, generally known as the "OUTlaws". None of these OUTlaws groups are incorporated, and not all have formal constitutions. Attached as Exhibit G are true copies of the constitutional documents of the OUTlaws chapters from Osgoode Hall Law School and the University of Ottawa Faculty of Law.

14. The OUTlaws have a long tradition of advancing the interests ofLGBTQ law students, and serve four primary purposes:

1. fostering mentorship relationships with members of the LGBTQ legal community;

ii. facilitating advocacy, learning, and information-sharing around legal issues that impact the LGBTQ community;

iii. providing LGBTQ students with opportunities to socialize in a queer­ friendly atmosphere; and

iv. working towards making law schools and legal education more inclusive for LGBTQ individuals.

15. The OUTlaws network across Canada includes hundreds of law students, as well as many alumni who have since established themselves professionally in various career environments, including law firms, government, and corporate legal departments.

16. The OUTlaws have joined Start Proud in seeking leave to intervene in this appeal. The OUTlaws chapters from the law schools in British Columbia are separately seeking leave to intervene in Trinity Western University v. the Law Society ofBritish Columbia, SCC File No. 37318, together with the Vancouver-based LGBTQ non-profit Qmunity.

B. Start Proud and the OUTlaws' Experience As Interveners

17. Start Proud and the OUTlaws have closely followed TWU' s various stages of requests to obtain accreditation for its proposed law school. Of particular concern is the discriminatory nature ofTWU's Community Covenant (the "Covenant") and Student Handbook, which require TWU members to promise to abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman", or face the threat of discipline, including suspension and expulsion. Attached as Exhibit H is a true copy 12 6 ofTWU's Community Covenant. Attached as Exhibit I is a true copy ofTWU's Student Handbook.

18. Most recently, Start Proud and the OUTlaws appeared in the Ontario Court of Appeal as interveners in Trinity Western University v. the Law Society of Upper Canada, 2016 ONCA 518. Start Proud and the OUTlaws provided written and oral submissions on the following issues:

1. The sea change in equality rights for LGBTQ persons since Trinity Western University v. British Columbia College of Teachers ("TWU v. BCCT') was decided by this Honourable Court in 2001;

n. The impact of TWU' s Community Covenant on LGBTQ law students and prospective law students;

iii. Maintaining public confidence in the legal profession's commitment to equality and non-discrimination.

19. In dismissing TWU's appeal, the Ontario Court of Appeal agreed with and adopted the submissions made by Start Proud and the OUTlaws:

[118] In their factum, the interveners Out On Bay Street and OUTlaws say:

15. The Covenant is not merely an expression ofTWU's beliefs. The Covenant is a document that discriminates against LGBTQ persons by forcing them to renounce their dignity and self-respect in order to obtain an education. *** 17. LGBTQ persons applying to TWU, or who come out while at TWU, will experience the stigma of not belonging and other destructive effects of regulating queer sexuality.

[119] I agree with, and adopt, these statements made by the Supreme Court of Canada, the Divisional Court, and the interveners Out on Bay Street and OUTlaws. My conclusion is a simple one: the part ofTWU's Community Covenant in issue in this appeal is deeply discriminatory to the LGBTQ community, and it hurts. 13 7

20. Start Proud and the OUTlaws also appeared in the Ontario Superior Court of Justice - Divisional Court as interveners in Trinity Western University v. the Law Society of Upper Canada. In granting leave to intervene, Nordheimer J found that "Out on Bay Street and OUTlaws represent a group of individuals who are directly affected by the issues raised in this judicial review application ... [t]heir perspective on the ramifications of the outcome of this matter are equally important".

21. Start Proud and the OUTlaws provided written and oral submissions to the Divisional Court on the following issues:

1. The authority of the LSUC to consider TWU's discriminatory practices towards LGBTQ staff, students and faculty alongside the systemic barriers for LGBTQ persons seeking to access or enter the legal profession; and

n. The reasonableness of the LSUC's decision to refuse to accredit TWU, because of its broad public interest mandate. This mandate, properly construed, allowed it to consider:

a) the significant advances in LGBTQ equality rights since this Honourable Court decided TWU v. BCCT in 2001;

b) TWU' s insupportable distinction between sexual identity and sexual conduct within the Covenant;

c) the LSUC's requirement to consider Charter and human rights values; and

d) the LSUC's need to maintain public confidence in its commitment to equality rights and non-discrimination.

22. In 2013, over 1000 OUTlaws members and their allies at the University of Victoria, Dalhousie University, the University of British Columbia, Osgoode Hall Law School, the University of Alberta, the University of Saskatchewan, the University of Ottawa, and the University of Western Ontario wrote letters and made submissions to the Federation of Law Societies of Canada opposing the approval of TWU's proposed law 14 8 school. Attached as Exhibit J are true copies of the letters and submissions made by various OUTlaws groups and their allies to the Federation ofLaw Societies of Canada.

23. Many of the OUTlaws groups also organized protests and rallies to express concern with TWU's proposed law school, one of which took place at Osgoode Hall on October 17, 2013.

24. When Convocation considered whether to accredit TWU's proposed law school, Start Proud and the OUTlaws made submissions to Convocation opposing accreditation. Attached as Exhibit K are true copies of Start Proud's submissions. Attached as Exhibit L are true copies of the submissions made by the various OUTlaws chapters.

25. Start Proud and the OUTlaws have attempted, at each stage of the process, to ensure that the interests and unique perspectives of LGBTQ students are heard and understood by the decision-makers charged with determining the important questions raised by TWU' s application to accredit its proposed law school. As Bencher Beth Symes observed about her fellow Benchers during the debate at Convocation, "What's missing around this room are the voices of out gays and lesbians, who are not represented equitably in our profession." We seek leave to intervene in this appeal to provide that perspective to this Honourable Court.

III. START PROUD AND THE OUTLAWS' POSITION ON APPEAL

26. Should leave to intervene be granted, Start Proud and the OUTlaws intend to make the following submissions on this appeal, which will be further developed if Start Proud and the OUTlaws are granted leave to intervene:

1. LGBTQ equality rights were directly engaged by the LSUC's accreditation decision, and the LSUC was required to balance any rights owed to TWU against those owed to LGBTQ persons. The Divisional Court and Ontario Court of Appeal held that the LSUC was not bound by this Honourable Court's conclusion in Trinity Western University v. British Columbia College of Teachers ("TWU 2001") given the "different facts, a different statutory regime, and a fundamentally different question" (ONCA, para. 57). However, '15 9

both courts also found that this Honourable Court's views on balancing freedom of religion and LGBTQ equality rights were directly relevant to the issues at hand (ONCA, para. 59). In TWU 2001 this Honourable Court held that the scope of any right that might be engaged by a decision must be clearly defined, as a proper delineation of the rights involved could avoid a conflict between them. Delineating the scope of the rights engaged in the current case must take into account the advancements in LGBTQ equality rights since this Honourable Court released its decision in 2001. The LSUC reasonably took into account the sea change in LGBTQ equality rights since 2001,when it delineated the scope of the rights in issue, and balanced the rights of LGBTQ persons against those of TWU; n. TWU's Community Covenant (the "Covenant") is not just an expression of TWU's beliefs. The Covenant forces LGBTQ staff, students and faculty to bury a vital aspect of identity, given its prohibition on "sexual intimacy that violates the sacredness of marriage between a man and a woman". The Covenant is a binding contract governing conduct both on and off campus that all TWU members must sign - admission will be denied to those who cannot, or will not, sign the Covenant. It provides formal disciplinary procedures, and states that breaches of the Covenant may be punished by suspension and expulsion. TWU members must "hold each another [sic] accountable to the commitments each has made to the University", meaning that there is a positive obligation on staff, students and faculty to act as both guardians and enforcers of the Covenant and report any infraction. "Sexual misconduct" is one of the most serious violations of the Covenant, on par with property damage, vandalism, aggressive behaviour and theft. The LSUC reasonably took into account the impact of this conduct-based discrimination against LGBTQ persons when it refused to accredit TWU's proposed law school; and iii. The LSUC's decision to refuse to accredit TWU's proposed law school has significant value to the LGBTQ community, as it was a legitimate regulatory response to a more general problem of discrimination experienced by the 16 10

LGBTQ community in the legal profession, previously recognized in earlier policy positions on equity and inclusion. The benefits of the decision must be measured against the reality that the LSUC's decision neither prevents TWU from opening a law school nor precludes graduates of the law school from applying to the LSUC for individual accreditation.

27. Start Proud and the OUTlaws' position differs from the positions advanced by the Appellant and the Respondent. The Appellant argues that there is no conflict of rights in this case, that the Covenant breaches no one's rights, and that the LSUC would not violate the Charter or the Ontario Human Rights Code if it accredited TWU.

28. Start Proud and the OUTlaws are uniquely placed to provide the perspective of LGBTQ-identified law students and prospective law students, who are directly affected by the outcome of this appeal. Viewing the advancements in equality rights, the impact of the Covenant and value of the LSUC's decision through this lens will assist this Honourable Court in determining the legal issues raised in this case.

IV. START PROUD AND THE OUTLAWS' INTEREST IN THIS APPEAL

29. As Nordheimer J found, Start Proud and the OUTlaws are directly affected by the outcome of this appeal, with an important perspective to provide on the ramifications of the outcome of this matter.

30. As set out above, Start Proud and the OUTlaws are actively involved in promoting the interests of LGBTQ students across Canada, including ensuring that these students have equal opportunities to advance professionally in their chosen vocations and careers. Start Proud and the OUTlaws believe that requiring students to abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman" is inherently discriminatory to LGBTQ students at or applying to TWU, and is particularly exclusionary for both married and unmarried same-sex couples, and trans-identified persons.

31. Critically, law schools are the primary gatekeepers to the legal profession. No one can become a lawyer without first completing law school. TWU's Community Covenant 17 11 erects a significant barrier to legal education for LGBTQ students and prospective students. Moreover, there is evidence to suggest that LGBTQ persons still experience barriers to equality in the legal profession in Ontario. Attached as Exhibit M is the LSUC's guide for law firms on "Sexual Orientation and Gender Identity: Creating an Inclusive Work Environment", which describes these barriers (see page 8). Attached as Exhibit N is the "Statistical Snapshot of Lawyers in Ontario", which provides statistics on the number ofLGBTQ lawyers in Ontario based on the 2015 Lawyer Annual Reports. In Start Proud's and the OUTlaws' view, had the LSUC accredited TWU's proposed law school, it would have condoned TWU's discriminatory conduct and been contrary to the public interest. Start Proud and the OUTlaws share a mandate to ensure that LGBTQ students' access to legal education and the legal profession is offered on equitable terms, based on merit and qualifications.

V. ASSISTANCE TO BE PROVIDED

32. If Start Proud and the OUTlaws are granted leave to intervene, they will work with counsel for the Respondent and the other interveners (if any) to ensure that their submissions are not duplicative. Counsel for Start Proud and the OUTlaws have already had discussions with counsel for the Advocates' Society, the Criminal Lawyers' Association (Ontario), the Canadian Civil Liberties Association, the Canadian Secular Alliance and Lawyers' Rights Watch, who all intervened in the courts below, in order to avoid duplicative submissions in their leave applications. Counsel for Start Proud and the OUTlaws have also had discussions with counsel for a proposed coalition of LGBTQ interveners in the British Columbia proceedings, Qmmunity and the OUTlaws representatives from British Columbia law schools.

33. Start Proud and the OUTlaws do not seek to file any evidence. Start Proud and the OUTlaws will offer their assistance to the Court with respect to the legal principles at issue and will take no position on the facts except to the extent that reference to the facts is necessary to properly contextualize the legal issues. Start Proud and the OUTlaws would take no position on the disposition of this appeal. Start Proud and the OUTlaws ask that no costs be awarded against them. 34. Start Proud and the OUTlaws respectfully request that they be granted leave to intervene in this appeal, with the right to file a factum of no more than 10 pages and present oral argument of 10 minutes.

35. I make this affidavit in support of Start Proud and the OUTlaws motion for leave to intervene, and for no other or improper purpose.

SWORN before me at the City of Toronto ) in the Province of Ontario on June 14·~2017. ) ) ) Commissiolli:effidavi~ ) Hele~ Falbo. a Commissioner. etc.. Provmce of Ontario, for Goldblatt Partners lLP. Barristers and Solicitors Expires N~vember 10. 2018• • 19

This is Exhibit "A" to the Affidavit of Albert Lam, sworn before me this }Y'~ day of June, 2017. tbvw Commissioner for Taking Affidavits

Helen Falbo. a Commissioner. etc .. Province of Ontario, for Goldblatt Partners LLP. Barristers and Solicitors. Expires November 10. 2018. Court File No. M45789, M45791, M45800, M45803, M45814, M45818, M45819, M45820,M4582l,M45822,M45823,M45824,M45825,M45826,M45831 (C61116)

COURT OF APPEAL FOR ONTARIO

THE HONOURABLE ) WEDNESDAY, THE 16th ) ASSOCIATE CHIEF JUSTICE HOY ) DAY OF DECEMBER, 2015

BETWEEN:

TRINITY WESTERN UNIVERSITY and BRAYDEN VOLKENANT Applicants (Appellants)

-and-

LAW SOCIETY OF UPPER CANADA Respondent (Respondent)

-and-

ATTORNEYGENERALOFCANADA Intervener (Respondent)

-and-

CHRISTIAN LEGAL FELLOWSHIP, EVANGELICAL FELLOWSHIP CANADA AND CHRISTIAN HIGHER EDUCATION CANADA, JUSTICE CENTRE FOR CONSTITUTIONAL FREEDOMS, OUT ON BAY STREET AND OUTLAWS, THE ADVOCATES' SOCIETY, CRIMINAL LAWYERS' ASSOCIATION (ONTARIO), CANADIAN CIVIL LIBERTIES ASSOCIATION, LA WYERS' RIGHTS WATCH CANADA, CANADIAN SECULAR ALLIANCE, ASSOCIATION FOR REFORMED POLITICAL ACTION CANADA, THE SEVENTH DAY ADVENTIST CHURCH IN CANADA, CANADIAN CONSTITUTION FOUNDATION, CANADIAN BAR ASSOCIATION, CANADIAN COUNCIL OF CHRISTIAN CHARITIES and CATHOLIC CIVIL RIGHTS LEAGUE AND FAITH AND FREEDOM ALLIANCE

Moving Parties 21 -2-

ORDER

THESE MOTIONS, made by the moving parties for leave to intervene in this appeal as friends of the court, was heard on December 11, 2015, at Osgoode Hall, 130 Queen Street West,

Toronto, Ontario.

ON READING the facta and motion records of the moving parties, the notice of discontinuance of the respondent Attorney General of Canada, the responding factum of the Law

Society of Upper Canada (LSUC) and on hearing the submissions of the lawyers for the moving parties, the applicants and the respondent LSUC,

1. THIS COURT ORDERS that the motions for leave to intervene of Christian Legal

Fellowship, Evangelical Fellowship Canada and Christian Higher Education Canada, Justice

Centre for Constitutional Freedoms, Out on Bay Street and OUTlaws, The Advocates' Society,

Criminal Lawyers' Association (Ontario), Canadian Civil Liberties Association, Lawyers' Rights

Watch Canada, Canadian Secular Alliance, Association for Reformed Political Action Canada,

The Seventh Day Adventist Church in Canada, Canadian Constitution Foundation and Canadian

Bar Association (the Interveners) are granted.

2. THIS COURT ORDERS that the motions for leave to intervene ·of Canadian Council of

Clu·istian Charities and Catholic Civil Rights League and Faith and Freedom Alliance are

dismissed. 4. THIS COURT ORDERS that the Interveners shall be entitled to each serve and file a factum in the appeal not to exceed 10 pages in length within 25 days of service of the LSU C' s

factum.

5. THIS COURT ORDERS that within 15 days after the last of the Interveners' facta has been

served, each of the appellants and the LSUC shall be entitled to serve and file a factum not to

exceed 10 pages in length in reply to the Interveners' facta.

6. THIS COURT ORDERS that the panel hearing the appeal may, in its discretion, permit

any one or more of the Interveners to present oral argument at the hearing of the appeal, not

exceeding 10 minutes, on such issue or issues as the panel may identify.

7. TI-IIS COURT ORDERS that the Interveners are not entitled to raise new issues, adduce

further evidence or otherwise supplement the record of the parties.

8. THIS COURT ORDERS that the Interveners shall consult with each other to avoid

repetition in their factums.

9. THIS COURT ORDERS that the Interveners shall also avoid repetition of arguments made

by the appellants and the LSUC in their respective facta.

10. THIS COURT ORDERS that the parties may serve the appeal books and compendia,

exhibit books and their facta and books of authorities on the Interveners by delivering an electronic

copy by email or file sharing application.

11. THIS COURT ORDERS that the Interveners shall each serve their factum by deliveling an

electronic copy by email or file sharing application. 12. THIS COURT ORDERS that the Interveners shall consult with each other and prepare a joint book of authorities that does not duplicate cases included in the parties' books of authorities.

13. THIS COURT ORDERS that the Interveners shall comply with any schedule that is ordered by the court for the delivery of materials for the appeal.

14. THIS COURT ORDERS that the Interveners will not seek, nor will they be subject to, any award of costs, including the costs of the motions for leave to intervene.

ENTERED AT I INSCRIPT ATORONTO ON I BOOK NO: LE I DANS LE PlEGISTI'te Nf>.: JAN 2 0 2016 . TRINITY WESTERN UNIVERSITY, et al. -and- LAW SOCIETY OF UPPER CANADA Applicants (Appellants) Respondent Court File No. M45789, M45791, M45800, M45803, M45814, M45818,M45819,M45820,M45821,M45822, M45823,M45824,M45825,M45826,M45831 (C61116)

COURT OF APPEAL FOR ONTARIO

PROCEEDING COMMENCED AT TORONTO

ORDER

BENNETT.JONESLLP 3400 One First Canadian Place P.O. Box 130 N Toronto ON M5X 1A4 ~

Robert W. Staley (#27115.1) Derek.J. Bell (#43420.1) Ranjan K. Agarwal (#49488H)

Telephone: (416) 863-1200 Facsimile: (416) 863-1716

Lawyers for the applicants (appellants) 25

This is Exhibit "B" to the Affidavit of Albert Lam, sworn before me this _tt'day of June, 2017. ~ Commissioner for Taking Affidavits

Helen Falbo. a Commissioner. etc.. Province of Ontario, tor Goldblatt Partners LLP. Barristers and Solicitors. Expires November 10. 2018. 26

CITATION: Trinity Western University v. Law Society ofUpper Canada, 2014 ONSC 5541 DIVISIONAL COURT FILE NO.: 250/14 DATE: 20140924

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT .,.- l{) l{)""" l) (f) BETWEEN: ) z 0 ) ..- D. Bell & R Agarwal, for the applicants 0""" TRINITY WESTERN UNIVERSITY and ) N BRA YDEN VOLKENANT ) ) Applicants ) ) -and- ) ) THE LAW SOCIETY OF UPPER ) G. Pratte & N. Effendi, for the respondent CANADA ) ) Respondent ) ) -and- ) ) CANADIAN COUNCIL OF CHRISTIAN ) B. Bussey & D. Ross, for the proposed CHARITIES, CHRISTIAN LEGAL ) intervener, Canadian Council of Christian FELLOWSHIP, JUSTICE CENTRE FOR ) Charities CONSTITUTIONAL FREEDOMS, ) ASSOCIATION FOR REFORMED ) B. Miller, for the proposed intervener, POLITICAL ACTION CANADA, ) Christian Legal Fellowship EVANGELICAL FELLOWSHIP OF ) CANADA, CHRISTIAN HIGHER ) D. Santoro, for the proposed intervener, EDUCATION CANADA, CATHOLIC ) Justice Centre for Constitutional Freedoms CIVIL RIGHTS LEAGUE, FAITH AND ) FREEDOM ALLIANCE, OUT ON BAY ) K. Barsoum Debs, for the proposed STREET, OUTLAWS, CANADIAN ) interveners, Association for Reformed ASSOCIATION OFLABOUR LAWYERS, ) Political Action Canada, Evangelical GERARD P. CHARETTE, CRIMINAL ) Fellowship ofCanada and Christian Higher LA WYERS ASSOCIATION and THE ) Education Canada ADVOCATES' SOCIETY ) ) P. Horgan, for the proposed interveners, Proposed Interveners ) Catholic Civil Rights League and Faith and Page: 2

) Freedom Alliance ) ) M Edwardh, F. Mahon & P. Saguil, for the ) proposed interveners, Out on Bay Street and ) OUTlaws ::::i c: ) co ) S. Ursel & K. Ensslen, for the proposed ~ .,.- ) <:;!" intervener, Canadian Association ofLabour l!) ) Lawyers l!) (.) ) (/) z ) Gerard P. Charette, proposed intervener, m 0 <:;!" ) person .,.- 0 ) N ) B. Davies, for the proposed intervener, ) Criminal Lawyers Association ) ) C. P aliare & J. Radbord, for the proposed ) intervener, The Advocates' Society ) ) R Lee, for the intervener, The Attorney ) General of Canada ) ) ) HEARD at Toronto: September 3 & 23, ) 2014

NORDHEIMER J.:

[I] There are eleven motions for leave to intervene in this judicial review application brought on behalf of fourteen organizations and individuals. On August 18, 2014, Associate Chief Justice Marrocco made an order, pursuant to r. 13.03(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, designating me as the judge to hear and determine all motions for leave to intervene in this proceeding.

[2] I will begin by setting out the basic principles that apply to motions to intervene since they are common to all of the motions. I will then very briefly set out the fucts of this case in order to provide some framework for the motions to intervene. Next, I will briefly summarize who each of the proposed interveners are and the issues that they seek to address if granted 28 Page: 3

intervener status. Thereafter, I will set out my conclusions as to who should be granted intervener status and why I have reached those conclusions. Finally, I will address the terms upon which intervener status is granted.

The principles ..-- LO [3] Rule 13.02 is the relevant rule applicable to these motions. It reads: ""'"LO () (/) z Any person may, with leave of a judge or at the invitation of the presiding judge 0 or master, and without becoming a party to the proceeding, intervene as a friend ..-- ""'"0 of the court for the purpose of rendering assistance to the court by way of N argument.

[4] There does not appear to be any dispute between the various parties as to the relevant principles that are to guide the court's decision whether to grant leave to intervene on this basis. Those principles begin with the decision in Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R. (2d) 164 (C.A.) where Dubin, C.J.O. said, at p. 167:

Although much has been written as to the proper matters to be considered in determining whether an application for intervention should be granted, in the end, in my opinion, the matters to be considered are the nature of the case, the issues which arise and the likelihood of the applicant being able to make a useful contribution to the resolution of the appeal without causing injustice to the immediate parties.

[5] Those basic principles were expanded upon somewhat as they apply to cases involving the Canadian Charter of Rights and Freedoms by the subsequent decision in Bedford v. Canada (Attorney General) (2009), 98 O.R. (3d) 792 (C.A.) where the court said, at para. 2:

Where the intervention is in a Charter case, usually at least one of three criteria is met by the intervenor: it has a real substantial and identifiable interest in the subject matter of the proceedings; it has an important perspective distinct from the immediate parties; or it is a well recognized group with a special expertise and a broadly identifiable membership base.

[6] I do not view the criteria set out in Bedford, though, as overriding the fundamental requirements set out in Peel. In other words, it is not sufficient to be granted status as an intervener for a proposed intervener to just satisfY one of the Bedford criteria. I reach that 29 Page: 4

conclusion because if the criteria in Bedford were to be read literally, since they are stated to be disjunctive as opposed to conjunctive, an organization that was, for example, a well-recognized group with a special expertise and broadly identifiable membership base would gain status as an intervener even though they did not offer a perspective different from that of the parties. That would not be an acceptable result and thus it should be self-evident that something more than just ..- v l!) satisfYing that one criterion is necessary. l!) () z(/) [7] I conclude, therefore, that, even under the principles set out in Bedford, a proposed 0 ..--v intervener must still satisfY the basic requirement that their participation will result in them 0 N making a useful and distinct contribution not otherwise offered by the parties. Concluding that that is a basic requirement is consistent with the principles employed by the Supreme Court of Canada and. enunciated by McLachlin J. in R v. Finta, [1993] 1 S.C.R. 1138 at para. 5:

The criteria under Rule 18 [now rule 57] require that the applicant establish: (1) an interest and (2) submissions which will be useful and different from those of the other parties. [emphasis added]

[8] I believe that it is helpful to mention three other principles that govern the granting of intervener status. First, it is a general principle that the threshold for granting intervener status in a public interest or public policy case, is lower than it is for a private interest case: Jones v. Tsige (20 11 ), 106 0 .R. (3d) 721 (C.A. ). There is no dispute that the issues raised in this case engage both the public interest and public policy.

[9] Second, in Charter cases, it is recognized that it is important for the court ''to receive a diversity of representations reflecting the wide-ranging impact of its decision": Ontario (Attorney General) v. Dieleman (1993), 16 O.R. (3d) 32 (Gen. Div.).

[I 0] Third, it is also a principle that the fact that the proposed intervener is not indifferent to the outcome of the appeal is not a reason to deny it the right to intervene: Oakwell Engineering Ltd. v. Enernorth Industries Inc., [2006] O.J. No. 1942 (C.A.) at para. 9. I would add one observation regarding the application of that principle, however. It seems to me that when there are multiple applicants for leave to intervene, some of which favour the position of the 30 Page: 5

applicant/appellant while others favour the position of the respondent, the court should take into account the general desire that there should, in the end result, be some balance between the positions to be advocated when granting intervener status. While I accept that this would be a secondary consideration to the main considerations established by the decision in Peel, it is nonetheless a factor that should be considered in the overall mix. ~ lO Background (.) (/)z 0 [11] Trinity Western University ("TWU'') is a Christian university located in Langley, British .,...'¢ 0 Columbia. TWU submitted a proposal to establish a School of Law to the British Columbia N Ministry of Advanced Education and the Federation of Law Societies of Canada in June 2012. The new law school is planned to start in September 2016.

[12] Of relevance to this matter is the fact that all TWU students, faculty and staff are required annually to sign a Community Covenant Agreement. Contained within the Community Covenant Agreement are a variety of terms by which TWU community members agree to regulate their conduct through, among other things, voluntarily abstaining from various actions including "sexual intimacy that violates the sacredness of marriage between a man and a woman".

[13] TWU has sought accreditation for its law school from a number of Provincial law societies. In April of this year, the Law Society of Upper Canada (''LSUC'') voted against the accreditation of TWU's proposed new law school. TWU has brought an application for judicial review ofthat decision before this court.

The proposed interveners

[14] I now tum to each ofthe proposed interveners and the issues that they propose to address if granted intervener status. I will provide just a brief summary of both the nature of the proposed interveners and their issues. I believe that a brief summary is sufficient for the purposes of these motions in terms of explaining who the proposed interveners are and what they submit they can add to the consideration of the issues raised by this judicial review application. I 31 Page: 6

should add that neither the applicants nor the respondent opposed any of the motions to intervene.

.,... ~ l!) l!) 0 (/) z 0 ~ '<'""" 0 N ),'72 Page: 7

A. Canadian Council of Christian Charities

[15] The Canadian Council of Christian Charities ("CCCC") was founded in 1972 to aid in ensuring that Christian charities in Canada would follow good stewardship practices and thus be .,..-

l{) more effective in conducting their Christian work. It is an association made up primarily of l{)""'" (_) charities. ecce provides assistance to such charities in management and accountability (/)z 0 including tax and accounting compliance. ..- a""'" C'l [16] CCCC currently serves over 3,300 charities. It provides advice and answers specific questions that arise. ecce employs lawyers in-house to assist these charities and also represents their interests in submissions to governments and before the courts. Of note is that included within the membership ofCCCC are fifty-four colleges and universities.

[17] If granted intervener status, CCCC will advance arguments outlining the wide application of this cotut's pending decision on religious communities and charities across Canada. It will also address potential impacts on post-secondary universities that may arise from the decision including other disciplines that may be subject to regulatory approval.

B. The Christian Legal Fellowship

[ 18] The Christian Legal Fellowship ("CLF") was founded in the mid-1970s. It is a national non-profit association of lawyers, law students and law professors, among others. The CLF has over 550 active members drawn from more than thirty Christian denominations. The CLF includes among its members current law students who hold undergraduate degrees from TWU.

[19] The CLF includes among its objects a commitment "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". It has a particular interest in how the regulation of the practice of law and legal education in Canada can place limits on the rights to religious freedoms. 33 Page: 8

[20] If granted intervener status, CLF will argue before this court that freedom of religion includes the right to have a religiously informed conception of marriage and sexuality; that the Law Society of Upper Canada's (''LSUC'') accreditation decision imperils the ability of legal professionals to hold such religious views and that the accreditation decision violates the Charter rights of such professionals by infringing on their rights to religious freedom and freedom of ..-- '¢ l[) expression. l[) () (/)z C. Justice Centre for Constitutional Freedoms 0 ..--'¢ 0 [21] The Justice Centre for Constitutional Freedoms ("JCCF'') was established as a non-profit N corporation in 20 I 0. It is a registered charitable organization based in Calgary, Alberta whose mission is to promote and defend the constitutional freedoms of Canadians through litigation and education. The JCCF acts for citizens whose Charter rights have been infringed by government.

[22] If granted intervener status, the JCCF will argue that the Charter freedom of association protects the rights of individuals to associate with an organization even if that organization espouses unpopular beliefs and practices. JCCF will also argue that the accreditation decision of the LSUC infringes the freedom of religion and freedom of expression of the TWU students.

D. The Association for Reformed Political Action Canada

[23] The Association for Reformed Political Action Canada ("ARP AC") is a non-profit organization devoted to educating, equipping and assisting members of Canada's Reformed churches and the broader Christian community. ARP AC believes that Christian faith must be applied to Canadian society in both word and deed. The Reformed Christian faith upholds the sovereignty of God and consequently the importance of applying His Word to all of life including the social, moral and political spheres.

[24] If granted intervener status, ARPAC will argue that the Charter right of freedom of religion should be interpreted in the broadest sense. It will also argue that the Charter right of freedom of association includes the protection of individuals who associate for the purpose of 34 Page: 9

exercising their religious freedom ARP AC will also argue that the equality rights under s. 15 of the Charter should be interpreted in a fashion that does not restrict other Charter rights.

..- -.;!" LO LO 0 (/)z 0 -.;!"..- 0 N 35 Page: 10

E. The Evangelical Fellowship ofCanada and Christian Higher Education Canada

[25] The Evangelical Fellowship of Canada (''EFC") and Christian Higher Education Canada

("CHEC'') ask collectively for intervener status. EFC was founded in 1964 and is a national ..- LO association of Protestant denominations, churches and educational institutions. In addition, over ""'"LO 0 (f) one hundred other organizations and post-secondary education schools are affiliated with EFC. z 0 CHEC is a non-profit charity. It is an association of Christian higher education institutions ..- 0""'" across Canada that was created in 2005. N

[26] If granted intervener status, EFC and CHEC will argue that freedom of religion includes not only the right to hold religious beliefS but the right to live one's life according to those beliefS. They will also argue that freedom of association includes the right to practice one's religion and that includes in the classrooms of CHEC's members. EFC and CHEC will further argue that the accreditation decision of the LSUC infringes not only the Charter right of freedom ofreligion but also equality rights under s. 15.

F. Catholic Civil Rights League and Faith and Freedom Alliance

[27] Catholic Civil Rights League ("CCRL'') and Faith and Freedom Alliance (''FF A'') collectively seek intervener status. CCRL was formed in 1985 and is a national lay Catholic organization committed to working with the media to secure a fuir hearing for Catholic or Christian positions on issues of public debate. FF A was established in 2004 as a national non­ denominational Christian organization. It seeks to promote a Gospel-inspired conception of freedom of religion, conscience and expression under constitutional and human rights legislation across the country. FF A also seeks to increase public awareness regarding the potential dangers of secularism.

[28] If granted intervener status, CCRL and FF A will advance submissions regarding the necessary limitations on secularism contrasted with the freedom of religion guaranteed by the Charter. They will argue against any concept that secularism must mean a greater absence of 36 Page: II

religion in public matters. They will focus their submissions on the issues concerning secularism and discrimination and their interplay with freedom of religion and the values of pluralism and multiculturalism under the Charter.

G. Gerard P. Charette .,.... 1.0 [29] Gerard P. Charette is the only individual who seeks to intervene in this matter. Mr. ""'"1.0 (.) Charette is both a member of the LSUC and is an ordained Roman Catholic permanent deacon. (f)z 0 Mr. Charette intends to enroll in professional law courses at TWU. Mr. Charette currently .,.... 0""'" carries on a private practice of law in Windsor, Ontario. N

[30] If granted intervener status, Mr. Charette will make submissions as to the possible impact of the LSUC's accreditation decision on his ability to secure continuing professional development from a variety of organizations including the Roman Catholic Archdiocese of Toronto. Mr. Charette will also make submissions as to the possible impact that the LSUC's accreditation decision may have on his ability to continue his pro bono law practice that provides legal assistance to Christian persons whose self-expression of religious belief has been adversely affected by the actions of non-governmental groups or other persons.

H. Canadian Association ofLabour Lawyers

[31] The Canadian Association of Labour Lawyers ("CALL") is a non-profit organization of labour and employment lawyers founded in 1989. It has over four hundred and ninety members from forty-six law firms and thirty-five unions. It is the only such organization of union-side labour lawyers in Canada.

[32] If granted intervener status, CALL will make submissions as to the appropriate balance to be struck between religious freedom and equality rights. It will also make submissions on that balance as it relates to the LSUC's responsibility to accredit law schools who provide educational services to those who will practice in a public sector legal system. It will also make submissions on the obligations of the LSUC to consider the application of the Charter, 37 Page: 12

applicable hwnan rights legislation and other related legislation in making decisions about accreditation.

...- '<:!" 1.!) 1.!) 0 (f) z 0 ..-'<:!" 0 N 3c0 Page: 13

I. Criminal Lawyers' Association

[33] The Criminal Lawyers' Association ("CLA'') is a non-profit organization founded m 1971. It comprises over one thousand criminal defence lawyers practising in the Province of Ontario. TI1e objects of the CLA are to educate, promote and represent the membership on

T""" issues relating to criminal and constitutional law. -=:t L{) L{) 0 [34] If granted intervener status, the CLA will argue that the LSUC, in reaching its (/)z 0 -=:t accreditation decision, had an obligation to protect the public interest and a duty to avoid T""" 0 discrimination and promote equality in the profession. It will argue that the LSUC was entitled N to weigh and balance competing interests in coming to a decision that is in keeping with the guiding principles set out in its governing statute. The CLA will further argue that the LSUC was entitled to look beyond the adequacy of the TWU curriculum in deciding whether to accredit TWU.

J. Out On Bay Street and OUTlaws

[35] Out On Bay Street and OUTlaws collectively seek intervener status. Out On Bay Street is a non-profit organization established in 2007 that fucilitates the professional development of lesbian, gay, bisexua~ transgender and queer (''LGBTQ'') students as they move from school to career. The organization primarily serves LGBTQ students at law and business schools. OUTlaws is an association of LGBTQ student groups at various law schools across Canada. It seeks to advance the interests of LGBTQ law students including working towards making law schools and legal education more inclusive of those students.

[36] If granted intervener status, Out On Bay Street and OUTlaws will make submissions regarding the effect of TWU's Community Covenant Agreement on LGBTQ students. They will also make submissions addressing the proper approach to balancing equality rights and religious freedoms with the LSUC's obligation to act in the public interest. They will further make submissions regarding the impact of the TWU covenant on the equality rights of LGBTQ students. 39 Page: 14

K. The Advocates' Society

[37] The Advocates' Society was established in 1963 as a province-wide professional association for trial and appellate lawyers in Ontario. It is a not for profit corporation that .,.... lO currently represents over 5,000 advocates in Ontario as well as in other provinces. It engages in """lO 0 advocacy education, legal reform and the promotion of access to, and improvement of the z(/) 0 administration of, justice. .,.... 0""" C'J [38] If granted intervener status, The Advocates' Society will argue that the LSUC must advance the cause of justice, fucilitate access to justice and protect the public interest. It will also argue that the LSUC could not condone discrimination in reaching its accreditation decision and that its conclusion in that regard respects Charter values.

Conclusions

[39] Of the fourteen proposed interveners, the first ten (as I have listed them above) support the position ofTWU. The final four support the position ofthe LSUC.

[40] I will begin my analysis by saying that I do not doubt the sincerity of the interests displayed by all of the proposed interveners. It is clear that they all have a strong interest in the issues raised by this judicial review application. Also, all of the organizations are established ones that have their own individual expertise and experience to offer. Mr. Charette also has his own unique background and experience that could be brought to bear on the issues.

[41] Where my difficulty arises is with the requirement that the proposed interveners offer a viewpoint that is distinct not only from the parties but from each other. While the degree of overlap with the parties is limited, there is some overlap nonetheless. However, in a case such as this, a degree of overlap is going to be unavoidable. The fuct that there is some overlap, though, does not change the fuct that the interveners bring a different perspective to the issues than the 40 Page: 15

parties necessarily do. More importantly, however, is that I see considerable overlap among the positions that each ofthe proposed interveners would seek to advance.

[42] On that latter point, I recognize that each of the proposed interveners has a slightly different perspective on the issues raised. They couch their proposed submissions in slightly different terms. But in considering the issue of granting intervener status, the court does not look ...... LO ""'"LO for slight nuances. It looks, as was said in Bedford, for "an important perspective distinct from 0 (/)z the immediate parties". I would add to that requirement something that I believe is implicit in 0 ...... the requirement itself and that is that the perspective must not only be distinct from the 0""" N immediate parties but it must also be different from the other proposed interveners. There is no benefit to the court in hearing and determining complex issues, of the type that are raised in this judicial review application, to have the same central points repeated by muhiple interveners.

[43] The court process is not akin to a public consuhative process where every conceivable difference of opinion or view is to be gathered and digested. The principle focus of the court is to resolve the issues that are in dispute between the parties in accordance with the applicable legal principles but, in doing so, to be guided by considerations of the broader impacts that the court's decision may have, that is, impacts beyond just the interests that the parties present. It is to this latter consideration that the interveners can provide assistance but that assistance does not require every permutation and combination of views to be expounded upon. If it were otherwise, there would be no need for a threshold determination of standing for interveners to be made. We would simply open up the process to all interested persons. Such a resuh would greatly encumber the core adjudicative process, however. Consequently, there must be some limits placed on the intervention process. Those limits may seem to some to be arbitrary or unfair but it is a necessary part of deciding such matters. As Adams J. observed in Dielman, at para. 7:

Therefore, some line-drawing is inevitable.

[44] I recognize that the task of determining which interveners bring a sufficiently distinct perspective to the issues raised, and the amount of overlap that may be involved, is complicated by the fuct that the parties have not as yet filed their fucta in this matter. I do not, therefore, have 41 Page: 16

the benefit (nor do any of the proposed interveners) of knowing precisely what issues the parties will address and in what manner. Nevertheless, the reality is that the scheduling requirements of this court did not allow for these motions to await all of that being done without greatly delaying the hearing ofthe application for judicial review itself

.,.... [45] The overlap to which I make reference is most apparent in considering the applications of "

[46] In my view, CLF, given its membership, has a more direct role in the issues raised and more directly addresses some of the broader issues that the court will have to consider. I note, in particular, that CLF includes within its membership current law students who hold undergraduate degrees from TWU. They are a group that are directly affected by the issues raised in this judicial review application. In a somewhat similar way, I also view the EFC and the CHEC as more directly representing another group directly affected by the issues here and that is educational institutions or, at least in the case of these proposed interveners, Christian educational institutions. EFC and CHEC will also address another issue and that is the interplay between secularism and freedom of religion. I view the interests of CCCC, ARP AC, CCRL, and FF A to be less direct than these other organizations and, to some considerable degree, to be encompassed within the submissions that CLF, EFC and CHEC say that they will make.

[47] I therefore grant intervener status to the Christian Legal Fellowship, and jointly to the Evangelical Fellowship of Canada, and the Christian Higher Education Canada but deny 42 Page: 17

intervener status to the Canadian Council of Christian Charities, the Association for Reformed Political Action Canada, the Catholic Civil Rights League and the Faith and Freedom Alliance.

[48] Unlike the organizations that I have just dealt with, JCCF is a non-religious organization. As such, it brings a different perspective to the issues. It concentrates its submissions on the ..-- freedom of association issue as it may relate to any group that holds and espouses views that may '<:!" lO lO be unpopular or controversial. In my view, its view point is sufficiently distinct that it may be () (f)z valuable to the court hearing this matter. 0 ..--'<:!" 0 [49] I therefore grant intervener status to the Judicial Centre for Constitutional Freedoms. N

[50] Gerard Charette also provides a distinct and separate point of view as both a lawyer and an ordained Roman Catholic permanent deacon. I do not, however, view the issues that Mr. Charette wishes to raise as being central to the issues that this court will have to determine. Mr. Charette's concerns appear to be very much directed towards his rights to choose where he attends for the purposes of continuing education and professional development. He is concerned that the position taken by the LSUC regarding TWU's accreditation could ultimately impact on what sources of continuing education and professional development the LSUC will sanction. While that could occur, it is very much a prospective and hypothetical concern and one that has the potential for deflecting attention from the central issues that are raised in this proceeding.

[51] I decline to grant intervener status to Gerard Charette.

[52] CALL, CLA, The Advocates' Society, Out on Bay Street and OUTlaws made a combination of joint and individual submissions on their motions. I draw certain distinctions between them, however.

[53] Out on Bay Street and OUTlaws represent a group of individuals who are directly affected by the issues raised in this judicial review application. Much as CLF represented a group of individuals directly affected, Out on Bay Street and OUTlaws represent another side of those directly affected. Their perspective on the ramifications of the outcome of this matter are equally important. 43 Page: 18

[54] I therefore grant intervener status jointly to Out on Bay Street and OUTlaws.

[55] There is an element of overlap involved when it comes to considering the positions of CALL, CLA and The Advocates' Society. The Advocates' Society has a recognized and lengthy background of speaking on behalf of advocates on important issues generally. It is also well­ ..- positioned to speak to the issue of the protection of the public as it may arise in this context. The "

[56] The issue of the protection of the public and the issue of how regulatory bodies should deal with accreditation decisions in the context of these types of issues are also important considerations and ones that the court will likely benefit from having submissions on. Nevertheless, there have to be limits on that participation. In my view, CALL's perspective is more narrow than the other two and would not add a sufficient dimension to warrant separate standing.

[57] I therefore grant intervener status to The Advocates' Society and the Criminal Lawyers Association but I would decline intervener status for the Canadian Association of Labour Lawyers.

Conditions applicable to the interveners

[58] Most of the conditions that would apply to the interveners were not the subject of any dispute. One issue that did arise, however, is whether the question of granting the interveners the right to make submissions should await the filing of all of the facta. This is the route taken by the Supreme Court of Canada and was urged by TWU and the LSUC. The proposed interveners differed in their views on this question. Page: 19

[59] I do not see any pressing need to defer this issue to await the filing of the fucta. The Supreme Court of Canada is in a very different position on these matters generally. It will normally have had the benefit of two (and sometimes more) decisions by courts on the issues and, in those circumstances, it may be more evident that additional oral submissions will not likely assist over and above the written material that is filed. I note in that regard that the length ..-- l!) of oral sub missions in the Supreme Court of Canada is already very limited even for the parties. l!)""" () z(/) [60] It is much more the usual case in this court, and in the Court of Appeal, that the granting 0 ..-- of intervener status will carry with it the right to make limited oral submissions. I do not see any """0 reason to depart from that usual result in this case. Given that the granting of intervener status is "' predicated on the belief that it will be of assistance to the court, I view the oral submissions as being very much a part of that assistance. All of that said, however, it is ultimately up to the panel hearing this judicial review application to determine how much time they will permit the parties and the interveners to make submissions. By that point, the panel will have the facta of all of the participants and from that be able to make a much more informed decision as to the need for, and benefit to be gained from, oral submissions by the interveners. Nothing I decide here is intended to interfere with the panel's discretion in that regard.

[61] Consequently, I impose the following conditions on each of the interveners:

CD the interveners will accept the record as prepared by the parties and not add to it or adduce further evidence or raise new issues; (ii) the fuctum of each intervener will be limited to fifteen pages; (iii) each intervener will have thirty minutes to make its submissions subject to the direction of the panel hearing the judicial review application; (iv) the interveners will make every reasonable effort to avoid duplicating the submissions of any of the parties or each other; (v) the interveners will receive the record of the proceedings, the applicants' and the respondent's application records, fucta and books of authorities in electronic form; (vi) service of all materials will be done electronically; (vii) the interveners will comply with the schedule that will subsequently be ordered by the court for the delivery of all materials, and; (viii) each of the interveners will not seek, nor will they be subject to, any award of costs including the costs of these motions. 45 Page: 20

[62] Finally, I should record the fuct that counsel for the Attorney General of Canada appeared on these motions. The Attorney General of Canada is intervening in this matter as a matter of right. To facilitate matters, the Attorney General of Canada has voluntarily agreed to be bound by the same conditions that are applicable to all of the other interveners. .- L{) """L{) (.) (/)z 0

'<'""" """0 N NORDHEIMER J.

Date ofRelease: CITATION: Trinity Western University v. Law Society of Upper Canada, 2014 ONSC 5541 DIVISIONAL COURT FILE NO.: 250114

ONTARIO SUPERIOR COURT OF JUSTICE ..- '<:!" DIVISIONAL COURT L{) L{) () (/) z 0 '<:!"..- 0 BETWEEN: "' TRINITY WESTERN UNIVERSITY and BRA YDEN VOLKENANT

Applicants

-and-

THE LAW SOCIETY OF UPPER CANADA

Respondent

REASONS FOR DECISION

NORD HEIMER J.

Date ofRelease: 47

This is Exhibit "C" to the Affidavit of Albert Lam, sworn before me this lt.rr day of June, 2017.

Commissioner for Taking Affidavits

Helen Falbo. a Commissioner. etc .. Province of Ontario. for Goldblatt Partners LLP. Barristers and Solicitors. Expires November 10. 2018. Industry lndustrie 1+1 Canada Canada Canada Loi sur les Corporations Act corporations canadiennes

CANADA

LETTERS PATENT

WHEREAS an application has been filed to incorporate a corporation under the name

OUT ON BAY STREET

THEREFORE the Minister of tndustry by virtue ·of the powers vested in him by the Canada Corporations Act, constitutes the applicants and such persons as may hereafter become members in the corporation hereby created, a body corporate and politic in accordance with the provisions of the said Act. A copy of the said application is attached hereto and forms part hereof.

Date of Letters Patent - February 9, 2010

GIVEN under the seal of office of the Minister of Industry.

for the Minister of Industry

File Number: 455065-0

Canada 49

APPLICATION FOR INCORPORATION

OF A CORPORATION WITHOUT SHARE CAPITAL

UNDER PART ll OF THE CANADA CORPORATIONS ACT

. . . To th~ Minister .of Industry ! . . ·.The undersi~ed. hereby appiy to the Minister ·of IndustrY for ·th~ grant of .a,: charter by letters patent under the provisions of Part II of the Canada Corporation$ Act constituting the undersigned, and such others as may become members of the Corporation thereby created, a body corporate and politic under the name of:

OUT ON BAY STREET

The undersigned have satisfied themselves and are assured that the proposed name under which incorporation is sought is not the same or similar to the name under which any other company, society, association or firm in. existence is carrying on business in Canada or is incorporated under. the laws of Canada or any province thereof or so ~early resembles the same · as to be calculated to de~eive, and that it i~ not a name ·which i~ oth~rwise on public policy ·groUI).ds objectionable. . · · n

The applicants are individuals of the full age of 18 years with power under the law to contract. The name, the address and the occupation of each of the applicants are as follows:

Ryan Henry Edmonds 14 Passy Crescent, Unit 108 Toronto, Ontario M3J 3L2 Full-time Student at Osgoode Hall Law School, York University

Daniel Oliveira 235 Bloor Street East, Apt. 2312 Toronto, Ontario M4W 3Y3 Assistant Brand Manger, The Procter & Gamble Company

Michael Went 456 College Street, Unit 411 Toronto, Ontario M6G 4A3 Senior Municipal Financial Advisor, Ontario Ministry of Municipal Affairs and Housing

7269243_4 2.

The said applicants will be. the first directors of Out On Bay Street (hereinafter called the "Corporation").

The objects of the Corpomtion are:

(i) to educate a,nd increase the puJ?lic~s un~erstanding C?f the lesbian~ .gay, bisexual .and transgend.er (''LGBT'~) .conlm.unit}t, .both strident and professional; · · ... · ...... (ii) . to promote education of LGBT students by providing s.cbolarships, bursaries, . awards and other forms of financial and resource based assistance;

(iii) to provide seminars, workshops and mentoring programmes that are directed toward resolving the challenges faced by LGBT students in the professional workplace in order to advance the integration of LGBT students in the workforce; and ·

(iv) to establish and operate an annual conference to bring together LGBT students and the business community to foster awareness of socially responsible practices towards the LGBT community. . · IV: ..

The operations of the Corpomtion may be carried oii throughout Canada and elsewhere. v

The place within Canada where the head office of the Corporation is to be situated is the City of Toronto, in the Province of Ontario.

It is specially provided that in the event of dissolution or winding-up of the Corporation, all its remaining assets after payment of its liabilities shall be distributed to one or more registered charitable organizations in Canada as defined under the provisions of the Income Tax Act.

The by-laws of the Corporation shall be those filed with the application for letters patent until repealed, amended, altered or added to.

The Corporation shall carry on its opemtions without pecuniary gain to its members, and

7269243_4 51 3.

any profits or other accretions to the Corporation shall be used in promoting its objects. No part of the income of the Corporation shall be payable to or otherwise available for the benefit of any member thereof.

Province of Ontario this 3rd day of

·~···...... ,...... ·. . ... ·~··

; Michael Went

7269243_4 This is Exhibit "D" to the Affidavit of Albert Lam, sworn before me this lit-day of June, 2017.

Commi~Taking Affidavits Helen Falbo. a Commissioner. etc.. ProVince of Ontario. tor Goldblatt Partners LLP. Barristers and Solicitors. Expires November 10. 2018. 53

Innovation, Science and Innovation, Sciences et Economic Development Canada Developpement economlque canada ••• Corpotallo

2 - Corporation number I 4SS06si-G

3 ·The articles are amended as follows: {complete all applicable sections) A ·The corporation amunda Its name to:

I. ~orporate Name !START PROUD I II. Corporate name In the other official language (If applicable)

B ·The corporation amends the province or territory In Canada where the registered office Is situated to:

c - The corporation amends the number of dlrectora to: (for a fiXed number, Indicate !he same number In both boxes)

Minimum number D Maximum number D b ·Other amendments, please specify:

4 - Declaration I hereby certify that I am a director or an authorized officer of the corporation.

Signature: ~·~~- (7 Print name: Justin LoPresti Telephone Number; 416·871·1509

Nolo: A parson who makes, or assists In making, a false or misleading statement Is guilty of an offence and liable on summary conviction to a fine of not more than $6,000 or to Imprisonment for a term of not more than six months or to both (subsection 262(2) of the NFP Act), ISED·ISDE 35&0E (2011:1-11) Cana cia 54

This is Exhibit "E" to the Affidavit of Albert Lam, sworn before me this j'Lf~ day of June, 2017. ~e&v Commissioner for Taking Affidavits

Hale~ Falbo. a Commissioner. etc ~ovrnce of Ontario. for Goldblatt" r:v~Jners LLP. Barristers and SollcHors. '""JJ res November 10. 2018. OUT ON BAY STREET ANNUAL CONFERENCE -~1 ~au)~~et

Sponsorship Package 2017

Lr1 L..rl

Presented by STAR.! PROUD = """""'

LETTER FROM THE PRESIDENT A BRIEF HISTORY

2016 was a year of growth that was characterized by rebranding from 2007 "Out On Bay Street" to "Start Proud" to emphasize our focus on Founded by five MBA Students at Rotman and Schulich students, as well as execute our national expansion initiatives and introduce Canada's first LGBTQA+ entrepreneurship and tech summit, 2008 Venture Out. Introduced programming for law students Incredibly. this growth did not come at the expense of what we 2010 have always done best, year over year. Our Out On Bay Street Annual Registered as a federal non-profit Conference once again sold out with over 400 in attendance at the grand gala dinner. Our keynote speakers were trans activist Jacob Tobia, 2011 entrepreneur and speaker Corrine Sandler, and EVP of English Services at Created Women's Speaker Series and CBC Heather Conway. We hosted and produced over 25 events across Leaders To Be Proud Of Awards Toronto, Ottawa and Montreal that attracted hundreds of students who networked and listened to insightful panel discussions on LGBTQA+ 2013 Introduced a new logo to coincide with the issues, business and law. launch of Student Leadership Scholarships Our Leaders To Be Proud Of awards recognized seven outstanding out or ally executive leaders, including Mary Lou Maher, Partner in Charge GTA Audit and 2014 Ul -..J Chief Inclusion Officer at KPMG and the recipient of the Lifetime Achievement Granted intervenor status in Trinity Western University legal dispute; held first Award. All seven executives have demonstrated significant professional success event in Ottawa while bringing their true selves to work and inspiring a whole generation of students to strive for excellence. 201S If 2016 was a year of growth, 2017 is where we let the dust settle and we refine Sold out Annual Conference to maximum capacity for the first time the initiatives that defined the past year.

Albert Lam 2016 President/Organizing Committee, 2017 Celebrated our lOth Anniversary and Out On Bay Street announced Start Proud rebrand and national expansion; held first event in Montreal START PROUD o:=~ 2017 - Launching Venture Out, our first LGBTQA+ Tech and Entrepreneurship Summit; launch of first Start Proud events in Vancouver and Calgary 2 START PROUD = OUR NEW BRAND Why we rebranded and what it means for Out On Bay Street

WHY CHANGE THE NAME? WHAT HAPPENED TO OUT ON BAY STREET?

In 2016, Out On Bay Street entered its lOth year of operation. We wanted Out On Bay Street's annual conference has been our largest and most to find new ways to improve our impact and advance our service mandate. recognized event since its inception. Start Proud will continue to brand this One goal was to expand the geographic scope of our operations and event as 'Out On Bay Street' because it is the premier gathering for the top improve our national reach beyond the GTA. careers on 'Bay Street' and within the GTA.

One limitation to this goal was the Out On Bay Street brand itself because In addition to hosting the Out On Bay Street conference, Start Proud will it was inherently Toronto-focused and would likely fail to resonate with the host 'Venture Out'- Canada's first conference for LGBTQA+ inclusion in tech same effect in other cities. and entrepreneurship.

In addition, a 2015 survey of our students and sponsors revealed that the

STARTc:.;.,~~::n PROUD That's why we embarked on a journey to develop a new identity that better ..,.,..""""" reflected our national aspirations and our goal to expand into more diverse . career spaces. . WHAT DOES THE START PROUD LOGO MEAN? @ • The Start Proud logo is simple yet meaningful. Through the font and colours, Out On we maintained the legacy of the OOBS logo. The steps signify a new start Bay Street and speaks directly to our organization's goal of facilitating the beginning of VENTURE OUT our students' careers, and that we are there to support them every step of the way.

3 WHY YOU S~-IOULD PARTNER WITH US BY THE NUMBERS

RECRUIT

Over 200 students from across Canada in Undergraduate, MBA and Law programs at the annual conference .

...... EDUCATE

Over 50 speakers at workshops and panels inspire the next generation of LGBTQA + leaders with insights into LGBTQA + workplace issues and industry trends.

~ LEAD As the first and only LGBTQA + student-focussed conference in Canada, demonstrate your commitment to diversity and inclusion by joining over 40 other Out On Bay Street's sponsors and network of students ......

4 ROTMAN SCHOOL 2016 ANNUAL CONFERENCE OF MANAGEMENT SEPTEMBER 17 -18, 2016 HIGHLIGHTS KEYNOTESPEAKERS

NETWORKING EVENTS

Jacob Tobia, Corrine Sandler, CEO of Heather Conway, Writer, Speaker, ValidateiT'"Technologies, EVP English Services at Advocate Founder and CSO at Fresh CBC/Radio Canada Intelligence~ and the author of "Wake Up or Die': PANELS AND Five networking receptions WORKSHOPS with specific receptions for women and law ~. ('.::J

CAREER FAIR

18 panels and workshops focussed on various LGBTQA + issues.

COMPETITIONS Students from universities across Canada compete in 35+ company booths two challenging competitions: and over 230 students • Case Competitions (12 teams of 4 competitors) • Moot Court Competition (6 teams of 4 competitors) 5 2016 A~!NUAL CONFEREI'ICE SPOr~SORS

The Out On Bay Street annual conference would not be possible without the support of our incredible sponsors. In 2016, those sponsors were:

CONFERENCE LEADER CONFERENCE CHAMPION TIER TIER PLATINUM GOLD

LEAD HSBCID 'WHH•1Q-? BMoe· I. ..

SILVER > ~;1til accenture ==-==------~ < AIRD & BERUS LLP DIAMOND High performance. Delivered. EY ----­_= _._,=-:.=-== -e ~ ~ - BarristeJS and SoUcitom § Scotiabank® £TELUS OSLER. McKinsey&Company• c--. ~ CONFERENCE PARTNER TIER IN KIND SPONSORS : BRONZE mccarthy FASKEN~ - Lr:; c:-b MARTINEAU \.Y pw~l1 CHELSEA tetrault I'BJ Borden Ladner Gervais CASSELS BROCK lktef LAW'I'ER.S A. TORONTO I1IJ Manulife Deloitte.. mcmillan ------STIKEMAN ELLIOTT NORTON ROSE FULBRIGHT STIKEMA.N EWOn LLP ~ ~Rotman lid Bennett Meridian" ¥ UNIVERSITY 01' TORONTO TORYS donesLLP ---LLP P&G fundserri certainty. 'C:/ [~~st]

COPPER COLOURPHILL l ~~~ ~TELUS" t~ *~ 0 GOWLING WLG digital ~L~·ll!l-0?., Bell /A-'~ SY!J?£Q,Lumn U~cw- IVIuller DEOrC.aTrD TO TOU~ SUCCESS ATKearney Thomson ~Capgemini CONS Ul11NCi. HCHNOL06Y.O U rs OUR CINE LIGHTHOUS:~LABS lawyers I a..o:ats 6 • HOW TO GET ~NVOlVED WITH OUT Or~ BAY STREET ...

Out On Bay Street Calendar y y y y y y y y y

Transferable tickets to the Annual Conference 2 0 2 4 4 4 6 10 12

Tickets to the Leaders to be Proud of Awards Reception 0 0

Career Fair access y y y y y y y 0"', y y y y y y y Out On Bay Street Conference App Logo f'..) Out On Bay Street Job Portal access y y y y y y y

Access to student resumes y y y y y y y

Ability to nominate speakers y y y y y y

Table at Recruitment Lunch (post-Career Fair) y y y y y y

Exclusive events y y y y y

Send representative as panelist, judge, facilitator, etc. y y y y y

Designated table at Gala Dinner 2 3

Premiere Career Fair visibility y y y

Ad in delegate conference package (page size) Half Full

Premier visibility on all promotional mediums y y

7 Joining Start Proud as an Organizational Partner is a powerful statement about your commitment to LGBTQA+ diversity and inclusion. All funds received from the Organizational Partner tier will go towards helping Start Proud reach its mission of building a national LGBTQA+ community.

$500 ORGANIZATIONAL PARTNER BENEFITS • Visibility and Promotion: • In all Start Proud media channels • At all Start Proud events throughout the year • On the Start Proud partners web page and at the foot of each page on our website ~ • Inclusion in Start Proud communications regarding all events and initiatives L"'-1

8 The Conference Partner tier puts your brand at our flagship event- the Annual Conference. Supporting Out on Bay Street at this tier gives different engagement options depending on your organization's diversity and inclusion goals.

$2,000 COPPER LEVEL BENEFITS • 2 transferable tickets to the Conference • 1 ticket to the Leaders To Be Proud Of Awards Reception as an opportunity for senior and executive management to network with colleagues, and to showcase their support to fellow LGBTQA+ leaders • Posting on exclusive Out On Bay Street Job Portal and access delegate resumes • Designated table top at the Career fair cr-. • Brand promotion through communication channels and our conference app ~.

$2,500 BRONZE LEVEL BENEFITS ...... = G'tr.':;. DID YOU KNOW? Includes Copper Conference Partner benefits plus: In 2015, the Annual • Additional 2 transferable tickets {4 in total) Conference sold out • 1 ticket to the Leaders To Be Proud Of Awards Reception as an opportunity for the first time. for senior and executive management to network with colleagues, and to showcase their support to fellow LGBTQA+ leaders • Named table at post-Career Fair lunch for representatives to meet students • Ability to nominate speakers

9 Conference Champions have cemented their commitment to LGBTQA + diversity and inclusion. At the Annual Conference, Champions have better opportunities to directly engage with students, premier branding at their event, and the ability to customize content with the Out On Bay Street team (each offering is exclusive in this tier):'

CONFERENCE CHAMPION BENEFITS • Prominent visibility in all communications • Posting on exclusive Out On Bay Street job Board and access delegate resume • Brand promotion through communication channels and our conference app a--. • Named table at post-Career Fair lunch for representatives to meet students c._.n

$5,500 SILVER LEVEL BENEFITS Includes all Conference Champion benefits (above) plus: • Bronze Conference Partner tier benefits • Choose one of the following: • Workshop- Facilitate a workshop during conference on a mutually agreed-upon topic. • Community Outreach- Facilitate a strategy session to help one of our non-profit partners.

10 $9,000 GOLD LEVEL BENEFITS Includes all Conference Champion benefits (left) plus:

• Choose one of the following: """"'""""' • Women's Panel plus the post-panel reception DijD YOU KNOW? In 2017, we expanded • Law Panel plus the post-panel reception our presence into five • For panel events, a sponsor representative can join the panel as a speaker cities across Canada. • Engage directly with the audience at your event (5 minute talk) • 4 transferable tickets to the Conference total

$11,000 PlATINUM LEVEL BENEFITS Includes all Conference Champion benefits (left) plus: ~ 0"- • Choose one of the following: • Case Competition plus reception- Help judge the competition, present the award to the winners, and address all attendees. • Moot Competition plus Call to the Bar reception- Bring in judges and address all competitors. • Saturday Recruiting Lunch- Address the entire conference at this catered, sit-down lunch with a keynote speaker. • One designated prime location for Saturday Gala Dinner • Engage directly with the audience at your event (5 minute talk) • 6 transferable tickets to the Conference total • Premier visibility at the Career Fair

11 As a Conference Leader, your commitment to LGBTQA+ diversity and inclusion is unwavering. During the Annual Conference, Leader-tier sponsors have the highest visibility, the strongest brand presence, and the best opportunities to engage with students.

$18,000 DIAMOND FRIDAY NIGHT RECEPTION • Prominently visible as the Presenting Sponsor for the 2016 Annual Conference's Friday Evening Reception • Premiere visibility in all Out On Bay Street Annual Conference ,-.;:_a promotional mediums ...... """""' DiD YOU KNOW? • Address the entire conference at the Reception (up to 10 minutes) Out On Bay Street • One designated prime center location table at the Saturday Gala for expanded nationally your organization and rebranded to • 10 transferable tickets to the Conference total Start Proud in 2017. • Prime center display booth at Career Fair • Half-page advertisement in the delegate package • Logo displayed when delegates log into Conference App • Posting on exclusive Out On Bay Street Job Board and access delegate resume. • Brand promotion through communication channels and our conference app • Name table at post-Career Fair lunch for representatives to meet students

12 As a Conference Leader, your commitment to LGBTQA+ diversity and inclusion is unwavering. During the Annual Conference, Leader-tier sponsors have the highest visibility, the strongest brand presence, and the best opportunities to engage with students.

$26,000 LEAD SATURDAY NIGHT GALA • Prominently visible as the Presenting Sponsor for the 2016 Annual Conference

Saturday Gala Dinner <:..:c::.o:-:. """"'""""' • Premier visibility in all Out On Bay Street Annual Conference DID YOU KNOW? promotional mediums In 2017, we have • Address the entire conference at the Gala (up to 10 minutes) 80 volunteers working m F-r\ • Three designated prime center location tables at the Saturday Gala for with us! '~ your organization • 12 transferable tickets to the Conference total • Prime center display booth at Career Fair • Full-page advertisement in the delegate package • Logo displayed when delegates log into Conference App • Posting on exclusive Out On Bay Street Job Board and access delegate resume. • Brand promotion through communication channels and our conference app • Name table at post-Career Fair lunch for representatives to meet students • Company branded lanyards to all student delegates

13 OTHER SPONSORSHIP OPPORTUNITIES

Leaders to be Proud Of Honours the most influential business leaders in Canada that $TBD either self-identify as LGBTQA+ or have been strong advocates for workplace diversity and inclusion

OOBS Leadership Scholarship Recognize LGBTQA + student excellence $8,000

Annual Conference Travel Bursary Bring top tier students from across the country to the Conference $10,000

Pride Month Social Join Start Proud to celebrate Pride $4,000 ·································································································· Holiday Social Ring in the holidays and new year with OOBS $4,000

I~ ~ Speaker Series Topics range from: $4,000 • Women's Issues (one per quarter) per event • Law (one annually)

Venture Out Canada's first conference for LGBTQA+ inclusion in tech $TBD and entrepreneurship

Ottawa Host a speaker series and networking event with $4,000 lOO+ average attendance per event

Across Canada Offered in Calgary, Montreal, Ottawa, Toronto, Vancouver $2,000 per event*

* 50% Founding Discount for 2017

14 SPONSOR RELATIONS TEAM

STEFAN PALIOS MATTHEW NASSO VP, Sponsor Relations Associate, Business Relationship Manager T: {306) 304-2373 T: (416) 460-4772 E: [email protected] E: [email protected]

ANDY CHOW DESMOND YEO Lead, Out On Bay Street Associate, Business Relationship Manager Conference Sponsor Relations T: (647) 967-0175 T: (647) 309-5750 E: [email protected] E: [email protected]

MEGAN HEESAKER MATT HARDING Associate, Law Relations Lead, Venture Out Conference --.J Sponsor Relations T: (647) 291-2396 0 T: (647) 331-8985 E: [email protected] E: [email protected]

HEATHER BEATTY ARTINMEMAR Lead, Sponsorship Operations Associate, Business Relationship Manager T: (416) 825-6675 T: (613) 331 6840 E: [email protected] E: [email protected]

JONSSON LIU LISA DURNFORD Associate, Business Relationship Manager Associate, Law Relations T: (647) 821-7383 T: (416) 735-2181 E: [email protected] E: [email protected]

15 SPONSORSHIP DISCLAIMER The terms found within this Agreement shall terminate one day prior to Out On Bay Street's Annual General Meeting {AGM) held in the calendar year following the date of the Agreement, unless terminated sooner by either party. Sponsorship dollars paid to Out On Bay Street are non-refundable. Sponsorship dollars shall be paid within 30 days of the date of invoice from Out on Bay Street. Liability to pay sponsorship dollars, including timing of payment, is a fundamental term of this agreement. You shall have the right to demand removal of your business name, trademark, and/or branding as applicable from any and all promotional or other materials relating to Out On Bay Street upon 30 days written notice.

Except as otherwise agreed in writing in advance, Out On Bay Street is solely responsible for the administration, and execution of all operations referenced within this Agreement. Each party agrees that the other party, its contracted affiliates, affiliates, agents and subcontractors, and each of their officers, directors. partners, principals or other personnel shall not be liable for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to this Agreement for an aggregate amount in excess of the sponsorship dollars for the applicable year in which the claim arose. In no event shall either party, its contracted affiliates, affiliates, agents or subcontractors, or any of their officers. directors, partners, principals or other personnel be liable for consequential, special, indirect. incidental, punitive or exemplary damages, costs, expenses. or losses (including, without limitation, lost profits and opportunity costs) against the other party by any third party, nor shall they be liable for any claim or demand against the other party by any third party. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort (including, without limitation, negligence), or otherwise. Neither party shall apply for, nor otherwise request, any award of punitive or exemplary damages against the other party. Out On Bay Street is a volunteer-based organization and does not pay a salary, stipend or other monetary award to any of its personnel. Sponsorship dollars will be used to cover the operating costs of Out On Bay Street's events and initiatives, as well as Out On Bay Street's operating expenses, which may include capital and non-capital expenditures at Out On Bay Street's sole discretion. Residual sponsorship dollars may be used to fund Out On Bay Street's events and initiatives in future years. This Agreement, including any exhibits annexed hereto and made a part hereof. constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all other oral or written representations or agreements relating to the subject matter hereof, and may not be amended except in writing, executed by the parties hereto. This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and, to the extent necessary and applicable, the laws of Canada. If any provision or part of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall not affect the other provisions, but such invalid or unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this Agreement. To the extent necessary, invalid or unenforceable provisions in this Agreement that cannot be so construed shall be severed from the Agreement. ---.1

REACH US:

START PROUD MAILING ADDRESS: EMAIL: [email protected] ~~ """"' Out On Bay Street - WEBSITE: startproud.org 20 Bloor Street East P.O. Box 75026 Toronto, ON Canada M4W 3T3

ABOUT THE DESIGN Start Proud's Design Sponsor is Colourphill, a creative+ technology consultancy specializing in employer branding and non-for-profit communications. We develop brands and technology solutions that amplify your presence and speak in your unique voice. Say hello at colourphill.com

16 72

This is Exhibit "F" to the Affidavit of Albert Lam, sworn before me this Ill'"-day of June, 2017. ·~ Commissioner for Taking Affidavits

Helen Falbo. a Commissioner. etc.. Province of Ontario. for Goldblatt Pa~ners LLP. Barristers and Solicitors. ExPires November 10. 2018.

MESSAGE FROM THE CHAIR

Dear Delegates.

Welcome to Out On Bay Street's 2014 Annual Conference. We are pleased to once again host !his outstanding event !hot brings together the brightest students and professionals from across Canada to connect wilh lesbian. goy, bisexual. transgender. queer and ally (LGBTQA)-posilive organizations within the Canadian landscapes of business. law and technology.

Built upon the values of leadership, education. and mentorshlp. we challenge ourselves to create an exceptional learning and networking opportunity for our delegates. This means that we strive for our conference to be a leader in academic and geographic diversity, sponsorship and interaction quality. as well as in our educational seminars and Inspirational keynote speeches. Since its humble beginnings, the Annual Conference has brought together some of the most successful LGBTQA leaders; In addition to, representation from top Canadian and global organizations.

II is through our Annual Conference where we focus our attention on highlighting excellence. sharing knowledge and wisdom, and providing networking opportunities to emphasize the fact that you can be an out member of the LGBTQA community and successful throughout all stages of your career. Most importantly. Out On Bay Street will provide the resources required to get you on that path. Our 2014 keynote # BS14 speakers. panelists and presenters throughout the Annual --...J Conference are all exceptional candidates that hold the aforementioned statements true. -f:::..

Evidently. the success of the Annual Conference has required the talents, dedication and lime of many volunteers and supporters to whom we would like to express our gratitude. We would also like to thank our speakers. our community partners and our generous sponsors for supporting our vision and helping us create this exceptional opportunity.

II is with such support that we challenge our delegates to take full advantage of all the opportunities and resources we provide. We take pride In fostering the next generation of young entrepreneurs and global business leaders and it is with that notion. Out On Bay Street will continue to expand as a national and professional LGBTQA non-profit organization.

Our mission is your success. Enjoy the 2014 Annual Conference.

Daniel Faranda Chair. 2014 Annual Conference Out On Bay Street

I] OutOnBaySt l,'2 @OutOnBaySt ftfj Out On Bay Street Group liiil outonbayst MAP OF VENUE Community Panel: Entrepreneurship --1 J' "Sfart-up Fever: Where fo Find Them and Why Breakup GrandA. B r- r l- l--, 7:00PM With Your Job for One" .__ ., GRAND BALLROOM '-- to [ I 8:00PM Women's Networking Event SALON S SALON C I Words will be shared by Michele Goddard. a York AlB I ! I representative of our sponsor. BMO. t: CRUSH ::! YORK A SPACE Cocktail Reception & Keynote Speech 8:30PM SALON A SALON D The fir5t day of the conference will conclude with o Grande. D. to I networking reception where delegates and professionals Crush I YORK B 10:00 PM i in attendance will have the opportunity to connect. ~ d ~-; Registration LOSSY PRE-FUNCTION AREA Desk : SAY I ~- T;;;;;-SAL~ -- --: AGENDA II: II Ill IV v I I Saturday. September 14.2014 brought to you by Lead Sponsor if!] [ I u-- Lr- Lf ~ __, Free WiFi at the Conference is Presented by our exclusive Telecomm Sponsor: ~TELus·

Registration & Sign-In AGENDA 1: AllDay Foyer light refreshments & coffee/lea will be provided. Friday. September 13.2014 brought to you by Lead Sponsor -...J Brealdast for Competition Participants York A/B

5:15PM Lunch Registration Check-In 12:00 PM to Foyer Area Lunch will be provided to all in attendance and attendees SalonA. B. light refreshments & coffee/tea will be provided. to 6:00PM will have the opportunity to hear from our lunch speaker. Foyer 1:00PM RBC representative, Eric Turner.

Workshop 1: Ways to Position Your Application For Trinity I Maximum Attraction Workshop 4: Thinking Beyond Traditional and Social Media Trinity I 6:00PM to Connect with the LGBTQA Community Workshop 2: Law Arm Application Process. Advice for to Trinity II 1:00PM Success. and What to do after OCI's Workshop 5: Community and Pro Bono Work: Opportunities 6:50PM to Trinity II for Learning and Development Workshop 3: Posting Another Selfie? How Social Media Has 1:50PM Trinity Ill Influenced Arm Recruitment Workshop 6: Brains and Brawn: What II Takes to Get Trinity Ill Through a Typical Day :1 Law Panel I: SPEAKERS "Out and About: Practicing law and Building Relationships Salone, D as a LGBT laywer" WOMEN'S HOUR EVENT SPEAKER FRIDAY EVENING COCKTAIL RECEPTION SCOTIABANK SPEAKER Trans Issues In the Workplace MICHELE GODDARD r~u'~·,··-·-c'"·"'"' RENA STROPNIK Participants will: Senior Vice-President and Director, Strategic Initiatives Identify and discuss key LGBTQ terms and vocabulary Managing Director, Scotiabank 2:00PM (focus on trans communities) Client Strategy and Execution to Identify and discuss examples of discrimination BMO Nesbitt Burns 2:50PM and harassment faced by Irons communities in the Trinity Ill workplace Demonstrate and share an empathetic understanding of the experiences of the Irons FRIDAY EVENING HONOURARY SPEAKER SATURDAY AFTERNOON RBC LUNCH SPEAKER communities and colleagues Propose ways to make the workplace safe and ANGELA SWAN ERIC TURNER Inclusive for trans colleagues Counsel Manager. Business Performance Aird Berlis RBC

Workshop 7: Oh The Places you Will Go: Picking A Career Trinity I That Opens Up Your Options 3:00PM SATURDAY EVENING GALA DINNER TD SPEAKER SATURDAY EVENING GALA DINNER KEYNOTE SPEAKER to Workshop 8: What Kind of Work does a Bay Street law Trinity II CAROL OSLER BOB RICHARDSON 3:50PM Firm do Anyway? Senior Vice-President Executive Vice-President, Pubfic Affairs TD Bank Group and Head Edelman Workshop 9: Work With Social Impact Trinity Ill of Financial Crimes and Fraud Management Group Case Competitions Final Round and the Enterprise Project -..J The final round of the case compelition where the top Management Office teams from the prefiminary round in the morning will Salon A. B 0'. 3:00PM present their business case to the judges. The winning team to will be recognized by our sponsor. 3:50PM Communtty Outreach Initiative Trinity I An interactive brainstorming session in small groups facifitated and/or GET INVOLVED by management consullanls from McKinsey & Company. Trinity II As a volunteer-led professional organization, Out On Bay Street is governed by a Board of Directors- consisting Call To The Bar: law Student Networking Session York A, B 5:30PM of volunteers from lnslilutions across Canada whom have been directly involved in the execution of Out On to Bay Street's initiatives in a previous year. All of the events and initiatives throughout the year are executed by 6:20PM Women's Panel: "How to Promote Yourself at Work" Trinity IV, V the Organizing Committee.

Networking & Winners of Competitions: The support from students. professionals and organizations across Canada ensures the success of all that we 6:30PM The objective of the Awards Ceremony is to formally. do. There are many ways to be Involved, such include: to recognize and share the Scholarship Award Recipients' Foyer 7:30PM achievements with their network. Out On Bay Street's Being an Out On Bay Street Ambassador at your respective educational organization student network and members of the LGBTQA community. Being a volunteer at an Out On Bay Street event

Keynole Speech & Gala Dinner Joining the Out On Bay Street team 7:30PM The evening & conference wUI close with a formal sit-down GrandA. B. to Partnering with Out On Bay Street as a Sponsor of an event. as a Community Partner. as a speaker. Gala Dinner for all in attendance and guests from our C, DCrush lO:ODPM presenter and/or panelist at a respective event sponsoring organizations. 1m For more information on each, check our website under outonbayst.org/student-outreachfgel-lnvofved/

4 PANELS PANELS

COMMUNITY PANEL WOMEN'S PANEL START-UP FEVER- WHERE TO FIND THEM AND WHY BREAKUP WITH YOUR JOB FOR ONE HOW TO PROMOTE YOURSELF AT WORK

Friday, September 12. 2014 Time: 7:00PM- 8:00PM Location: Grand A. B Saturday. September 13. 2014 TIME: 5:30PM-6:20PM LOCATION: Trinity IV. V

This community panel will lake a look a! the unique benefits and dynamics of working at a start-up that This panel will provide advice and insight info how LGBTQ and ally women in the workforce can set can set you up for a more successful career. Insights into how to position your skills and career goals to be themselves up tor success early in their careers. Insights on how to navigate your career in different ways. attractive to a start-up. and how to spot a healthy start-up to work lor. PANELISTS PANELISTS

Julie Wajcman Liz Mclachlan Lenore Macadam Karen Jones Mary Lou Maher Advancement Director Manager Principal GTA Audit Partner Tom Emrich 8 James Bolloms Jeffrey Howard Darlene Homoko Director. Mount Strategic Deloitte Capgemini KMPG We Are Wearables Unisync Group Projecl SPACES Mount Sinai, Sinai Hospital Alliances Technology Foundation TELUS Commerciatizalion

SPONSORED BY: Deloitte.. LAW PANEL OUT AND ABOUT: PRACTICING LAW AND BUILDING RELATIONSHIPS AS A LGBT LAYWER .. -....J Saturday. September 12,2014 TIME: 2:00PM-2:50PM LOCATION: Salon C/D -....,) This law panel will give highlight the importance of building relationships in a legal career beyond just client relationships but with colleagues and partners at your own firm. the local community and legal industry. Join us at this panel for a lively discussion of anecdotes and advice from practicing lawyers about how they go WORKSHOPS about relationship management. SESSION 1: SKILLS WORKSHOP PANELISTS STANDING OUT: DIFFERENTIATE YOURSELF TO SECURE AND INTERVIEW

WORKSHOP 1: WAYS TO POSITION YOUR APPLICATION FOR MAXIMUM ATTRACTION

Dale: Friday. September 12,2014 Time: 6:00PM- 6:50 PM Location: Trinity I

John Mountain Paul Lomlc Brad Berg Katherine Pollock Adam Keeping Do you have what it lakes to succeed in the Investment Banking recruiting process? Hear from our SVP Legal. ceo Partner Partner. Partner Associate experienced BMO Capital Markets team about how to best position yourself today to secure a highly and Corporate Lomlclaw Blake, Cassels & Fasken Martineau Jordan BaHista LLP coveted role as a Summer Intern or full-lime Analyst/ Associate. Secretary Graydon LLP NEllnvestmenls FACILITATORS Greg Jones, Associate. Global Metals & Mining, BMO Capital Markets Akin Fabunmt, Associate, Mergers & Acquisitions, BMO Capital Markets SPONSORED BY: ~~..e4-- TORYS ------LLP PRESENTED BY: BMO e· 6 7 WORKSHOP 2: lAW FIRM APPliCATION PROCESS, ADVICE FOR SUCCESS, AND WHAT TO DO AFTER OCI'S

Date: Friday. September 12.2014 Time: 6:00PM-6:50PM Location: Trtnity II Amazing career stories The workshop will introduce students to student life at Osier and will demyslify the law student recruitment process by providing students with helpful tips on preparing for the application and interview process. including tips on: begin at Scotiabank Cover letter and resume wrtting; What to expect at On-Campus Interviews (OCis); and

Surviving (and enjoying!) the in-firm interview week. ' ' I help people become financially better off. I have superb relationships with clients because We will also focus on issues relevant to LGBT applicants, including the issue of whether and how to expressly 1care for their needs. Scotiabank gave me the support to become a recognized accredited identify as LGBT in the application materials and durtng a face-to-face interview. Related to that issue, professional and the tools to make my clients financial dreams happen." we'll discuss how to strengthen your resume through LGBT-related involvement and how to leverage that -Samy expertence in an interview.

FACiliTATORS Elliot Smith, Associate. Osler Hundreds of inspiring, heartwarming and even heroic career stories take place Douglas Rienzo, Partner. Osler at Scotiabank every day. You can experience these now, by visiting www.scotiabank.comfcareers PRESENTED BY: OSLER.

~~=~ces2~ .§ Scotiabank t .,.,_1r-.tdiNCt<'N'!f\o(•mlwtro:111\11•. -...J WORKSHOP 3: POSTING ANOTHER SELFIE? HOW SOCIAL MEDIA HAS INFLUENCED FIRM RECRUITMENT ·~o:'IC'd .. _...... rlll ... b'.O.ot-·S

FACiliTATORS GET INVOLVED Michelle Deschenes, Talent Acquisition Associate Manager & Diversity Recruitment Lead, Accenture Kristin Knapp, Recruitment Marketing Lead, Accenture As a volunteer-led professional organization, Out On Bay Street is governed by a Board of Directors- consisting of volunteers from institutions across Canada whom have been directly Involved In the execution of Out On Gemma Trevan, Campus Recruiting Lead. Accenture Bay Street's initiatives in a previous year. All of !he events and initiatives throughout the year are executed by Jagvlr Brar, Analyst. Accenture the Organizing Committee.

PRESENTED BY: > The support from students. professionals and organizations across Canada ensures the success of all that we accenture do. There are many ways to be Involved, such include: lf~hpcrloonano:. Dcfwc:d. Being an Out On Bay Street Ambassador at your respective educational organization Being a volunteer at an Out On Bay Street event Joining the Out On Bay Street team Partnertng with Out On Bay Street as a Sponsor of an event. as a Community Partner. as a speaker, presenter and/or panelist at a respective event For more information on each, check our website under outonbayst.org/student-outreachfget-fnvofved/

8 WORKSHOPS WORKSHOP 6 BRAINS AND BRAWN: WHAT IT TAKES TO GET THROUGH A TYPICAL DAY Date: Saturday, September 13.2014 Time: 1:00PM-1:50PM SESSION 2: INTERACTIVE WORKSHOP Location: Trinity Ill CHALLENGES WE FACE AND THE PEOPLE TO HELP US SOLVE THEM A day in !he life of a consultant. WORKSHOP 4: THINKING BEYOND TRADITIONAL AND SOCIAL MEDIA TO CONNECT WITH THE LBGTQA COMMUNITY EY (Ernst & Young) will guide you through !he process, as a consultant. ol assessing !he unique challenges Dale: Salurday, September 13.2014 clients lace. and presenting solutions !hat meellheir needs. Time: 1:00PM-1:50PM Location: Trinity I Using the registered not-for-profit Kulanu as a case study. participants will have !he opportunily to interact in lhls fast-paced workshop, and present their solutions in teams lo Kulanu representatives. The media landscape in Canada is rapidly changing and companies are faced with the challenge of finding new and innovative ways to tell their stories. Social media has provided a platform to create new types of FACILITATORS influencer.; - like bloggers, Twitter trendsetters and YouTube sensations- that brands must build relationships Bradley Faragher, Consultant. Ernst & Young with. However. in the LGBTQA community. ditlerent types of influencers exist too- such as communily Robin Chen, Senior Associate. Ernst & Young leaders, organizations. activists, event promoters and drag queens- whose opinions are equally. if not more. respected. Justine Apple, Executive Director. Kulanu Toronto Tamara Levanonl, Executive Commiltee Treasurer, Kulanu Toronto In this interactive session. you' II work with TELUS to identify and prioritize influencers- online or otherwise -in Toronto's LGBTQA community and develop a communications strategy that extends beyond traditional and social media. The end result will be a unique approach to connecting wilh the community that combines PRESENTED BY: E.Y technology wilh building advocacy and support ala grassroots level.

FACILITATORS Ryan Bazeley, Social and Media Relations, TELUS • Gabe Mederos, Sr. Manager. TELUS SESSION 3: INDUSTRY WORKSHOP PRESENTED BY: £"TE LU s· -...J WORKING IT OUT: INDUSTRY INSIGHT .....0 WORKSHOP 7: OH THE PLACES YOU WILL GO: PICKING A CAREER THAT OPENS UP YOUR OPTIONS WORKSHOP 5: COMMUNITY AND PRO BONO WORK: OPPORTUNITIES FOR LEARNING AND DEVELOPMENT Date: Saturday, September 13.2014 Dale: Saturday. September 13, 2014 Time: 3:00PM-3:50PM Time: 6:00 PM-6:50PM Location: Trinity I Location: Trinity II FACILITATORS FACILITATORS Gerald Wu, Director. Talenl Management Douglas Judson, Director. Out On Bay Street Malt Petersen, Senior Director. Diversily Strategies & Workplace Inclusion • Frances Mahon, Associale, Sack Goldblatt MilcheiiLLP Paul Jonathan Sagull, Counsel. TD Bank Group PRESENTED BY: •

10 II WORKSHOPS CASE COMPETITION

WORKSHOP 8: WHAT KIND OF WORK DOES A BAY STREET LAW FIRM DO ANYWAY? Teams from across Canada are competing on in an Out On Bay Street developed business case in partnership with Alliance for South Asian AIDS Prevention (ASAAP). They have been given the opportunity Date: Saturday, September 13. 2014 to act as pro-bono consullants to the Alliance for South Asian AIDS Prevention, and have been tasked with Time: 3:00 PM- 3:50 PM creating a strategy of how to compete in the current industry as a niche player. Teams will provide a mulli­ location: Trinity II faceted point of view. drawing from numerous core areas of business. such as marketing. finance. and operations. The focus ot this presentation will be the day to day workings of a Bay Street law firm. We will also touch on the in-house experience. and how to choose a path at the outset of your career. The Case Competition. sponsored by HSBC. gives our delegates the opportunity to:

FACILITATORS Compete against the brightest students and professionals from across Canada Marianne Smith, Partner. Blakes Win a team cash prize of $1.000. presented by HSCB and Out On Bay Street Chris Mayer, Associate. Blakes Impress and connect with a judging panel of professionals from HSBC. Max Shapiro, Associate. Blakes AN INTRODUCTION TO THE CASE PRESENTED BY: ~~ ASAAP Problem Statement: Identifying and Securing New Sources of Funds

For 25 years the Alliance for South Asian AIDS Prevention (ASAAP) has been the only organization in the GTA with an exclusive mandate to provide South Asian populations with HIV and AIDS focused services. WORKSHOP 9: WORK WITH SOCIAL IMPACT -IBM In 1989 a group of South Asian queer activists fought for tailored HIV and AIDS services to meet the diverse Date: Saturday, September 13.2014 needs of South Asian populations. 25 years later. ASAAP has grown into an incorporated charitable Time: 3:00 PM-3:50PM organization running over 10 programs with 14 staff that support people living with HIV and AIDS; promote Location: Trinity II prevention initiatives; and cultivate volunteerism and youth leadership to reduce HIV stigma. In its 25th year. challenges and opportunities continue to arise as ASAAP works towards building its brand. Responsibility at IBM. aligns with our core values: throughout our company and around the world. IBM ~ As awareness surrounding the services and programs that ASAAP offers increases. so does demand. Thus believes that a company cullure based on core values not only helps our business. but a~o defines the role Q that we can and should play in society. the organization faces a significant challenge in managing the rising financial costs of its much needed initiatives .• Furthermore ASAAP relies heavily on grants and public sector support. which limits the financial We identity and act upon new opportunities to apply our technology and expertise to societal problems. flexibility of the organization. As such. they need Ia identity allernative sources of fund development such as fundraising from private. corporate and/or individual donors. They would also need to develop tailored We scale our existing programs and initiatives to achieve maximum benefit. strategies to effectively target each group. We empower our employees and others to serve their communities. We integrate corporate citizenship and social responsibility Into every aspect of our company. Along with developing fundraising strategies, ASAAP must identity the appropriate marketing channels to reach its targets. Channels used to target donor groups in the past include monthly giving campaigns. FACILITATORS website and in-person solicitations during public events. Marketing has been and continues to be a Breln Convrey, IBM Global Business Services Recruitment Leader challenge for the organization. ASAAP competes in the same not-for-profit sector with several larger and Connie Bonnello, IBM Global Business Services Financial Services Executive more established charities with significantly larger marketing budgets. Therefore identitying new and unique ways to reach its targeted donors is critical. Additionally. ASAAP must consider whether it is in its best Rukhsana Syed, IBM Sales & Distribution. Human Resources. Diversity and Compliance Leader interest to use a single and consistent brand message versus mulllple customized messages. each catered Helen Mitres, IBM Sales & Distribution Inside Sales Manager and WING Leader specifically to one of its targeted donor groups. Jayme Johnson, IBM Global Business Services Strategy and Analytics Senior Managing Consullant As demand increases for services and programs. the organization must also overcome a number of Samuel Bong, IBM Global Business Services Strategy and Analylics Consullant additional challenges. First. its reliance on grants disrupts its ability to exercise flexibility in financial allocation Jason Tse, IBM Global Business Services Application Architect for new initiatives and to support its direct financial assistance fund for people living with HIV 1AIDS. Second. ----- donor ignorance has impeded the organization's awareness campaigns. which rely on targeted messaging PRESENTED BY: ------that appeals to a particular audience. Finally. there are several larger AIDS-related organizations located In ------the GTA and surrounding area which makes the market highly competitive as each organization competes ---·-· for donations from a limited donor pool.

- PRESENTED BY- HSBC~ 12 13 MOOT COURT CASE COMPETITION COMMUNITY OUTREACH INITIATIVE

AN INTRODUCTION TO THE CASE The Community Outreach Initiative will be an interactive brainstorming session in small groups tacilitated by management consultants from McKinsey & Company. A Canadian charitable organization. Ten Oaks Project ASAAP Problem Statement: ldenlllylng and Securing New Sources of Funds (TOP). was pre-selected to present a real challenge or opportunity they are evaluating and will be seeking ideas. perspective and insights from the attending delegates. The purpose is to facifitate interaction between Out on Bay Street (OOBS) is proud to present the inaugural OOBS Moot Court Competition. In partnership with professionals and students as a means to create positive social impact. Den tons LLP. teams from across Canada will have the opportunity to take on the role of counsel as they go Join us in this workshop to work in teams to discuss and provide real solutions to the problem. Additional data head to head in a simulated court case. In order to be declared the winner. teams will use their advocacy and information will be provided to participants 1 week before the conference to review optionally on their skills in an allempt to convince the judge to rule in their favour. own time. By participating in this competition. teams will have the opportunity to: Problem Summary:

Gain valuable knowledge and experience that can be applied to their future career as lawyers. A challenge TOP has today is finding the right approach lo community development thai is specifically Win a team cash prize of $500. presented by Den tons LLP and Out On Bay Street tailored to Toronto's LGBTQ+ and allied communities but also fits within the values of social justice and brand Network with professionals from Dentons LLP of TOP. The sheer structural differences between the cities like population size. demographics and number of LGBTQ+ oriented organizations implies that a mere reproduction of the tactics and strategies used for community engagement in Ottawa will not work in Toronto.

On October 21. 2009. Mr. Gallardo. and Mr. Hincks, entered into a civil partnership under the United The organization is currently designing their new strategic plan slated to be unveiled in the new year. which Kingdom's Civil Partnership Act. AI that lime same-sex couples were not permilted to marry in the United will be the perfect platform to approach current. lapsed and new supporters. With this in mind. TOP is Kingdom. currently considering what steps it should take to future success in Toronto. which is where they turn to you. A short time alter entering into their civil partnership. the couple moved to Ontario. Unfortunately the partnership did not last, and a year later. they were separated. Mr. Gallardo, the appellant commenced an The Community Outreach Initiative wilt give you the opportunity to: application in the Superior Court seeking a divorce and other relief claiming they were of his right. citing the Divorce Act. Shortly after. Mr. Gallardo discontinued the application. Build your skills in critical thinking and presentation However. Mr. Hincks. the respondent brought an application in which he, too. sought relief under those Network with industry representatives G© statutes. When this occurred, Mr. Gallardo then took the position that the parties were not spouses under the Give bock to the LGBTQ community DA and the FLA. arguing that the respondent did not have the rights of a spouse under either statute. ---

The motion judge issued a declaratory order that the parties' civil partnership was a "marriage" as defined Description ot the Ten Oaks Project: by the Civil Marriage Act. S.C. 2005. c. 33 ("CMA "). and that the parties were "spouses" as defined by the DA and s. 1 of the FLA. The Ten Oaks Project (TOP) engages and connects children and youth from LGBTQ+ families and communities through programs and activities rooted in play. Striving to create safer spaces and grow positive Mr. Hincks then appealed, alleging multiple errors of fact and law by the motion judge. peer networks. TOP is a leader in meeting the needs of children and youth from LGBTQ+ communities through Given the facts. how should the appeals court rule in this matter? work inspired by camp and grounded in social justice. Founded in Ottawa. which is also where the office and much of the orgonlzatlonal history ond memory resides. There is a sizable and reliable community that has bought-in in Ottawa compared to other urban hubs like Toronto- despite the tact that the organization's board and programming manifests itself in both cities and the community is served across Ontario.

For more information on the Ten Oaks Project. please visit http://www.tenoaksproject.org

- PRESENTED IN PARTNERSHIP BY- -SPONSORED BY -

- PRESENTED BY - McKinsey&Company DENTONS tPROJECI 14 15 CAREER FAIR ANNUAL CONFERENCE PARTNERS

Out On Bay Street is proud to partner with the following companies in their annual career fair.

Date: Saturday. September 13.2014 Time: 10:00 AM-12:00 PM WJ Location: Crush. Salon C & D

CAREER FAIR MAP $i Scotiabank"

CRUSH SALON C lfllllll~ ~~ SALON D BMO e·Financial Group 10 11 12 13 9 I. 14 15. unmm;~ ~~ 8 16 ~·l~J-~ ... HSBCID

7 17 ~~ 6 18 accenture> ~ BMO •• Financial Group OSLER ;:C'TELUS H9fo~.Dt- o· ~~EY !~~ 5 19 ==- ·4 c:;, 20 McKinsey&Company f"'·..d 3 21 ~~ ·2 22 Deloitte. ~ 1 23 24 27 26 25 ~ ~§~ ~ 1 Accenture 13 McCarthy Tetraull 25 Capgemini A 'Cb lifi§ Investnrs mcmtllan NORTON ROSE FULilRIGHT l!lfJ:/ Group- 2 CIBC 14 Miller Thomson LLP 26 Telus CAS~~i;S .~PftC"- 3 Mckinsey IS Gowlings 27 EY IVhller 4 Deloitte 16 Stikeman Elliott LLP 28 The 519 P&G Thom~c;:'_r; ~PEPSI9.Q •Capgennni 5 P&G 17 Davies 29 ASAAP Ill CtiiSLI"noc;.HU~>o~ona,aouiU'4C 6 Investors Group 18 Cassels Brock & Blackwell LLP 30 Ten Oaks 7 KPMG 19 Norton Rose Fulbright 31 Scotia bank 8 IBM 20 McMillan 32 Den tons .-aT::Rji•ll~-- £TELUS 9 CANFAR 21 Torys LLP 33 TO 10 OGLCC 22 Osier. Hoskin & Harcourt LLP 34 RBC 11 PFLAG Toronlo 23 Blake. Cassels & Graydon LLP 35 HSBC ~ ~ 12 SOGIC 24 Pepsi 36 BMO /'. 0: ~ 16 • 17 OUT ON BAY STREET TEAM NOTES

PAULMARAI MICHAEL MIRPURI DOUGLAS JUDSON AlEX LESS JUSTIN LOPRESTI JUSTIN LOPRESTI oreelor&Chok O~tdor Director OlrKIQO' Oi'K.ICO' Olrtdor F'C>VlMaroll!.ou!Of'lboyllorg I..'Ocro.IJNpo.ri•outor>boy11og OOVQbs.JudiOf>flovl(ll'lboy\1 org A\eo.l.. llovlonbcr,'ll.org Mlin.lol'lestllroulonbayslorg Mtin.LoPtltllilloutonbayslorg

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Our diverse and inclusive culture is key to being the better bank. To learn more and for job opportunities visit td.com/diversity

20 85

Out On Bay Street 9th Annual Conference 2015 efining Yourself

Sheraton Centre Toronto Hotel September 18-19, 2015

Presented by 86

TABLE OF CONTENTS

Message from the Chairs Agenda 2 Venue Maps 4 Conference Partners 5 Speakers 6 Panels 7 Workshops 9 Competitions 12 Career Fair 14 Community Outreach 15 Out in Law 16 OOBS Team Members 17

~ . . Inclusion e~ stronger

We celebrate all the possibilities of you

www.scotiabank.com/proud Scotia bank® 87

WELCOME!

We are pleased to share with you the Out On Bay Street {OOBS) 2015 Annual Conference! Our conference brings together the best and brightest student minds and young professionals from across the country to connect with Canada's leading employers. These lesbian, gay, bisexual, transgender, queer, and ally {LGBTQA)-positive and progressive organizations span the entire Canadian landscape of business, law, technology, engineering, science, and much more.

Each year, we are encouraged and empowered to build upon the leadership efforts of Anthony those before us. This year is no different. Our theme for this year is Defining Yourself- this theme allows you, the delegate, to create and embrace the multiple facets of your own identity. Whether that is your profession, sexuality, gender, school, nationality- whatever it is that defines you for you, we encourage you to define yourself for yourself on your own terms. Let's embrace and celebrate the way we define our own identities and destinies, specifically as it relates to our own educational, professional, and personal growth. Defining Yourself

The Annual Conference has established a rich tradition to ensure our delegates are given the resources not only to excel professionally and personally but also to help raise the bar for what is possible as an LGBTQA thought-leader. During our conference, we will showcase the best in our professional community, impart valuable knowledge, and foster healthy relationship building through networking. We strongly encourage you to make yourself at home with our keynote speakers, panellists, presenters, and most importantly, other delegates. Share your knowledge. Expand your network. Support each other.

The success of the 2015 Annual Conference would not be possible without the unyielding commitment, dedication, and talent of our volunteers and supporters. We would like to express the utmost gratitude for your efforts. We are always looking for highly committed and skilled volunteers to join the team, so we welcome delegates to come to the OOBS info session workshop on Saturday Sept 19 to learn more!

We would also like to thank all our speakers, community partners, and generous sponsors for continuing to support our mission and vision. As an organization committed to your success as an LGBTQA professional, we hope that you will take advantage of the resources and opportunities available this weekend to soar to higher heights.

Enjoy the 2015 Out On Bay Street Annual Conference!

Claire Yick & Anthony Harbour Co-Chairs, 2015 Annual Conference Out On Bay Street 8u0 FRIDAY, SEPTEMBER 18

Time Event Location Sponsor

8:00 AM - 1:00 PM r.>- Moot Court Competition Dentons Office* Dentons

1:00 PM -10:30 PM Registration Mezzanine Foyer

2:00 PM - 3:00 PM !>[il;;> Community Panel! Careers with Chestnut West Community Impact: Exploring Social Enterprise and Not-for-Profits !>-~ Workshop 1 I Supporting Trans & Chestnut East The Canadian Gender Non-Conforming Friends Centre for Gender & Colleagues & Sexual Diversity

3:00 PM - 4:00 PM .,... Workshop 21 Taking Leadership in City Hall Room Pride at Work Defining Your Career Canada

4:00 PM - 5:00 PM .... Workshop 31 Network Like a Pro: Maple Schulich School Tweeting your Way to a Job of Business

.... Workshop 4llnterplay Between Linden Blakes Legal Practice Areas

5:00 PM - 6:00 PM .... Workshop 5 I Building Your Simcoe & Dufferin TD Professional Brand .... Workshop 61 Corporate Culture: Maple EY A Reflection of Your Own Values

6:00 PM - 7:00 PM !':> lll>-l> Women's Panel! Leading Inside and City Hall Room BMO Outside the Office ~II> I> Entrepreneurship Panel! Paving Your Chestnut OOBS Own Path ·-----· 7:00 PM - 8:00 PM ~lt> Women's Networking City Hall BMO Room & Foyer

~[;> Entrepreneurship Networking Chestnut

8:00 PM - 10:30 PM ll>~ Friday Cocktail and Start-up Fair Provincial Ballroom Scotiabank

l\> Social Event The Blake House

* Dentons is located at 77 King Street West.

Conference Areas of Interest:

~Workshops ~ Competitions

~Panels ~ Transinclusivity

t:>- Recruitment ~ Panel lists & Speakers 89 SATURDAY, SEPTEMBER 19

Time Event Location Sponsor

8:00 AM - 9:00 AM Registration Mezzanine Foyer ----- 8:00 AM - 10:00 AM ~ Case Competition Peel I> Case Competition Oxford HSBC

~ Case Competition Norfolk

10:00 AM - 12:00 PM r;r.. Career Fair Provincial Ballroom

12:00 PM - 1:30 PM !:?>~ Lunch Dominion Ballroom RBC

1:30 PM - 2:30 PM ~ Workshop 71 Leveraging BIG DATA Pine West IBM in Our Digital World ~ Workshop 8 I A Day in the Life Pine East CIBC

... Workshop 91 Giving Back as Linden Pro Bono Students a Working Professional Canada

2:30 PM - 4:00 PM ~ Community Outreach Initiative I Cedar McKinsey JusticeTrans & Company ~IJI- Workshop 10 I Fostering a Maple The 519 Trans-Inclusive Environment

4:00 PM - 5:30 PM IP!i> Case Competition - Final Round Chestnut HSBC I>~ Workshop 11 I OOBS Volunteer Willow West OOBS Info Session

4:00 PM - 5:00 PM** ~ Workshop 121 Ask Me Anything: Linden Aird & Berlis About Law Recruitment

5:00PM-6:00PM** fl>~ Law Panel I The Versatility of City Hall Room Bennett Jones a Law Degree

6:00 PM- 7:00 PM** I!> I> Call to the Bar Networking City Hall Room

5:30 PM - 6:30 PM ... Workshop 13 I Finding Your Fit: Maple Accenture Asking the Right Questions During the Job Search ..,... Workshop 14 I Multi-faceted Cedar Exact Media World of Marketing

6:30 PM - 7:30 PM ~ Pre-dinner networking Dominion Foyer

7:30 PM - 10:00 PM il>t> Keynote Speaker at the Dominion Foyer TD Grand Gala Dinner & Ballroom

11:00 PM !)- Social Event Byzantium

I I ** Some law-stream times lots run at times slightly off set from the remainder of the conference. 90

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DOMINION BALLR.OOM S. DOMINION BAI.J..ROQM N.

MEZZANINE

!liiRC'HWOOD· BALJ.ROOM M6Z1.ANtNat owtcr:: cno..~ MAPLE 'WEST & EA:S'f EJNDEN

LEGEND SOCIAL EVENTS

1 Dominion Ballroom 8 Norfolk 15 Maple East THE BLAKE HOUSE 449 Jarvis Street 2 Dominion Foyer 9 Oxford 16 Linden (416) 975-1867 3 City Hall Room 10 Willow West 17 Cedar BYZANTIUM 4 Provincial Ballroom 11 Chestnut West 18 Pine West 499 Church Street 12 Chestnut East 19 Pine East 5 Simcoe (416) 922-3859 6 Dufferin 13 Mezzanine Foyer 7 Peel 14 Maple West .. 91

THANK YOU TO OUR SPONSORS

LEAD SPONSOR OF THE 2015 ANNUAL CONFERENCE

DIAMOND SPONSOR PLATINUM SPONSORS RUBY SPONSORS § Scotiabank0 HSBCID . BM0 ~ I . .. 0 DENTONS

SILVER SPONSORS

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lrll Bennett ' OSLER donesLLP EY > ----.. -..• ... AIRD & BERUS LLP McKinsey&Company accenture ------__ Barristers and Solicitors High performance. Delivered. ------~-·-~ ......

BRONZE SPONSORS Meridian" -'~ /•sy!J!.£CJ,.f.t...... i3LG TORYS Deloitte .. mcmillan ~ OIDICATtD JO rou• SUC((.U Borden Ladner Gervais LLP

cb mccarthy FASKEN~ ~TELUS CASSELS BROCK tetrault IIJJManulife MARTINEAU \Y LAW YEllS

NORTON ROSE FULBRIGHT ~PEPSICO i Canada P&G ~

CAREER FAIR LEVEL SPONSORS ATI(earney •Capgemini STIKEMAN ELLIOTT (@)JL[ Bell fON\UllltU~.. lrtHHOIOGY OUI\OURCIH( El STIKEMAN ELLIOTT LLP

EXCLUSIVE VENUE SPONSOR EXCLUSIVE EXCLUSIVE MEDIA PARTNER GRAPHIC DESIGN PARTNER colouRpHILl INMAGAZINE 92

KEYNOTE AND NETWORKING SPEAKERS

WOMEN'S NETWORKING SPEAKER LUNCH KEYNOTE SPEAKER Tara Conway Dave Wilkin VP of Commercial Banking Founder, Redwood Strategic & Director for BMO Pride in and Ten Thousand Coffees South Western Ontario, BMO Date: Saturday, September 19 Date: Friday, September 18 Time: 12:00 PM - 1:30 PM Time: 7:00 PM - 8:00 PM Location: Dominion Ballroom Location: City Hall Room Presented by: RBC Presented by: BMO

CASE COMPETITION SPEAKER FRIDAY COCKTAIL SPEAKER Kim Flood Marianne Hasold-Schilter Senior Vice President & Executive Vice President & Head of Communications, HSBC Chief Administrative Officer, Date: Saturday, September 19 International Banking, Scotiabank Time: 4:00 PM - 5:30 PM Location: Chestnut Date: Friday, September 18 Presented by: HSBC Time: 8:00 PM - 10:30 PM Location: Provincial Ballroom Presented by: Scotiabank CALL TO THE BAR NETWORKING SPEAKER Soloman Lam FRIDAY KEYNOTE SPEAKER Associate, Dentons Brenda Andress Date: Saturday, September 19 Co-founder and Commissioner, Time: 12:00 PM - 1:30 PM Location: City Hall Room Canadian Women's Hockey League

Date: Friday, September 18 Time: 8:00 PM - 10:30 PM GRAND GALA SPEAKER Location: Provincial Ballroom Ron Puccini Presented by: Scotiabank Senior Manager Diversity and Inclusion, TD Bank Group

LUNCH SPEAKER Date: Saturday, September 19 Time: 7:30 PM - 10:00 PM Michelle Duke Location: Dominion Ballroom Vice President. & Foyer Private Banking, RBC Presented by: TD Date: Saturday, September 19 Time: 12:00 PM -1:30 PM GRAND GALA KEYNOTE SPEAKER Location: Dominion Ballroom Presented by: RBC Marnie McBean Rower, Triple Olympic Gold Medalist

Date: Saturday, September 19 Time: 7:30 PM -10:00 PM Location: Dominion Ballroom & Foyer Presented by: TD ... ~3

PANELS AND PANELLISTS

COMMUNITY PANEL THE PANELLISTS MODERATOR Careers with Community Impact: Exploring Social Enterprise & Not-for-Profits

Date: Friday, September 18, 2015

Time: 2:00 PM - 3:00 PM Kristina Flynn Diana Khong Mathieu Chantelois Location: Chestnut West Senior Consultant, Marketing and Executive Director, Sport & Recreation, Community Manager, Pride Toronto As students and young professionals in career­ The 519 Inside Out focused disciplines, imagining ourselves in roles LGBT Film Festival not actively marketed can be difficult. However, much of our knowledge, skills, and experience can be leveraged to create value in not-for-profit organizations. This panel features members of OOBS' Affiliate Partners who have transitioned from the private sector to launch their careers with LGBTQ organizations creating social change. Philip Pettigrew Chris Studer Manager, Executive Director Employment Services, and Founder, AIDS Committee Get Real of Toronto

WOMEN'S PANEL THE PANELLISTS MODERATOR Leading Inside and Outside the Office

Date: Friday, September 18, 2015 Time: 6:00 PM - 7:00 PM Location: City Hall Room OmoAkintan Lenore MacAdam Pia Schmidt-Hansen Young women face unique challenges in the Counsel. National Chair, Manager, workplace when creating and developing their City of Toronto Deloitte's Fraud Strategy. LGBTQGroup BMO Financial Group professional identity. This panel brings together women who developed their own leadership styles to succeed both inside and outside of the workplace. Let these women inspire you and start a conversation about finding your own voice.

SPONSOR: Kim Messer Kelly Parascandalo North America Busi­ Vice President. ness Development Field Services Executive, IBM Shared Services, Bell Canada 94

PANELS AND PANELLISTS continued

ENTREPRENEURSHIP THE PANELLISTS MODERATOR PANEL Paving Your Own Path

Date: Friday, September 18, 2015 Time: 6:00 PM- 7:00 PM Location: Chestnut Maureen Erokwu Steve Long jeffrey Howard Each entrepreneur has a story: while some Founder & CEO, Co-Founder, Co-Founder, people have known from day one they wanted MapMersion Chowdy Project: SPACES to start a company, others were motivated by a need in the market. Whether you are looking to join the start-up game right out of school, or you are hoping to make the jump from a corporate job, these entrepreneurs will share indispensable lessons they learned along the way. Jamie Shea Scott Stirrett Co-Founder, CEO & Founder, SPONSOR: Out On Chef's Plate Venture for Canada Bay Street

LAW PANEL THE PANELLISTS MODERATOR The Versatility of a Law Degree

Date: Saturday, September 19, 2015 Time: 5:00 PM - 6:00 PM Location: City Hall Room Ryan Edmonds Simona jellinek Paul jonathan Saguil This law panel will provide exposure to a Principal Lawyer, Partner, Counsel, few of the very unique and interesting paths Ryan Edmonds Jellinek Law Office Legal Department, Workplace Counsel TD Bank Group that a legal career can take you on beyond the traditional firm. Join us at this panel for insight from prominent practitioners that have taken their careers on paths you may have not yet considered. Learn how they forged their career path and the many different routes your law degree can take you. Catherine Meade Patrie Senson Director, Governance Associate, sPoNsoR: lid Bennett & Relationship Phillips Gill LLP JonesLLP Management. Ontario Lottery & Gaming Corporation {OLG} 95 WORKSHOPS

FRIDAY, SEPTEMBER 18 WORKSHOP 3

WORKSHOP 1 Network Like a Pro: Supporting Trans & Gender Tweeting your Way to a job Non-Conforming Friends Date: Friday, September 18 Time: 4:00 PM - 5:00 PM Location: Maple & Colleagues This workshop will discuss how to manage and leverage Date: Friday, September 18 Time: 2:00 PM- 3:00 PM your social media presence to reach out to your dream Location: Chestnut East firm. From creating relevant online profiles to getting This workshop will highlight the history and experiences your ideas in front of recruiters, this session will help of Trans & Gender Non-Conforming persons in Canada/ you maximize your job-hunting efforts. US. Effective skills and tools will be presented to help Presented by: you create a more trans-supportive work environment. You will learn practical ways to make spaces more welcoming to trans & gender non-conforming folk, ideas for events and initiatives, and become a more WORKSHOP4 informed supporter. Interplay between Legal Presented by: Practice Areas Date: Friday, September 18 Time: 4:00 PM - 5:00 PM Location: Linden WORKSHOP 2 You know that Bay street firms practice corporate law, Taking Leadership in Defining but beyond that what do we actually do? This work­ Your Career shop will discuss the type of work lawyers do at a Bay Street full service law firm, and what it's like to actu­ Date: Friday, September 18 Time: 3:00 PM - 4:00 PM ally work at one. We will also touch on our pro bono Location: City Hall Room initiatives and our employee resource groups with a Matt Petersen will cover conference survival basics particular focus on our Pride@Blakes group. and share his experiences working for diversity and Presented by' ~ inclusion causes around Toronto. From navigating networking sessions to forging friendships and mentorships, Matt will ensure that delegates have WORKSHOP 5 the skills and know-how needed to maximize their weekend. Building Your Professional Brand

Presented by: ..:}'''~ PRIDE AT Date: Friday, September 18 Time: 5:00 PM - 6:00 PM Location: Simcoe & Dufferin .~,~~·~ ~~~0~ What do you want your colleagues to think of when they hear your name? Just like company slogans, your name and work precede you. This workshop will dis­ cuss the importance of building a professional brand that communicates your values and your skill set.

Presented by: 96

WORKSHOPS continued

WORKSHOP 6 Corporate Culture: A Reflection of Your Own Values Date: Friday, September 18 Time: 5:00 PM - 6:00 PM Location: Maple WORKSHOP 9 Some companies have impact days, where employees Giving Back as a Working volunteer in the community for a day. Other firms Professional let employees lead charity initiatives, or help source Date: Saturday, September 19 Time: 1:30 PM - 2:30 PM ethical raw materials. This workshop will help you define Location: Linden your personal values and strategies on how to find a company whose mission aligns with yours. Here you will find stories of legal professionals that have found significant personal and professional Presented by: <•" · 1.~;1 development through community involvement and pro bono work that has helped build their careers as E.Y successful lawyers. Learn more about working in the public interest and the value of incorporating pro SATURDAY, SEPTEMBER 19 bono work into your practice to help facilitate access to justice. WORKSHOP 7 pro bono Presented by: students canada Leveraging BIG DATA in r68eau national d'otudlanl(c)s Our Digital World pro bono Date: Saturday, September 19 Time: 1:30 PM- 2:30 PM WORKSHOP10 Location: Pine West Fostering a Trans-Inclusive This workshop will discuss the growing importance of analytics within every industry, and the new skills you Environment should highlight when applying to employers that are Date: Saturday, September 19 Time: 2:30 PM - 4:00 PM making data a priority for their business. Location: Maple Presented by: -:--:-:.-::. = Individuals who identify as trans often experience ------barriers to accessing necessary services due to discrimi­ ------·-~ nation or harassment based on their gender identity and gender expression. This practical session and the accom­ WORKSHOP 8 panying toolkit will explore the experiences A Day in the Life and challenges faced by trans people and will support Date: Saturday, September 19 Time: 1:30 PM - 2:30 PM you to develop approaches to fostering a trans inclusive Location: Pine East environment. Participants will also learn small and Nothing impresses recruiters more than a candidate larger steps they can take personally and within their who knows what the job is like. This workshop will organizations to create more inclusive spaces and let delegates "walk a mile" in the shoes of two young services for trans individuals. professionals, covering the 8 AM coffees, the late night Presented by: meetings, and everything in between. SPACE FOR CHANGE Presented by: [IIlii ~ 07 1 I

WORKSHOP 11 WORKSHOP13 OOBS Volunteer Info Session Finding Your Fit: Asking the Right Date: Saturday, September 19 Time: 4:00 PM - 5:30 PM Questions During the job Search Location: Willow West Date: Saturday, September 19 Time: 5:30 PM - 6:30 PM Skills-based volunteering provides you with the Location: Maple opportunity to give back to the community and also One of the top reasons people become disengaged at develop yourself professionally. Maybe you want to work and ultimately leave is due to cultural fit at the build your leadership skills or test out skills you do not office. Avoid feeling "trapped" in workplace that you normally get an opportunity to use. Come to the info don't feel good in by integrating these recruitment session to learn more about how we select our team at strategies into your schedule when job hunting. Its not Out on Bay Street! For more information on different about joining a firm because it's the target firm of all roles within our organization, check our website: your friends, but being selective in finding the right fit outonbayst.org/student-outreach/get-involved/ for you. > Presented by: Out On Presented by: accenture L;\l Bay Street High performance. Delivered.

WORKSHOP 12 WORKSHOP 14 Ask Me Anything: Multi-dimensional World About Law Recruitment of Marketing Date: Saturday, September 19 Time: 4:00 PM - 5:00 PM Date: Saturday, September 19 Time: 5:30 PM - 6:30 PM Location: Linden Location: Cedar This workshop will demystify legal recruitment from Many roles fall under marketing, you could be a social an LGBTQ student perspective. Recent vintages of media expert that is managing the company's SEO young legal professionals will provide practical and projects or you could be working in a team of to is actionable guidance to law students. The session will pitch a new product to the C-Suite. This workshop will cover on-campus interviews, articling recruitment, and explore the diverse work that marketers do across making the transition from articles to associate. Profes­ different projects, and give you an idea of what you sionals will provide tips. tools, and targeted guidance want to do. for students as they move from backpack to briefcase. Presented by: exact Presented by: AIRD & BERLIS LLP MEDIA Borrlsters and Solicitors 98 CASE COMPETITION

BACKGROUND Each year OOBS partners with an LGBT-focused organization to develop a business competition for students attending the annual conference. The case is based upon an issue or opportunity facing the partner organization, and is multi-disciplinary in nature. The competition is meant to provide an opportunity for students to develop their business skills in a live setting, while positively impacting organizations that support the commu­ nity. In the past OOBS has partnered with organizations like the Canadian Lesbian & Gay Archives, Glad Day, and Pride Toronto to deliver challenging and rewarding programming to the competition.

The case competition, sponsored by HSBC, gives our delegates the opportunity to: • Compete against students from across Canada

• Win a team cash prize of $1,000, presented by HSBC and Out On Bay Street • Impress and connect with a judging panel of professionals from HSBC and Inside Out

CASE SUMMARY The focus of this year's case is INSIDE OUT, a not-for-profit registered charity that exists to: "challenge attitudes and change lives through the promotion, production and exhibition of film and video made by and about Lesbian, Gay, Bisexual and Trans (LGBT) people of all ages, races and abilities:'

For more than two decades, Inside Out has brought Toronto's LGBT community together in celebration of the best queer film from Canada and around the world. Through their annual Festivals in Toronto and Ottawa, their filmmaker initiatives, youth engagement and their year-round events and screenings, Inside Out is engaged every day in challenging attitudes and changing lives. The hard work, dedication and generosity of Inside Out's network of volunteers, members and donors over the last 25 years have been the foundation of the organization's success. Inside Out now presents the largest LGBT film festival in Canada and one of the top five in the world.

But as the organization celebrates 25 years of past history with the 2015 edition of the Toronto LGBT Film Festival, management and the Board of Directors have their sights set on the future. They have developed a Strategic Plan designed to provide a road map to enhance the organization's capacity to "do more and be more." This Strategic Plan has focused Inside Out's vision into four key priority areas: • Artistic Quality and Program Delivery- to maximize the impact and innovation in programming and program delivery to attract audiences, filmmakers, media, and industry professionals. • Audience Development and Engagement- through effective communication and increased visibility in order to better engage and cultivate their diverse audience. • Organizational Capacity Building -through nurturing innovation, improving internal systems and supporting a work place culture of collaboration in order to support current operations and future growth. • Revenue Generation- through building a culture of philanthropy and securing new sources of funding in order to create a robust and sustainable base to support current operations and future growth.

The challenge for students competing in this year's case will be to analyze these key priority areas, in conjunction with other opportunities facing the organization, in order to develop a strategy for Inside Out to meet their goals and continue their success well into the future.

Presented by: HSBC ID 99 MOOT COURT CASE COMPETITION

BACKGROUND OOBS is proud to present its annual Moot Court Competition. In partnership with Dentons Canada LLP, six teams from across the province will have the opportunity to take on the role of counsel as they go head to head in a simulated court case. The Moot Court Competition allows OOBS's law student members to further engage with their peers from various universities and corporate sponsors while improving their oral advocacy skills. What is unique about the OOBS Moot Court Competition is its focus on cases affecting the LG­ BTQA community. This year's case is fictional court decision is based loosely on a real legal controversy that arose · out of a same-sex divorce proceeding in January 2012.

By participating in the Moot Court competition, teams will have the opportunity to: • Gain valuable knowledge and experience that can be applied to their future career as lawyers. • Win a team cash prize of $1000, presented by Dentons Canada LLP and OOBS • Network with professionals from Dentons Canada LLP

CASE SUMMARY The Joint Applicants, Johanna Barker and Angela Lovett, are an Australian same-sex couple who travelled to Toronto in December 2005 to obtain a marriage certificate, but who otherwise reside in Australia. They have been separated since 2013, and came to the Ontario Superior Court of Justice to apply for a divorce under Canadian law.

The Ontario Superior Court of Justice denied their application on the grounds that the court did not have jurisdiction to grant them a divorce. Specifically, the Joint Applicants were not legally married under Canadian law, nor did the Joint Applicants have satisfy the one-year residency requirement under section 3(1) of the Divorce Act.

To narrow the scope of this appeal, the Moot Court of Appeal asks that the parties focus their submissions only on the s. 15 equality issues raised in this case. The Court has therefore certified the following two questions for the parties to address in their written and oral arguments: 1. Does the law of domicile (the application of which would render the Joint Appellants' Canadian marriage certificate legally invalid in Canada, because their domicile of Australia does not permit same-sex marriage) of­ fend section 15(1) of the Charter, such that the Joint Appellants' marriage should be legally recognized in Canada? 2. Assuming the Joint Appellants' marriage is legally valid in Canada, is the one-year residency requirement for divorce, as provided by section 3(1) of the Divorce Act, discriminatory and contrary to section 15(1) of the Charter? Presented by: DENTONS 100

CAREER FAIR- SATURDAY, SEPTEMBER 19 AT 10:00 AM rv1 rvl 83 ES ~ ffi ffi ffi ffi ffi [8 83 g;J ~. , .~ ~ ·~ EB· [] ffi ill f8 - - - EB ~ tB E8 ga w gg lli lli ffi []

Iii Premium Booths -sponsors of Ruby level or higher • Pillar eJ LJJ.

1 Accenture 11 Torys 2 CIBC 12 Norton Rose 21 Starwood 29 Cassels Brock 3 IBM 13 Stikeman Elliot 22 ATK 30 BLG 4 Bell 14 McMillan 23 EY 31 Fasken Martineau 5 Manulife 15 Aird & Berlis 24 BCG 32 TD 6 P&G 16 Bennett Jones 25 Deloitte 33 Scotiabank 7 Telus 17 Blakes 26 Symcor 34 Dentons 8 McKinsey & Company 18 Osler 27 Meridian 35 RBC 9 KPMG 19 JLL Credit Union 36 BMO 10 McCarthy 20 Capgemini 28 PepsiCo 37 HSBC ;n 11 l!vtn COMMUNITY OUTREACH INITIATIVE: Justice Trans

BACKGROUND The Community Outreach Initiative will be an interactive brainstorming session in small groups, facilitated by management consultants from McKinsey & Company. A Canadian non-profit organization, Justice­ Trans, was pre-selected to present a real challenge they are currently evaluating. They will be seeking ideas, in­ sights, and solutions from the attending delegates. The purpose of this session is to facilitate interaction between professionals and students as a means to create positive social impact.

Join us and collaborate with other delegates and provide real solutions to real problems. Additional case informa­ tion will be provided to delegates one week before the conference to review optionally on their own time.

PROBLEM SUMMARY Justice Trans' primary challenge is to develop an aggressive but achievable expansion strategy to increase JusticeTrans' presence and impact within the LGBTQ community. Justice Trans can choose to expand the products and services that it currently offers to Canadians: the full version of the app is being released in Autumn 2015, and Vandorpe is considering expanding the capabilities of the app to include more services. There are also options for JusticeTrans to expand beyond the app, such as through in-person services. Although Vandorpe has handled the development of the app thus far, he recognizes that he will also need to recruit employees with expertise in app development and creation, and legal research. Delegates should also consider how deeply Justice Trans should penetrate the Canadian market before pursuing international expansion. Such an expansion would necessitate volunteers and employees with knowledge of international law, identification of and application to funding initiatives, a consideration of whether to incorporate, whether to be a charitable organi­ zation, and how to market the app effectively. Through this brainstorming session led by McKinsey consultants, delegates will push themselves and each other to come up with innovative solutions to JusticeTrans' challenges.

The Community Outreach Initiative will give you the opportunity to: • Build your skills in critical thinking and presentation • Prepare for case-based job interviews • Network with industry representatives and other delegates • Give back to the LGBTQ community

DESCRiPTION Of jUST&CHAANS Justice Trans is a non-profit organization, founded in 2015 by Benjamin Van­ dorpe. Justice Trans' mission is to alleviate access to justice for the transgender community by providing free legal information about transgender rights across Canada. This information is provided via a mobile phone application, as well as a website, to ensure the widest possible audience can access these resources.

Presented by: McKinsey&Company ·tt: "i) Ht,L,tL m Out On Bay Street is proud to partner with OUTlaws to stand up for LGBTQ students.

We're intervening in the legal matter of Trinity Western University v. Law Society of Upper Canada to protect equal access to the legal profession for LGBTQ students. The fight is far from over.

OUR PARTICIPATION IN THIS LEGAL MATTER Please contribute to our campaign on JusticeFundr.ca HAS BEEN MADE POSSIBLE THROUGH so that we can participate in this dispute at the GENEROUS FINANCIAL CONTRIBUTIONS Ontario Court of Appeal. FROM MEMBERS OF THE COMMUNITY.

Our special thanks to our donors: LEARN MORE AT

Ryan Edmonds David Culleton www.outonbayst.org/twu Avnish Nanda Kevin Hong Mary Jane Mossman Tariq Ahmed Alwin Kong Daniel Snyder Brook Greenberg Martin Hui Out On Vincent M. de Grandpre Japneet Kaur Bay Street Mathieu Bouchard Douglas Judson Frank Durnford

Colourphill is a creative+ technology boutique firm with big agency capabilities. We transform ideas into strategies, and strategies into elegant visual and technical

HR solutions. PRINT DIGITAL WEB MOBILE

colOURPHILL PROUD SPONSOR OF OUT ON BAY STREET u\0.5 BOARD OF DIRECTORS

justin LoPresti Paul Marai Michael Mirpuri Alex Lee Douglas judson Daniel Faranda Michelle Cherny Director & Chair Director Director Director Director Director Director

EXECUTIVE OFFICERS

japneet Kaur Albert Lam Elias Chaccour Michael Cormack President Executive VP Corporate Corporate Secretary Treasurer

ORGANIZING COMMITTEES AND MANAGEMENT

Claire Yick Anthony Harbour Samuel Latham Colan Wang Leonardo Oliviera Philip Gaz:aleh Martina Montero Co-Chair, Annual Co-Chair, Annual Associate, Associate, Content Associate, Opera­ Chair, Awards Associate, Awards Conference Conference Competitions Development tions & Logistics

Mathew Duffy julian Liao Zohra Abdul Ben Peel Tanner Tallon Clair Kim Kevin Feng Associate, Chair. Events Raz:aq Chair, National Associate, National Associate, National VP, Marketing Scholarships Associate, Events Capital Region Capital Region Capital Region

jonathan Pavan JP Del Carmen Nathan Chong Phil Ryan Marshal Peacock Steven Lewis Stefan Palios Manager, Manager, Manager, Manager, VP, Strategic Manager, Manager, Graphic Design Marketing Social Media Graphic Design Relations Law Relations Business

Sam Naylor Ron Suprun Ariel Hoffman Sophie Giguere Tony VincentHo Karen So Manager, VP, Student Manager, Manager, Law Giannopoulos VP. Community VP, Website Technology Outreach Undergrad Manager, Grad Outreach Proud to sponsor the TD. Forever Proud.

Out On Bay Street Our support of Canada's LGBT Annual Conference. community is celebrated every day. It's our differences that make us better together.

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#ForeverProud

®The TD logo and other trode·morks ore the property of The Toronto-Dominion Bank. M0531 0 (0615) ~~ OutOn ~rJ Bay Street Lead Sponsor Starting Out lOth Annual Conference 2016

Rotman School of Management & Chelsea Hotel September 16th-17th, 2016 .. 106 What's inside

TABLE Of CONTENTS Message from the Chair 1 Agenda 2 Venue Maps 4 Conference Partners 5 Speakers 6 About the Keynote Speakers 8 Sessions 9 Competitions 14 Community Outreach 16 Career Fair 17 OOBS Team Members 19

Inclusion s us stronger

We celebrate all the possibilities of you

www.scotiabank.com/proud § Scotiabank® 107 1 Message from the Chair

CELEBRATING A MilESTONE FROM WHERE IT STARTED

We are excited to welcome you to Out On Bay Street's lOth Annual Conference, where we bring together the best and the brightest student minds and young professionals across the country to connect with Canada's leading employers. These LGBTQA+ inclusive firms have a wide range of industry exposure namely business, law, technology, engineering and more. Since the beginning, the Annual Conference has brought together some of the most successful LGBTQA+ leaders from top Canadian and global organizations to share their stories and inspire and facilitate growth to where you aspire to be.

We have come very far this year since the organization was first founded, and strive to build on the strong leadership efforts of those before us to improve the experience we share with you. Our theme this year is Starting Out - focuses on you, the delegate, to look back at the start of where it began, as you move towards the next chapter of your professional and person pathway. It's about reflecting and taking action. Celebrating the journey that you started and where you aspire to be. STARTING OUT

Out On Bay Street has promoted a tradition of fostering professional growth through providing our delegates the right resources to excel professionally and personally through programming and network development. The Annual Conference is the opportunity for us to inspire you by featuring the best in our professional community to share their stories and impart knowledge. We encourage you to take this opportunity to expand your professional and peer network and support each other.

The success of the 2016 Annual Conference would not be possible without the strong efforts, commitment and dedication of our talented pool of volunteers and supporters. We would like extend a big thank you for all your support and hard work. As we continue to grow nationally, we are always looking for skilled and committed volunteers to join the team.

We would also like to thank all our speakers, community partners, and generous sponsors for continuing to support our mission and vision. As an organization committed to your success as an LGBTQA+ professional, we hope that you will take advantage of the resources and opportunities available this weekend to soar to higher heights.

Zohra Razaq Chair, 2016 Annual Conference Out On Bay Street

#StartingOut Download the official Whova app to the Out On Bay Street's 1Oth Annual On Mobile? Conference to access event materials and interact with other participants.

See Page 16 for details. 108 Agenda

fRIDAY, SEPTEMBrER 18

Registration at Rotman School of Management is available from 8:00AM to 8:00 PM

All sessions after the Moot Court Competition on Friday are located at Rotman School of Management.

Time

8:00am- 1:00pm Moot Court Competition (Participants Only) Dentons (Dentons Office)

2:10pm- 4:00pm r= Trans Inclusivity Training ~ The 519 (CC Lounge- Room 287) '-··="-~-~~-----·~~-~-~--=------....di

4:10pm - 5:10pm The Real Deal ABout Biglaw The World of Tel us Blakes (CIBC - Room 392) Where Start-Up Meets Big Business Telus (LLC, L1020)

~ .c-.:o:.=.===~-==·-=====~==~~==;;1r-====· 5:20pm -6:20pm f. Development Planning to Interactive Dialogue: Why Mentors ~ Support Career Goals Matter, How to Find One and How to . CIBC (LLC, L1010) Keep One EY (CC Lounge - Room 287) tb-.~-·~--~-~--~~--~-~--~----~-----~-----~~~--"

5:30pm- 7:30pm Case Competition - Preliminary Round (Participants Only) HSBC (L1010, L1020, Classroom 157, Classroom 133)

6:30pm -7:30pm r~~~~-- Workpla;-Gende7Equ;lity and Includsion ~ 1 BMO (Atrium) '-----~,=--~-~-~-~-~~ ~~--~~--~~~

7:30pm- 8:00pm Networking Reception [ __ BMO (Atrium)

8:30pm - !O:OOpm Keynote with Jacob Tobia Cocktail Reception Scotiabank (Desaultels Hall) 109 3 SATURDAY, SEPTEMBER 19

Registration at Rotman School of Management is available from 8:00AM to 5:00PM.

Once you have registered once, you do not have to register again!

Time

r~=~~=·=~= ' 10:00am- 12:00pm ~ Ca;e~e:~ Fair = ~ (Atnum) .. L=···-----~~~- ~~""~ ~ :

12:10pm- 1:30pm Keynote with Corrine Sandier Employer Networking Lunch RBC (Desaultels Hall)

1:30pm- 3:00pm r- ~Rotman Design Thinking Worshop Community Outreach Initiative I Rotman (CC Lounge - Room 287) · McKinsey & Company (CIBC - Room [~~-~~--~- -~~-~-~t 392) 3:15pm- 4:15pm Intersections Across b.. h~-~-o~w~e;·of·-~~ory·-;~-ling ' The Internet of Things: Legal Practices . During your Job Search Where Are We Headed? Arid & Berlis ( CC Lounge) A:_:_:~.t=u~r=e=(=L=LC~-=L=10=2=0=)=lt:..--IB_M_(_L_LC=-_L_l_03_0=)..,._,,J

4:30pm- 5:30pm Make the Move: ~ Case Competition - Final Coding Workshop Backpack to Briefcase ~ Rounds (6pm End) . (6:30 End, Finance Lab) Osler (LLC - L1020) ~ HSBC (Desaultels Hall) ! Lighthouse Labs

5:30pm -6:30pm

6:30pm -7:30pm Pre-Gala Cocktail Reception and Winners Announcement Eaton Chelsea, Toronto TO (Church Hill Ballroom) Complimentary Shuttle from Rotman to be provided at 6:30pm

7:30pm - 10:00pm Keynote and Grand Gala Dinner Eaton Chelsea, Toronto TO (Church Hill Ballroom)

10:00pm- 1:00am Conference Map

ROTTMAN SCHOOl OF MANAGEMENT

Events Rottman School of Management Eaton Chelsea Hotel

105 St George St, Toronto, 33 Gerrard Street West ON M5S 3E6 Toronto, ON M5G 1Z4

( 416) 978-5703 (416) 595-1975

Ground Floor Lower Floor

Second Floor Third Floor

Interview Rooms 1~ ~ 5 Conference Partners THANK YOU T OUR SPONSORS Lead Sponsor of the 2016 Annual Conference

Diamond Sponsor Platinum Sponsors Gold Sponsors

§ Scotiabank® DENTONS HSBCID

Silver Sponsors ------OSLER EY ------·-e------> AIRD & BERLIS LLP McKinsey&Company accenture Barristers and Solicitors High performance. Delivered.

Bronze Sponsors

cb Meridian~ lit.l Bennett ~ CASSELS BROCK ~ donesLLP pwc ~~2t] LAWYEIIS

TORYS STIKEMAN ELLIOTT aLG mcmillan LLP ----- rinManulife Borden Ladner Gervais STIKEMAH Et.UOTT LLP P&G ~ Deloitte..

Copper Sponsors

AT/Cearney BCG Bell ~~~~~~ 0 GOWLING WLG 1\ltBosro.'t' CoNSULTING GttOUP

Exclusive In-Kind Sponsor Venue Sponsor

~1 Roonan School of Management ~UNIVERSITY OF TORONTO LIGHTHOUS~~LABS TORONTO 1l 2 Keynote Speakers & Panelists

FRIDAY COCKTAIL

Friday Cocktail Keynote: Friday Cocktail Speaker:

Jacob Tobia Perry Orestes Genderqueer advocate, writer, speaker and Senior VP of Internal Audit Scotiabank artist

Check out the OOBS Annual Conference Geotag on Snapchat 7

SATURDAY lUNCH

Saturday Lunch Keynote Saturday Lunch Speaker

Corrine Sandler John McNain CEO of Validatelt VP of Acquisition Strategy for Home Equity Financing RBC

GRAND GALA

Grand Gala Keynote Grand Gala Speaker Heather Conway Kevin Greene EVP English Service at CBC/Radio Canada VP - Strategy, Planning and Innovation TD 1l4 Keynote Speakers

AB UT

Jacob Tobia - Friday Cocktail Keynote

(who uses the gender-neutral pronoun "they" in place of "he" or "she") is the host of NBC OUT's Queer 2.0 and a leading voice for genderqueer, nonbinary, and gender nonconforming people. As a writer, speaker, and performer, Jacob helps others embrace the full complexity of gender and find power in living their truth-even when that truth doesn't fit comfortably within masculinity or femininity.

Corrine Sandler- Saturday Lunch Keynote

Serial entrepreneur, thought leader & passionate sh*t disturber; at least, that's how my colleagues describe me. I've worked the gamut of clients (Disney, Nestle, Google & ebay to name just a few) and although my skill set is vast, I'm best known for my unparalleled consumer understanding and insight development. I've notched two successful start-ups (so far): Fresh Intelligence® is a Custom Global Market Research Agency and Validateit ™ is a Technology Insight Platform. Both are built on my mission of making insights and intelligence accessible to the world.

Heather Conway - Grand Gala Keynote

Ms. Conway is responsible for all of CBC/Radio-Canada's English-language services, including CBC Radio One, CBC Radio 2, CBC Television, CBC News Network, CBC.ca, documentary and digital operations. Prior to joining CBC/Radio-Canada, Ms. Conway was Chief Business Officer at the Art Gallery of Ontario, where she was in charge of human resources, digital services, marketing, security and membership, among other things. Under her tenure, the Gallery saw its attendance increase by 20% and achieved its highest membership levels. Workshops

Moderator: Pia Schmidt-Hansen (Pia) Senior Fraud Risk and Change Solutions Manager, BMO Financial Group

Melanie Bejzyk Jennifer Johnson Maria Theofilaktidis Mary-Ellen Anderson Co-Founding Partner National Leader and EVP- Retail VP - Developer of Out Leaders Partner at PWC's Risk Distribution Canadian Experience and Assurance Services PWC Banking Scotiabank Evangelism (DX) group Microsoft

Date: Friday, September 16, 2016 Time: 6:30PM-7:30PM Location: Atrium

The LGBTQA+ community faces unique challenges that make it hard for them to assert leadership in the workplace. This panel brings together a unique perspective on gender barriers and discusses strategies to overcome these obstacles whether you are transitioning to the workplace or seeking growth in your organization

Presented By: BMO 116 fRIDAY SESS~ONS

Trans Inclusivity Training

Date: Friday, September 16, 2016 Time: 2:10 PM -4:00 PM Location: CC Lounge - Room 287

Individuals who identify as trans often experience barriers to accessing necessary services due to discrimination or harassment based on their gender identity and gender expression. This practical session and the accompanying toolkit will explore the experiences and challenges faced by trans people and will support you to develop approaches to fostering a trans inclusive environment. Participants will also learn small and large steps they can take personally within their organizations to create move inclusive spaces and services for trans individuals.

Presented By: The 519

SPACE FOR CHANGE

The World of TELUS Where Start-Up Meets Big Business Date: Friday, September 16, 2016 Time: 4:10PM-5:10PM Location: LLC, L1020

Let's face it. When it comes to corporate culture, big businesses can sometime have a reputation of being rooted in slow, bureaucratic processes that lack innovation. TELUS' moto flied in the face of all that. Learn about progressive, start-up mentality of Canada's fastest-growing national telecommunication company from Tim Hassed, Director, Consumer Sales and Marketing, who leads TELUS Digital team trailblazing this philosophy across the company.

TELUS' culture is hybrid of the benefits of a start-up (creativity, learn and agile methods to product deliver, co-creation with customer, and fail fast mentality) and the expsore and professional development opportunities that come with big business. In addition, diversity and inclusiveness are supported and embraced as core values to the strength of TELUSs culture, which reflects diversity of its customer-base and Canadians. All of this works in tandem with TELUS' Customer's First strategy, a north star that guides every decision and action, and empowers team members with the tools, resources and decision-making opportunities to deliver and succeed.

Presented By: TELUS 117 11

The Real Deal About Biglaw

Date: Friday, September 16, 2016 Time: 4:10PM-5:10PM Location: CIBC - Room 392

This session will offer an overview of the law firm recruiting process, working as a young Bay Street Lawyer, and what to expect after you graduate. A group of experienced panelists will discuss strategies for a successful recruit and work transition as you are surviving law school.

Presented By: Blakes

Development Planning to Support Career Goals

Date: Friday, September 16, 2016 Time: 5:20PM - 6:20 PM Location: LLC, L1010

An important part of moving towards you career goals is identifying and addressing your development needs. Building an effective development plan is a proven method of achieving the development goals that will bring you closer to your career aspirations. In this workshop, you will be introduced to Talent Management Principles and the lens of Developmental Planning. You will leave with an understanding of how to create a quality development plan, your role in the development planning process and how you can put it to action.

Presented By: CIBC

Interactive Dialogue: Why Mentors Matter How to Find One and How to Keep One

Date: Friday, September 16, 2016 Time: 5:20 PM - 6:20 PM Location: CC Lounge - Room 287

Ernst & Young LLP will host an interactive session to talk about mentorship at EY, and to provide personal experiences in the workplace as out LGBT employees.

Do you know how to find a mentor? Are you unsure about coming out to a mentor? What are the responsibilities of a mentee and mentor? The content of this session will provide practical answers to these questions and provide participants an opportunity to interact with the speakers and each other because a better understanding of mentorship can help you reach your career goals.

Presented By: EY EY 1 I 8 SATURDAY SESSIONS

Rotman Design Thinking Workshop

Date: Saturday, September 17, 2016 Time: 1:30PM-3:00PM Location: CC Lounge - Room 287

Business Design is a human-centered approach to innovation. It applies the principles and practices of design to help organizations create new value and new forms of competitive advantage. In this workshop, participants will learn the basic principles of business design, and put their learning into action by addressing a problem through the lens of business design thinking.

Presented By: Rotman School of Management ~ ~ Rotman School of Management ~UNIVERSITY OF TORONTO

Power of Storytelling During your Job Search

Date: Saturday, September 17, 2016 Time: 3:15PM-4:15PM Location: LLC - L1020

This session will be an interactive session with Accenture's chief storyteller. Terrance Gargiulo. Terrance has specialized in the use of stories for business purposes. Terrance will give the participants the skill needed to craft their stories and an opportunity to present and refine. This is an exciting interactive session for those looking to take their skills to the next level. > Presented By: Accenture accenture High performance. Delivered.

anel: Intersections Across Legal Practices

ed professionals across various fields of law to discuss their career · I background. For students entering the field of Law, this panel will discuss the .,.,..,,..nc"" various fields' i.e. corporate, criminal, environmental etc. For students n-,;u~r.,,r,.nding of their options following school can better equip them in

AIRD & BERLIS LLP Barristers and Solicitors 1 i 9 13

The Internet of Things: Where Are We Headed?

Date: Saturday, September 17, 2016 Time: 3:15PM-4:15PM Location: LLC - L1030

Discussion of tech trends and how things have changed in the past few years and their implication on candidates that companies are looking for. For someone who is considering entering the industry, how they can prepare and discuss where the industry will be moving forward.

Presented By: IBM ------­~~-=-::za-___ ..... - --=­ ...- -.... --­ -=-=------.__.llllll:a'- ---., --®

Make the Move: Backpack to Briefcase

Date: Saturday, September 17, 2016 Time: 4:30 PM -5:30 PM Location: LLC- L1010

The hiring process within the legal field is rigid, tough and highly competitive. This session will focus on tips and practical strategies to help you stand out amongst your competition as a student, leader, and a transitioning professional.

Presenters will discuss the transition from law school to work, covering CVs, cover letters, OCis, in-firm interviews, etc. and will also touch upon social and media tools. The session will focus on issues relevant to LGBTQ applicants with regards to these areas. Presented By: OSLER OSLER

Coding Workshop

Date: Saturday, September 17, 2016 Time: 4:30 PM - 6:30 PM Location: Finance Lab

Quick and simple ways to read and understand a programming language. Insight on technical interviews, how to start learning code language.

Presented By: Lighthouse Labs LIGHTHOUS~~ LABS 120 Competitions

MOOT COURT CASE COMPET~T~ON

Background

The Moot Court Competition is Out On Bay Streetrs competition catered to students studying Law. The Moot allows students to build skills, network, and gain recognition in the legal community. Each year a case is selected which focuses on matters relating to the LGBTQ+ community. Six teams are assigned to represent either the Appellant or Respondent. They submit a factum and present oral arguments attempting to persuade a panel of judges to rule in their favour.

Case Summary

The Moot problem centers on the Applicant, a transgender triathlon athlete, trying to qualify for the 2020 Summer Olympic Games in Tokyo, Japan.

The Applicant underwent sex reassignment surgery and transitioned from male to female. She undergoes hormone therapy to maintain a minimal testosterone for her health. The testosterone level she has been advised by her doctors that must be maintained for her health exceeds the threshold that is allowed under Canadian Olympic Committee's policies in respect of gender verification and anti-doping.

The Applicant is seeking review of a decision by the Human Rights Tribunal of Ontario which found the Canadian Olympics Committeers policies do not violate the Human Rights Code.

The Moot Court Case Competition is Presented by and hosted at the offices of: Dentons

Download the Whova app: annualconference.outonbayst.org

1. Search "Whova" on your App store for iPhone or Android. 2. Download the Whova App onto your phone. 3. Use the code "startingout" to join the OOBS 2016 Conference. 4. Enjoy the App!

Twitter: @OutOnBaySt Facebook: OutOnBaySt Linkedin: Out on Bay Street Group lnstagram: outonbayst CASE COMPET~T~ON

Background

Each year OOBS partners with an LGBT + focused organization to develop a business case competition. Participants have the opportunity to apply their problem solving skills to help a real organization, compete against students from top schools across Canada. This year's case competition partner is Get REAL, a student-focused initiative intended to educate other students on LGBTQ+ inclusivity and combat homophobia in schools.

The case competition, sponsored by HSBC, gives our participants the opportunity to:

• Compete against students from across Canada • Win a team cash prize of $1000 presented by HSBC • Connect with professional judging panel from HSBC and Get REAL

Case Summary

Get REAL is a student-driven non-profit organization founded in 2011 with the mission to create inclusive environment by eliminating LGBTQ+ discrimination and bullying. This mission is driven by their efforts to teach students inclusive language and encourage positive and accepting attitudes through integration of real-life experiences coupled with education and awareness on terminology.

Over the past few years, Get REAL has experienced substantial growth as their network spans to over 20 chapters with goals of further expansion. Through their workshop they have reached an audience of over 60,000 students from BC and Newfoundland. As part of this growth, the organization's focus is on the following 3 key areas:

Build Capacity: Maintain current quality programming, while developing a process to account for extended programming beyond existing audience

Revenue: Explore revenue streams via partnerships, workshops, merchandise, and implementation of new process to support the organization's growth strategy both in programming and internal leadership growth in the short and long term

Programing: Continue their success beyond the existing demographic of high schools in the US and Canada [Ontario and Nova Scotia], while solidifying mentorship programs between chapters and high schools

The challenge that competing teams will explore in this year's case will be to analyze Get REAL's key priorities in order to develop a strategy that will help them grow in the coming years. Presented By: HSBC HSBCID 122 Community Outreach Initiative

OUT ON [SAY STREET

Date: Saturday, September 17, 2016 Time: 1:30PM-3:00PM Location: CIBC - Room 392

Background:

The Community Outreach Initiative will be an interactive brainstorming session in small groups, facilitated by management consultants from McKinsey & Company.This year's partner organization will be ourselves! At the organization's tenth anniversary, Out On Bay Street is at a pivotal moment and is looking to solicit ideas, insights and solutions directly from attending delegates. The purpose of this session is to facilitate interaction between professionals and students as a means to create positive social impact.

The Community Outreach Initiative will give you the opportunity to:

• Build your skills in critical thinking and presentation • Prepare for case-based job interviews • Network with industry representatives and other delegates • Give back to the LGBTQ community

Problem Summary

How can Out On Bay Street increase the diversity of its audience and reach more students? In terms of diversity, the organization is looking to increase participation by women, transgendered, and people of colour. Historically, attendance has been skewed towards a gay male audience and some groups may not feel that all events are inclusive. Additionally, as a student-focused organization, Out On Bay Street is always looking for new ways to reach a broader base of audience. Solutions should be realistic and implementable. Participants should consider how new initiatives are funded and other organizational requirements when brainstorming new ideas.

Description of OOBS

Out On Bay Street facilitates the professional development of Lesbian, Gay, Bisexual, Transgender, Queer & Ally (LGBTQA+) students as they transition from school to career in order to build a national network within the LGBTQA= community to be Canada's leaders of tomorrow; where all institutions embrace inclusiveness within the workplace and diversity within the workforce. In addition to the Annual Conference, other events and initiatives include Monthly Networking Socials and quarterly Women's Events.

Presented By: McKinsey & Company McKinsey&Company 123 17 Career and Affiliate Fair

SATURDAY SEPTEMBER 17, 2016 10:00AM

D 39. 41- .43. 40 . '42.' 44 31 !' 32 li 33 ~J r- 1 I L__ 26 27 rsicI I D ~J I I 9 _ _!_~_j. 13___ 15--~ ~; 0 10 ] 12 1 l4 . l6 . r~ c

I 1 1· 2

Career and Affiliate Fair Locations

1. IBM 12.Intact Insurance 23. P&G 34. RBC 2. McKinsey 13. Symcor 24. Torys LLP 35. TD Bank 3. Aird & Berlis 14. Cassels Brock 25. PwC 36. Scotiabank 4. Capgemini 15. Bell 26. AT Kearney 37. HSBC 5. Unilever 16. Manulife 27. Dentons 38. BMO 6. BCG 17. Deloitte 28. Accenture 39. The 519 7. EY 18. Osler 29. BLG 40. Out On Bay Street 8. Blakes 19. Stikeman Elliot LLP 30. McCarthy Tetrault 41. Gai Ecoute 9. Telus Digital 20. Fasken 31. KPMG 42. Get Real 10. CIBC 21. FundServ 32. McMillian 43. ACT 11. Telus 22. Norton Rose 33. Gowlings 44. SOGIC

Please note sizing is not perfectly accurate. There is adequate space between tables, but no more room in the main area due to space constraints. Students will enter from the bottom left of the map and exit in the top right after the final ten tables. This ensures all partners get access to all students for the career fair. Getting lnvoled

As a volunteer-led professional organization, Out On Bay Street is governed by a Board of Directors - consisting of volunteers from institutions across Canada whom have been directly involved in the execution of Out On Bay Street's initiatives in a previous year. All of the events and initiatives throughout the year are executed by the Organizing Committee.

The support from students, professionals and organizations across Canada ensures the success of all that we do. There are many ways to be involved, such include:

• Being an Out On Bay Street Ambassador at your respective educational organization • Being a volunteer at an Out On Bay Street event • Joining the Out On Bay Street team • Partnering with Out On Bay Street as a Sponsor of an event, as a Community Partner, as a speaker, presenter and/or panelist at a respective event

For more information on each, check our website under: www.outonbayst.org/joinus/

Even Santa needs help recruiting diverse talento

Visit http://employer.colourphill.com COlOURPHill PROUD SPONSOR OF OUT ON BAY STREET rzs 19 Out On Bay Street Team

BOARD Of Dl RECTORS

Justin Alex Lee Daniel Michelle Elias Paul LoPresti Director Faranda Cherny Chaccour Saguil Director & Director Director Director Director Chair

EXECUTiVES

Albert Michael Marshal Colan Lam Cormack Peacock Wang President Corporate Vice Corporate Treasurer President Secretary

ORGAN~Z~NG COMMITTEES AND MANAGEMENT

Annual Conference

Zohra Denny Man Steven Lewis Tiffany Anthony Nina Rakic IIhom Associate, Associate, Law Leung Esteres Associate, Chair Content Associate, Associate, Law Logistics Cases

Awards Community Outreach

Phil Ben Mathew Vincent Ho Michael Gazaleh Vandorpe Nasso Vice President Bozzo Chair Scholarships L2BPO Associate 126 Marketing

Julian Liao Russel Valentin Jeanette Jason Liu Sabid Ali Vice President Polland Clauden Stock Events Graphics Director Annual Social Media Conference Toronto Events

Martin Shook Jonathan AmyYu Hannah Geoff Martina Graphics Pavan Women's Frazer Logan Montero Vice President Events Women's Entrepreneurship Entrepreneurship Events Events Events Sponsor Relations

Christopher Stefan Palios Andy Chow Art in Chris Kelly Ali Judson Morello Vice President Business Memar Business Business Entrepreneurship Development Business Development Relationship Events Development Student Outreach

Matt Tony Tess Lai Kary Afif Nassif Zane Wolfe Harding Giannopoulos Business Arts Cozens Grad Engineering Law Vice President Business & & Science Relationship Arts Regional Web & IT Events

Shan Arora Megan Devin Allan Choi Eric Hardeep Sign Law Grad Heesaker Johnstone Web Content Loth man Chair Western Regions Vice President Web Content ¥-I I ''»7/L. I 21 Ottawa Events

Tamir Kent Olivia Le Clair Kim Kris Jonathan Virani Evans Sponsor Graphics Bergmann Genereux Chair Law Relations Community Associate Relations Relations Calgary Events

Tanner Noemie David Michael Lorne Michelle Tallon Tangelo MacMillan Velcic Graburn Otutu Associate Associate Assocaite Co-Chair Co-Chair Calgary Events Montreal Events Vancouver Events

Marc-Antoine Emma Melanie Preston Michela Kevin Hill Grondin Goyette Le Berre Parsons Fiori de Associate Chair Associate Assocaite Chair Associate

Zachary Michael Dustin Rogers Howcroft Klaudt Associate Associate Associate i1 .2 .,.., ~I . 0

TD. Forever Proud.

Our support of Canada's LGBT community is celebrated every day. It's our differences that make us better together.

# ForeverProud

• The TD logo and other trade-marks are the property of The Toronto-Dominion Bank. 129

This is Exhibit "G" to the Affidavit of Albert Lam, sworn before me this fi!: day of June, 2017. ~ Commissioner for Taking Affidavits Helen Falbo. a Commissioner. etc.. Province of Ontario. for Goldblatt Partners LLP. Barristers and SolicHors. Expires November 10. 2018. 130

OUTlaws Constitution 2016-17

1.0 Name of Club

1.01 OUTlaws

2.0 Statement of Purpose

2.01 OUTlaws exists to provide a social, educational and political forum for LGBTQ+ individuals and their allies. Its aims include providing a support network at the school; creating an inclusive LGBTQ+ community on campus; challenging discrimination against LGBTQ+ individuals; organizing educational activities; providing LGBTQ+ students with networking and career development opportunities and raising awareness about homophobia, transphobia, heterosexism and cisnormativity.

3.0 Membership Guidelines

3.01 Membership in OUTlaws is open to all LGBTQ+ individuals, students, faculty and staff of Osgoode Hall Law School, and their allies.

3.02 No identifying information on any OUTlaws member, including name, will be made available to any person, internal organization within Osgoode Hall Law School, or external body. The only exceptions to this policy are the members of the OUTlaws Executive Committee who become OUTlaws contacts. This general policy may be waived by any OUTlaws member with regard to him/herself only.

3.03 The nature and scope of homophobia, transphobia, cisnormativity and heterosexism demand that the different levels of "outness" experienced by OUTlaws members be respected and protected. OUTlaws provides a safe forum for Osgoode's LGBTQ+ community to interact, provide mutual support and foster inclusive and positive attitudes toward sexual orientation and gender identity. Providing identifying information on the membership to anyone could endanger this fundamental purpose of the group.

4.0 Executive Committee

4.1 Composition

4.11 The Executive Committee (Executive) of OUTlaws is comprised of two (2) to four (4) OUTlaws members one of whom must be the President. In the event that there are less than three (3) members on the Executive Committee the second member shall be the Vice-President. Where there are three (3) or more members of the Executive Committee, its composition shall be as follows: :l> President :l> Vice-President, Social and Planning )> Vice-President, Communications and Outreach )> Vice-President, Professional Development 131

4.2 Method Chosen

4.21 The Executive Committee members are volunteers drawn from the general membership. Where possible, the Executive should aim to be as representative of its constituency as possible.

4.22 The Executive Committee will be chosen through an election. Voting will be open to all regular members of the OUTlaws organization. Candidates who achieve a majority of votes for their position will be selected as members of the Executive. In order for an election to be valid, a quorum of ten (1 0) OUTlaws members must be achieved. In the event that a quorum cannot be achieved, candidates shall be evaluated and selected by the outgoing Executive Committee with final discretion falling to the President. Where no contest occurs for a position on the Executive the seat will be won by acclamation. Elections will be held in March of each year, no less than two weeks prior to the start of the general examination period.

4.23 Candidates wishing to serve on the Executive committee will make their intentions known when the call for nominations is made by the Executive.

4.24 Candidates may nominate themselves for either the role of President or Vice President. i) Candidates nominating themselves for the role of President should not be involved in any intensive or clinical programs in the following year which would impede their ability to serve as the organization's president. Exceptions may be made where there is no other suitable candidate for the role. ii) Candidates nominating themselves for the role of Vice President are not required to indicate which Vice-Presidential role they are running for although they may choose to do so. When two (2) or more Vice-Presidents are elected, specific roles shall be decided upon at the first meeting of the incoming Executive with final discretion for role assignment falling to the incoming President.

4.3 Responsibilities of the President

4.31 The responsibilities of the President are:

• To take a lead role in organizing meetings, including booking the room and advertising the meetings. • To take a lead role in implementing through committee/delegation the activities determined by the Executive to be priorities for the school year. • To, where possible, sit on the President's Committee on Sexual Orientation and Gender Identity. This York Committee advises the President of the University in matters concerning the above named topics. • To submit an OUTlaws budget proposal for the school year and the Constitution to the Legal and Literary Society for approval. • To coordinate involvement with external LGBTQ+ organizations (other chapters of OUTlaws, Out on Bay Street etc.)

4.4 Responsibilities of the Vice-President

4.41 Where there is only one Vice-President, his/her/zir responsibilities are:

• To, where possible, sit on the Positive Space Committee or a comparable committee with a similar mandate. This Committee oversees the Positive Space Program. This program trains faculty, students and staff to act as peer support to lesbians, gay men, bisexual women and men, and transgendered people on campus. • Help the President in implementing through committee/delegation the activities determined by the Executive to be priorities for the school year. • Report back to the general membership at subsequent OUTlaws meetings on the status of various activities. • Oversee OUTlaws' activity expenditures and submit receipts to the Legal and Literary Society for reimbursement. • Record minutes of meetings as required. Be OUTlaws' voice on other York committees (e.g., such as TBLGAY).

4.5 More than one Vice-President

4.51 The responsibilities of the Vice-President, Social and Planning are:

• To plan bi-weekly or monthly social events for the OUTlaws membership. These events are intended to allow members of the LGBTQ+ community at Osgoode to connect and foster a sense of community among LGBTQ+ students, faculty and their allies. • To submit plans and budget estimates to the Executive for events approved by the Executive. • To generate interest for OUTlaws events through posters, social media, Obiter Dicta etc., remind members of upcoming events, and act within his/her/zir power to create a safe, fun, social space for Osgoode's LGBTQ+ community.

4.52 The responsibilities of the Vice-President, Communications and Outreach are:

• To maintain and update the OUTlaws social media accounts. • To communicate with the Osgoode administration as needed. • To reach out to external organizations and individuals who OUTlaws would like to collaborate with or request assistance from and to maintain open communication with said groups. • To manage and update the OUTlaws mailing list and use it to keep the general membership updated on matters which do not fall under the scope of 4.51. • To communicate with Obiter Dicta and the Legal and Literary Society regarding developments within the OUTlaws organization which would be of general interest to the Osgoode community. 4.53 The responsibilities of the Vice-President, Professional Development are:

• To connect LGBTQ+ students at Osgoode with LGBTQ+ and allied members of the legal profession. • To plan career related events such as networking socials, panel discussions and firm tours to increase LGBTQ+ visibility in the workplace and to give students perspective on what it is like to be an LGBTQ+ person in the legal profession. • To maintain a list of current and past members of the Osgoode OUTlaws who are willing to act as mentors for or provide guidance to current LGBTQ+ students at Osgoode. • To collaborate with other Osgoode student groups to ensure that LGBTQ+ students are represented and visible on firm tours.

4.6 Clarifications

1. Where there is only a President and Vice-President, in addition to the roles outlined in 4.31 and 4.41 the President and Vice-President shall share equally the responsibilities outlined in 4.51, 4.52 and 4.53. 2. Where there is more than one (1) Vice-President the responsibilities outlined in 4.41 shall be shared equally among them at the discretion of the Vice-Presidents. 3. Where there are two (2) Vice-Presidents they may divide the responsibilities outlined in 4.41, 4.51, 4.52 and 4.53 equally among them at the discretion of the Vice-Presidents. 4. Irrespective of the roles outlined above, all members of the Executive are to collaborate in the best interests of the OUTlaws organization at Osgood e. 5. The incoming Executive shall hold a meeting no later than one (1) week prior to the beginning of the school year to set the year's priorities and tentative event plan. 6. All decisions of the Executive are to be made by majority vote. Where there is no majority, the President shall have final discretion in all matters. 7. Where possible the Executive should aim for consensus in all matters. Contentious issues may be put to a vote of the general membership at the discretion of the Executive.

5.0 Steering Committee

5.1 Composition

5.11 The Steering Committee shall be composed of the full Executive as well as four (4) 1L representatives selected from each of the letter sections (A,B,C,D).

5.12 Where possible, the Steering Committee may also include upper year students, faculty and Osgoode staff who are interested in aiding the OUTlaws organization.

5.2 Method Chosen

5.21 The four (4) 1 L reps of the Steering Committee shall be selected within one (1) month of the commencement of classes in the fall term by election. Voting will be open to all 1 L members of the OUTlaws organization at Osgoode. 1L members may only vote on representatives for their own letter sections. Where there is no contest for a 1L position that seat shall be won by acclamation. Every effort should be made to ensure that each 1 L section is represented. 5.3 Function

5.31 The function of the Steering Committee is to foster 1L involvement in the decision making process of the OUTlaws organization. 1L reps are invited to sit in on all meetings of the Executive except where barred at the discretion of the Executive. 1L reps shall be voting members at meetings of the Executive except where barred at the discretion of the Executive. 1L reps shall be provided with opportunities to interact with all elements of the organization's operations in order to prepare them should they elect to run for an Executive position in subsequent years.

5.4 Responsibilities of 1 L Reps

5.41 The responsibilities of the 1 L reps are:

• To sit in on as many meetings of the Executive as possible and participate in a meaningful fashion. · • To bring the concerns, ideas and interests of 1L LGBTQ+ individuals to the Executive. • To solicit 1L involvement in OUTlaws events and activities and to raise awareness of the OUTlaws organization within their sections. • Where possible, to participate as Orientation-Week leaders in the subsequent school year to ensure that there is an LGBTQ+ presence during the event and to direct new students to the organization.

5.5 Promoting LGBTQ+ Visibility and Creating a Safe Space

5.51 Where possible, all members of the Steering Committee are encouraged to wear items, emblems, clothing etc. which identify them as leaders of the LGBTQ+ community at Osgoode.

6.0 Funding Sources

6.01 OUTlaws is funded through the Legal and Literary Society, and infrequently by its own fundraising initiatives and by donations from appropriate external sources.

7.0 Meetings

7.01 The first Executive meeting of each academic year will establish goals and initiatives for the school year. Further Executive meetings will be held on an as-needed basis. It is the responsibility of the President to make all arrangements for the meetings.

7.02 The Executive shall, where possible, hold two meetings of the general membership each academic year with one meeting in each of the fall and winter terms. The general membership of the OUTlaws organization may bring motions to these meetings to be voted upon by the general membership at the conclusion of the meeting. Any motion which receives five (5) or more votes, must be put before the Executive for consideration. 135

8.0 Amendments to the Constitution

8.01 Amendments may be proposed by any member of OUTlaws. Any amendment proposal which receives the sworn support of five (5) OUTlaws members must be put to the general membership for a vote.

8.02 A quorum of ten (1 0) OUTlaws members is required for a vote to be held.

8.03 An amendment proposal which receives majority support in such a vote shall be considered passed and must then be incorporated by the Executive.

8.04 The Executive may, where necessary, amend the constitution unilaterally, by unanimous vote, if doing so is required to allow for greater compliance with other elements of this document. This is intended to give the Executive leeway to make vital changes, under exceptional circumstances, where it is impossible or impractical to obtain a quorum and proceed to a vote of the general membership. 136

OUTLaw: LGBTQ Law Students' Association

Constitution

Article 1: Name

The official name of the club established by this constitution is "OUTLaw: LGBTQ Law Students' Association"* and may be referred to as "OUTLaw". No other name will be used in the advertisement or representation of the association.

*LGBTQ =lesbian, gay, bisexual, transgender/transsexual, queerI questioning

Article 2: Mission Statement

Create a safe space for LGBTQ-identified University of Ottawa law students and their allies where they can engage in discussion, network, and promote awareness within the law school community. A place where all students can come together to explore the ways in which the lives of LGBTQ-identified persons are affected by, and intersect with, the law, the legal profession, and legal education.

Article 3: Mandate

The association shall exist for the purpose of:

3.1. Providing a safe space for self-identified LGBTQ law students and their allies. 3.2. Facilitating networking between LGBTQ law students and the legal community. 3.3. Promoting awareness and nurturing an LGBTQ-positive community within the University of Ottawa law school 3.4. Providing a forum for discussion regarding LGBTQ legal issues, and issues relevant and of interest to LGBTQ law students. 3.5. Hosting speakers, panel discussions, educational presentations, social events, networking opportunities, and fundraising initiatives that foster the goals of the association. Page 1 of8 137

3.6. Working in partnership with the Ontario Bar Association's Sexual Orientation and Gender Identity section and other community organizations such as Public Service Pride to facilitate attaining our shared objectives.

Article 4: Membership

Association member:

Every association member shall be a student enrolled in the University of Ottawa Common Law or Civil Law programs, or the Programme Nationale, and any such enrolled student shall have the right to become a member. Membership in the association shall be voluntary and any member may leave the association at any time.

Affiliate member:

Any person who does not qualify to become an association member may be an affiliate member. Any University of Ottawa faculty, staff, non-law student, or other member of the University of Ottawa community may join the association as an affiliate member. Affiliate members will not have voting rights.

Article 5: Executive

The executive shall consist of not less than 4 and not more than 6 association members who will act cooperatively to carry out all functions of the executive. These members shall be known as executive officers of the association.

Article 6: Responsibilities of the Executive

The executive officers shall function cooperatively as a group, delegating tasks amongst themselves as required to carry out the aims of the association. Any executive officer may have signing authority for the association; and may from time to time take on the role of association representative, meeting chairperson, event coordinator, secretary, treasurer, or other such role as required. The executive is responsible for calling association meetings, liaising with the Common Law Student Society, the University of Ottawa, and external organizations, and for ensuring that all endeavours of the association are conducted with the association mission in mind. Page 2 of8

u Article 7: Finances

The executive officers shall ensure that the financial needs of the association are met in order to carry out its objectives successfully. All members of the association may participate in fundraising initiatives for this purpose and may contribute ideas for funding sources that may be available for specific events or activities sanctioned by the association.

Article 8: Meetings

8.1. At least two (2) general meetings shall be held during the school year; including the Annual General Meeting. 8.2. Meeting dates will be decided on by the executive. 8.3. Notice of these meetings shall be given by posting announcements on departmental notice boards, and by e-mail, at least one ( 1) week before the meeting date. 8.4. Action items from each meeting shall be recorded and distributed to members via email as follow-up. 8.5. Although all association members are encouraged to attend, attendance at meetings is not required. 8.6. Quorum required for any decisions decided by way of a vote shall consist of 50%+ 1 of the association members present.

Article 9: Elections

9.1. The election of executive officers for the current academic year shall take place at a meeting held in September. 9.2. Only association members may express interest and become a candidate for an executive officer position. Affiliate members may not be executive members of the association. 9.3. Candidates for executive officer positions must convey their interest in a particular position to the current executive no less than one week before the voting date. Candidates also have the opportunity to submit a platform for the position, which will be circulated to club members prior to the vote. In the event that there is nobody contesting the any one of the executive positions in advance of the vote, interested persons may indicate their interest in the position at the elections meeting. 9.4. During the election, each association member will have one ( 1) vote for each executive position.

Page 3 of8 9.5. The winner for each position shall be the candidate with the greatest number of votes.

Article 10: Amendments

10.1. Amendments to the constitution must win a majority vote (50%+ 1) of the present members; and 10.2. An amendment to the constitution must be approved by the AEECLSS Clubs Committee, which must be presented with a typed copy of the proposed amendment.

Article 11: Impeachment

11.1 Any member of the association who commits an act negatively affecting the interests of the association and its members may be given notice of impeachment. 11.2 The impeached individual shall have the right to defend his/her actions; and 11.3. A two-thirds (2/3) majority vote of members present will result in the removal of the impeached individual from the association and the loss of any privileges associated with the association.

Updated August 20,2010 jb Page 4 of8 ... I .. 1/lit.11: c··

OUTLaw: Association LGBTQ des etudiants en droit

Constitution

Article 1: Nom

La presente constitution etabli le nom officiel du club comme etant "hors Ia loi: association LGBTG des etudiants en droit" et peut etre nommee simplement "hors Ia loi". Aucun autre nom ne sera utilise dans Ia publicite ou pour representer I' association.

* = LGBTQ lesbiennes, gais, bisexuels, transgenres I transsexuels, queer I questionnement

Article 2: Mission

Creer un espace securitaire pour les etudiants en droit de I' Universite d'Ottawa identifies comme etant LGBTQ ainsi que pour leurs pairs ou ils peuvent s'engager dans une discussion, un reseau, et promouvoir Ia sensibilisation au sein de Ia communaute scolaire en droit. Un lieu ou tous les el€wes peuvent se reunir pour explorer comment Ia vie des personnes LGBTQ identifiees est affectee par les lois et est reliee aux lois, a Ia profession d'avocat, et a !'education juridique.

Article 3: Mandat

L'association doit exister dans le but de:

3.1. Offrir un espace securitaire pour les etudiants en droit auto-identifies LGBTQ et leurs pairs. 3.2. Faciliter le reseautage entre les etudiants en droit LGBTQ et Ia communaute juridique. 3.3. Promouvoir Ia sensibilisation et I' education et assurer une image positive de Ia communaute LGBTQ au sein de l'ecole de droit de I'Universite d'Ottawa. 3.4. Fournir un forum de discussion sur les questions juridiques, pertinentes et d'interet pour les etudiants LGBTQ en droit. 3.5. Inviter des conferenciers, faire des tables rondes, des presentations educatives et des evenements sociaux, creer des possibilites de Page 5 of8 reseautage et des initiatives de collecte de fonds qui favorisent les objectifs de !'association. 3.6. Travailler en partenariat avec Ia section de !'orientation et de l'identite sexuelle de !'Association du Barreau de !'Ontario ainsi qu' avec d 'autres organismes communautaires tels que le Reseau de Ia fierte de Ia fonction publique pour faciliter Ia realisation de nos objectifs communs.

Article 4: Adhesion

Membre de I' Association

Cheque membre de !'association doit etre un etudiant inscrit en droit commun, civil ou au programme national de I'Universite d'Ottawa. L'adhesion a !'association doit etre volontaire et tout membre peut quitter !'association a tout moment.

Membre affilie:

Toute personne qui n'est pas admissible a etre membre de !'association peut devenir un membre affilie. Tousles enseignants, membres du personnel, etudiants qui n'etudient pas en droit ou tout autre membre de Ia communaute de I'Universite d'Ottawa peut adherer a I' association en tant que membre affilie. Les membres affilies n'auront pas le droit de vote.

Article 5: Conseil executif

Le conseil executif est compose d'au moins 4 et de pas plus de 6 membres de I' association qui agiront en collaboration pour mener a bien toutes les fonctions de l'executif. Ces membres sont appeles les conseillers execufits de !'association.

Article 6: Responsabilites du conseil executif

Les conseillers executifs doivent fonctionner de concert en tant que groupe, les taches seront distribuees entre eux pour mener a bien les objectifs de !'association. Tout administrateur ale pouvoir de signer au nom de !'association et peut parfois jouer le role de representant de !'association, president d'assemblee, coordonnateur d'evenements, secretaire, tresorier, ou autre role, comme requis. Le conseil executif est responsable de Ia convocation des reunions de I' association. II doit aussi etablir des liens avec Ia societe des etudiants en droit, avec I'Universite Page 6 of8 142 d'Ottawa et avec les organismes externes en veillant a ce que tous les efforts de !'association soient menes avec Ia mission de !'association a I' esprit.

Article 7: Finances

Les conseillers executifs veillent a Ia sante financiere de !'association tout en menant a bien ses objectifs. Dans ce but, tous les membres de !'association peuvent participer a des initiatives de collecte de fonds et peuvent apporter des idees pour trouver des sources de financement qui pourraient etre disponibles pour des evenements specifiques ou pour des activites sanctionnees par !'association.

Article 8: Reunions

8.1 . Au mains deux assemblees generales seront tenues au cours de l'annee scolaire, y compris l'assemblee generale annuelle. 8.2. Les dates des reunions seront decidees par le conseil executif. 8.3. Les dates des reunions devront annoncees par des annonces sur les babillards du ministere, et par courriel, au mains une semaine avant Ia date de Ia reunion. 8.4. L'ordre du jour de chaque reunion devra etre enregistre et distribue aux membres par courriel en suivi. 8.5. Bien que tous les membres de !'association seront invites a assister aux reunions, Ia participation a ces reunions n'est pas obligatoire. 8.6. Le quorum requis pour les decisions arretees par le biais d'un vote est compose de 50% + 1 des membres de !'association presents. , Article 9: Elections

9.1. L'election des conseillers executifs pour l'annee scolaire en cours aura lieu Iars d'une reunion tenue en septembre. 9.2. Seuls les membres de I' association peuvent exprimer leur interet et devenir un candidat pour un paste de conseiller executif. Les membres affilies ne peuvent pas etre membre de l'executif de I' association. 9 .3. Les candidats aux pastes de conseiller doivent communiquer leur interet pour un paste particulier a l'executif actuel mains d'une semaine avant Ia date du vote. Les candidats ont egalement Ia possibilite de presenter une plate-forme pour le paste, qui sera distribue aux membres du club avant le vote. Dans le cas ou personne ne conteste l'un ou I' autre des pastes de conseiller avant Page 7 of8 Ia date du vote, les personnes interessees peuvent indiquer leur interet pour le paste lors de Ia reunion electorale. 9.4. Lors de !'election, chaque membre de !'association aura une ( 1} voix pour chaque paste de direction. 9.5. Le gagnant de chaque paste doit etre le candid at avec le plus grand nombre de voix.

Article 10: Amendements

10.1. Un amendement a Ia Constitution doit gagner un vote a Ia majorite (50%+ 1} des membres presents et 10.2. Un amendement a Ia Constitution doit etre approuve par le Comite des Clubs AEECLSS, qui doit etre presente avec une copie dactylographiee de l'amendement propose.

Article 11: Mise en accusation

11.1 Tout membre de !'association qui commet un acte qui touche negativement les interets de !'association et ses membres peut se voir donner un avis de destitution. 11.2 L'individu destitue ale droit de defendre ses actions, et 11.3. Une majorite des deux tiers (2 I 3) des voix des membres presents se traduira par Ia destitution de l'individu mis en accusation et par Ia perte de tous les privileges associes a !'association.

Updated August 20, 2010 jb

Page 8 of8 .., 4 !l ' I

This is Exhibit "H" to the Affidavit of Albert Lam, sworn before me this -l1tr: day of June, 2017. 1\f2LC0 Commissioner for Taking Affidavits

Helen Falbo. a Commissioner. etc.. Province of Ontario. for Goldblatt Partners LLP. Barristers aml SollcitoJS. Expires November 10. 2018. 145

TRlNITY WESTERN UNIVERSITY Community Covenant Agreement Our Pledge to One Another

Trinity Western University (TWU) is a Christian university ofthe liberal arts, sciences and professional studies with a vision for developing people of high competence and exemplary character who distinguish themselves as leaders in the marketplaces of life.

1. The TWU Community Covenant The University's mission, core values, curriculum and community life are formed by a firm commitment to the person and work of Jesus Christ as declared in the Bible. This identity and allegiance shapes an educational community in which members pursue truth and excellence with grace and diligence, treat people and ideas with charity and respect, think critically and constructively about complex issues, and willingly respond to the world's most profound needs and greatest opportunities.

The University is an interrelated academic community rooted in the evangelical Protestant tradition; it is made up of Christian administrators, faculty and staff who, along with students choosing to study at TWU, covenant together to form a community that strives to live according to biblical precepts, believing that this will optimize the University's capacity to fulfil its mission and achieve its aspirations.

The community covenant is a solemn pledge in which members place themselves under obligations on the part of the institution to its members, the members to the institution, and the members to one another. In making this pledge, members enter into a contractual agreement and a relational bond. By doing so, members accept reciprocal benefits and mutual responsibilities, and strive to achieve respectful and purposeful unity that aims for the advancement of all, recognizing the diversity of viewpoints, life journeys, stages of maturity, and roles within the TWU community. It is vital that each person who accepts the invitation to become a member of the TWU community carefully considers and sincerely embraces this community covenant.

2. Cit ristian Community The University's acceptance ofthe Bible as the divinely inspired, authoritative guide for personal and community life 1 is foundational to its affirmation that people flourish and most fully reach their potential when they delight in seeking God's purposes, and when they renounce and resist the things that stand in the way of those purposes being fulfilled. 2 This ongoing God-enabled pursuit of a holy life is an inner transformation that actualizes a life of purpose and eternal significance.3 Such a distinctly Christian way of living finds its fullest expression in Christian love, which was exemplified fully by Jesus

The Biblical passages cited in this document serve as points of reference for discussion or reflection on particular topics. TWU recognizes the necessity of giving careti.JI consideration to the complexities involved in interpreting and applying biblical passages to contemporary issues and situations.

1 Deuteronomy 6:4-9: Psalm 19:7-11; 2 Timothy 3:16 z Matthew 63 1-33; Romans 8: 1-17; 12: 1-2; 13: 11-14; 16: 19; Jude 20-23; I Peter 211; 2 Corinthians 7: I. ·' 2 Peter I :3-8: I Peter 2:9-12; Matthew 5: 16; Luke I :74-75; Romans 6: 11-14, 22-23; I Thessalonians 3: 12-13, 4:3, 5:23-24; Galatians 5:22; Ephesians 4:22-24,5:8. 146

Christ, and is characterized by humility, self-sacrifice, mercy and justice, and mutual submission for the good of others.4

This biblical foundation inspires TWU to be a distinctly Christian university in which members and others observe and experience truth, compassion, reconciliation, and hope. 5 TWU envisions itself to be a community where members demonstrate concern for the well-being of others, where rigorous intellectual learning occurs in the context of whole person development, where members give priority to spiritual formation, and where service-oriented citizenship is modeled.

3. Community Life at TWU The TWU community covenant involves a commitment on the part of all members to embody attitudes and to practise actions identified in the Bible as virtues, and to avoid those portrayed as destructive. Members of the TWU community, therefore, commit themselves to: • cultivate Christian virtues, such as love, joy, peace, patience, kindness, goodness, faithfulness, gentleness, self-control, compassion, humility, forgiveness, peacemaking, mercy and justice6 • live exemplary lives characterized by honesty, civility, truthfulness, generosity and integrit/ • communicate in ways that build others up, according to their needs, for the benefit of all8 • treat all persons with respect and dignity, and uphold their God-given worth from conception to death9 • be responsible citizens both locally and globally who respect authorities, submit to the laws of this country, and contribute to the welfare of creation and society10 • observe modesty, purity and appropriate intimacy in all relationships, reserve sexual expressions of intimacy for marriage, and within marriage take every reasonable step to resolve conflict and avoid divorce 11 • exercise careful judgment in all lifestyle choices, and take responsibility for personal choices and their impact on others 12 • encourage and support other members of the community in their pursuit of these values and ideals, while extending forgiveness, accountability, restoration, and healing to one another. 13

In keeping with biblical and TWU ideals, community members voluntarily abstain from the following actions:

'Matthew 22:37-40: I Peter 5:5: Romans 13:8-10: I John 4:7-10; Philippians 2:1-5: I Corinthians 12:31b-13:8a: Romans 12:1-3, 9- IO;John 15:12-13,17: I John3:10-li,14-16:Ephesians5:1-2,21. 5 From TWU's "Envision the Century" Strategic Directions Document, p 5 ("Ends"). 6 Galatians 5:22-24: Colossians 3: 12-17; Isaiah 58:6-8; Micah 6:8. 7 Proverbs 12: 19; Colossians 3:9: Ephesians 4:25; Leviticus 19: II: Exodus 20: 16; Matthew 5:33-37. 'Ephesians 4:29; Proverbs 25: II: I Thessalonians 5: II. 9 Genesis 127-28; Psalm 139: 13-16; Matthew 19:14: Proverbs 23:22. "'Romans 13:1-7: I Peter 2:13-17: Genesis 1:28: Psalm 8:5-8; 2 Thessalonians 3:6-9. 11 Genesis 2:24: Exodus 20:14,17: I Corinthians 7:2-5; Hebrews 13:4: Proverbs 5: 15-19; Matthew 19:4-6; Malachi 2:16; Matthew 5:32. 12 Proverbs 4:20-27: Romans 14:13,19: I Corinthians 8:9,12-13. 10:23-24; Ephesians 5:15-16. 11 James 5:16: Jude 20-23: Romans 12:14-21: I Corinthians 13:5; Colossians 3:13. -2- 147

• communication that is destructive to TWU community life and inter-personal relationships, including gossip, slander, vulgar/obscene language, and prejudice 14 • harassment or any form of verbal or physical intimidation, including hazing • lying, cheating, or other forms of dishonesty including plagiarism • stealing, misusing or destroying property belonging to others 15 • sexual intimacy that violates the sacredness of marriage between a man and a woman 16 • the use of materials that are degrading, dehumanizing, exploitive, hateful, or gratuitously violent, including, but not limited to pornography • drunkenness, under-age consumption of alcohol, the use or possession of illegal drugs, and the misuse or abuse of substances including prescribed drugs • the use or possession of alcohol on campus, or at any TWU sponsored event, and the use of tobacco on campus or at any TWU sponsored event.

4. Areas for Careful Discernment and Sensitivity A heightened level of discernment and sensitivity is appropriate within a Christian educational community such as TWU. In order to foster the kind of campus atmosphere most conducive to university ends, this covenant both identifies particular Christian standards and recognizes degrees of latitude for individual freedom. True freedom is not the freedom to do as one pleases, but rather empowerment to do what is best. 17 TWU rejects legalisms that mistakenly identify certain cultural practices as biblical imperatives, or that emphasize outward conduct as the measure of genuine Christian maturity apart from inward thoughts and motivations. In all respects, the TWU community expects its members to exercise wise decision-making according to biblical principles, carefully accounting for each individual's capabilities, vulnerabilities, and values, and considering the consequences ofthose choices to health and character, social relationships, and God's purposes in the world.

TWU is committed to assisting members who desire to face difficulties or overcome the consequences of poor personal choices by providing reasonable care, resources, and environments for safe and meaningful dialogue. TWU reserves the right to question, challenge or discipline any member in response to actions that impact personal or social welfare.

Wise and Sustainable Self-Care The University is committed to promoting and supporting habits of healthy self-care in all its members, recognizing that each individual's actions can have a cumulative impact on the entire community. TWU encourages its members to pursue and promote: sustainable patterns of sleep, eating, exercise, and preventative health; as well as sustainable rhythms of solitude and community, personal spiritual disciplines, chapel and local church participation, 18 work, study and recreation, service and rest.

"Colossians 3:8; Ephesians 4:31. 15 Exodus 20 15; Ephesians 4 28. 16 Romans I 26-27; Proverbs 6:23-35. 17 Galatians 5: 1.13; Romans 8: 1-4; I Peter 2:16. '"Ephesians 5: 19-20; Colossians 3:15-16; Hebrews 10:25. -3- 148

Healthy Sexuality People face significant challenges in practicing biblical sexual health within a highly sexualized culture. A biblical view of sexuality holds that a person's decisions regarding his or her body are physically, spiritually and emotionally inseparable. Such decisions affect a person's ability to live out God's intention for wholeness in relationship to God, to one's (future) spouse, to others in the community, and to oneself. 19 Further, according to the Bible, sexual intimacy is reserved for marriage between one man and one woman, and within that marriage bond it is God's intention that it be enjoyed as a means for marital intimacy and procreation?0 Honouring and upholding these principles, members of the TWU community strive for purity of thought and relationship,21 respectful modesty/2 personal responsibility for actions taken, and avoidance of contexts where temptation to compromise would be particularly strong.23

Drugs, Alcohol and Tobacco The use of illegal drugs is by definition illicit. The abuse of legal drugs has been shown to be physically and socially destructive, especially in its potential for fonning life­ destroying addictions. For these reasons, TWU members voluntarily abstain from the use of illegal drugs and the abuse of legal drugs at all times.

The decision whether or not to consume alcohol or use tobacco is more complex. The Bible allows for the enjoyment of alcohol in moderation,24 but it also strongly warns against drunkenness and addiction, which overpowers wise and reasonable behaviour and hinders personal development.25 The Bible commends leaders who abstained from, or were not addicted to, alcohol.26 Alcohol abuse has many long-lasting negative physical, social and academic consequences. The Bible has no direct instructions regarding the use oftobacco, though many biblical principles regarding stewardship of the body offer guidance. Tobacco is clearly hazardous to the health of both users and bystanders. Many people avoid alcohol and/or tobacco as a matter of conscience, personal health, or in response to an addiction. With these concerns in mind, TWU members will exercise careful discretion, sensitivity to others' conscience/principles, moderation, compassion, and mutual responsibility. In addition, TWU strongly discourages participation in events where the primary purpose is the excessive consumption of alcohol.

Entertainment When considering the myriad of entertainment options available, including print media, television, film, music, video games, the internet, theatre, concerts, social dancing, clubs, sports, recreation, and gambling, TWU expects its members to make personal choices according to biblical priorities, and with careful consideration for the immediate and long-term impact on one's own well-being, the well-being of others, and the well-being

19 1 Corinthians6:18-19. 2 " Genesis 2:24; Exodus 20: 14,17; I Corinthians 7:2-5; Hebrews 13:4; Proverbs 5: 15-19; Matthew 19:4-6. 21 Matthew 5:27-28; I Timothy 5: 1-2; I Thessalonians 4:3-8; Job 31: 1-4; Psalm 101:2-3. 22 I Peter 3:3-4; I Timothy 2:9-10 2 ' I Corinthians 6: 18; 10: 13; 2 Timothy 2:22; James 4:7. 2 ' Deuteronomy 7:13, II :14, Psalm 104:15; Proverbs 3:10; Isaiah 25:6; John 2:7-1 L I Timothy 5:23. 25 Genesis 9:20-2 I; Proverbs 20: I; 31 :4; Isaiah 5: II; Habakkuk 2:4-5; Ephesians 5:18. 2 " Daniel I :8. 10:3; Luke I: 15; I Timothy 3:3,8; Titus 2:3. -4- 14? of the University. Entertainment choices should be guided by the pursuit of activities that are edifying, beneficial and constructive, and by a preference for those things that are "true, noble, right, pure, lovely, admirable, excellent, and praiseworthy,"27 recognizing that truth and beauty appear in many differing forms, may be disguised, and may be seen in different ways by different people.

5. Commitment and Accountability This covenant applies to all members of the TWU community, that is, administrators, faculty and staff employed by TWU and its affiliates, and students enrolled at TWU or any affiliate program. Unless specifically stated otherwise, expectations ofthis covenant apply to both on and offTWU's campus and extension sites. Sincerely embracing every part of this covenant is a requirement for employment. Employees who sign this covenant also commit themselves to abide by TWU Employment Policies. TWU welcomes all students who qualify for admission, recognizing that not all affirm the theological views that are vital to the University's Christian identity. Students sign this covenant with the commitment to abide by the expectations contained within the Community Covenant, and by campus policies published in the Academic Calendar and Student Handbook.

Ensuring that the integrity of the TWU community is upheld may at times involve taking steps to hold one another accountable to the mutual commitments outlined in this covenant. As a covenant community, all members share this responsibility. The University also provides formal accountability procedures to address actions by community members that represent a disregard for this covenant. These procedures and processes are outlined in TWU' s Student Handbook and Employment Policies and will be enacted by designated representatives ofthe University as deemed necessary.

By my agreement below I affirm that: I have accepted the invitation to be a member of the TWU community with all the mutual benefits and responsibilities that are involved;

I understand that by becoming a member of the TWU community I have also become an ambassador of this community and the ideals it represents;

I have carefully read and considered TWU's Community Covenant and will join in fulfilling its responsibilities while I am a member of the TWU community.

2 ' Philippians 4:8. - 5 - This is Exhibit "I" to the Affidavit of Albert Lam, sworn before me this ~day of June, 2017. \taro Commissioner for Taking Affidavits

Htlen Falbo. a Oflmmlssloner. etc.. Province of Ontario. for Goldblatt Partners LLP. Barristers and Solicitors. Expires November 10. 2018. 11/17/2015 15 1 Student Accountability Policy ..Ji, TRINITY WESTERN Y UNIVERSITY • Living in Community • Living in Residence • University Policies • For Your Information STUDENT HANDBOOK

1. The Goal ofthe Process 2. Conduct Expectations 3. Procedures 4. Informal Process (Minor Incidents) 5. Formal Process (More Serious Incidents) 6. Possible Actions 7. Action Precedent 8. Appeals

Student Accountability Policy

Trinity Western University has established standards of conduct, which are intended to contribute to a learning environment conducive to the accomplishment of its mission. Admission to the University is limited to those who agree to comply with these behavioural expectations which apply to every student whether a resident or commuter both on and off campus. In situations involving suspected violations of the Community Covenant and/or policies and guidelines of the University, students can expect a fair and reasonable response from the University. The Student Accountability Policy in its entirety appears below.

The Goal of the Accountability Process

The goal of the accountability process is to contribute to both the student's personal and spiritual growth. The objectives of the process are:

• To prayerfully and objectively assess what has occurred and indicate to the student what violation(s) has (have) been committed; • To demonstrate care and acceptance for the individual even if behaviour may be unacceptable; • To educate the student, explaining the reasons for the Community Covenant and/or policies and guidelines of the University; • To have students decide that their future behaviour will be in keeping with their original commitment to the community through the University's Community Covenant and/or policies and guidelines of the University; • To have the student accept accountability for his or her behaviour; • To balance the needs of an individual along with the needs of the greater community.

Experience holding individuals accountable to their word has tended to show that repeated violations of the Community Covenant and/or policies and guidelines of the University are often indicators of larger issues in the life of a student. It is hoped, therefore, that the accountability process may ultimately challenge the pursuit of change, godliness and character development within individuals. https://twu.ca/studenthandbookluniversity-policies/student-accountability-policy.html 1/6 .. 5") 11/17/2015 I "" LstudentAccountability Policy back to top

Conduct Expectations

Each student who accepts an invitation of admission to Trinity Western University has agreed to accept the Community Covenant and/or policies and guidelines of the University for living in accordance with the community standards of this private, creedal Christian academic community. These are specified in the Community Covenant contract that each student signs. It is the responsibility of each student to clarify any misunderstanding that may arise in their mind before committing their signature to this contract. The University does not view a student's agreement to comply with these standards and guidelines as a mere formality. Therefore, students who find themselves unable to maintain the integrity of their commitment should seek a living­ learning situation more acceptable to them.

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Accountability Procedures

In Christian love, respect and responsibility, students are encouraged to seek resolution when tension, misunderstanding, conflict, failure or disagreements have fractured relationship. It is expected that as adult learners, members of our community will seek mutual solution to problems that arise within the context of daily living together. Persisting through personal shortfalls is essential and foundational to successful community living. At a grass roots level, it is expected and encouraged that students, staff and faculty will hold each another accountable to the commitments each has made to the University and community. Disregard for community responsibility and accountability is considered inappropriate behaviour, viewed as jeopardizing the effectiveness ofthe learning environment and mission of the University. Students are encouraged to reflect upon their own goals and values to ensure that they are not in conflict with the educational environment in which they have chosen to learn.

The student accountability process may be initiated as a result of a complaint against a student brought to Student Life by another member of the community or as a result of concerns from the community regarding a student's conduct.

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Informal Accountability Process {Minor Incidents)

In minor incidents, a designated Student Life staff member will follow up on the allegation or incident. This involves discussing the allegation or incident with the student(s) and determining an appropriate response (verbal or official warning, community service, suitable apologies, fine or appropriate restitution).

Decisions of a Student Life staff member may be appealed, by the student and in writing, to the Director of Community Life within 48 hours of being informed of the decision. A $100 administration fee is required prior to consideration and will be refunded if the appeal is granted. Until an appeal is granted the original decision remains in effect.

Students are encouraged to informally challenge one another and hold each other accountable to the Community Covenant and/or policies and guidelines of the University out of genuine concern for others within the University community.

Community members, directly working with students in leadership or representative roles, may be notified of violations or incidents involving a student working within their care.

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Formal Accountability Process {More Serious Incidents) https://mu.ca/studenthandbookluniversity-policies/student-accountability-policy.html 2/6 ~, ]._;h:; 11/17/2015 Student Accountability Policy In more serious cases, the formal accountability process will be enacted. The formal accountability process often begins when a community member becomes aware of an alleged violation of Community Covenant and/or policies and guidelines of the University either through first hand knowledge or on report of an incident. It may also begin when the seriousness of an allegation warrants immediately moving to the formal accountability process or if a problem persists and cannot be solved through the informal accountability process.

Stage One: An Assistant Director of Community Life or appropriate designate may make the decision that a case moves from informal accountability to the formal accountability process. When this decision is made, the student(s) who has/have been named in the allegation of misconduct will be informed that the allegation is being investigated. Pertinent information is collected to determine ifthere is sufficient cause for accountability action.

It is the responsibility of Assistant Directors of Community Life or appropriate designate to receive complaints and investigate possible violations of Community Covenant and/or policies and guidelines of the University. In the event that an Assistant Director of Community Life or appropriate designate, in his/her sole discretion believes that additional action is required, he/she will schedule an interview with the student. An Assistant Director of Community Life or appropriate designate is responsible to arrange for and conduct an interview with the student, which may include other parties affected by or involved in the incident. Written confirmation ofthe date and time of the interview will be to the student's university email address prior to the scheduled appointment. Students are responsible for all communication that is sent to their university email address. At the same time the student will be informed of the availability of a counsellor, who may be seen in confidence and at no cost for personal support through the student accountability process. Additionally, the student may contact the TWUSA Ombudsman who will be a resource to the student through the process and provide support as needed. This service is free and completely confidential. Once investigated and interviewed, the matter will be referred to the Director of Community Life who, at his/her sole discretion, will either render a decision or refer the matter to the Community Council. If referred to the Community Council, the Director of Community Life will schedule a meeting and notify the student in writing of its date and time, and of the student's rights and responsibilities.

Decisions of the Director of Community Life or Community Council may be appealed, by the student and in writing, to the Associate Provost within 72 hours of being informed of the decision. A $100 administration fee is required prior to consideration and will be refunded ifthe appeal is granted. Until an appeal is granted the original decision remains in effect.

Stage Two The Director of Community Life, at his/her sole discretion, may refer the matter to the Associate Provost (e.g., a referral of plagiarism and/or academic dishonesty; in the case of repeated or multiple offences; the student has made deceptive or dishonest statements at the interview; or due to the grievous nature of the violation to the Community Covenant and/or policies and guidelines of the University). The Associate Provost, at his/her sole discretion, will either render a decision or refer the matter to the University's Accountability Committee.

If referred to the University's Accountability Committee, the Associate Provost will schedule a meeting and notify the student in writing of its date and time, and of the student's rights and responsibilities.

Decisions of the Associate Provost or the University's Accountability Committee may be appealed, by the student and in writing, to the office ofthe President within 96 hours of being informed of the decision. A $100 administration fee is required prior to consideration and will be refunded if the appeal is granted. Until an appeal is granted the original decision remains in effect.

Community members, working directly with students in leadership or representative roles may be notified of violations or incidents involving a student within their care.

Community Council and the University's Accountability Committee If selected to appear before the Community Council or the University's Accountability Committee, the student will have the right to appear at the meeting, the right to invite one person, a friend or relative, and the right to knowledge of the evidence upon which the allegations are based. The chair of the Community Council or the University's Accountability Committee will provide information to the student regarding the procedures to be followed in the meeting. The meeting will be closed to the public, https://twu.ca/studenthandbook!university-policies/student-accountability-policy.html 316 154 11/17/2015 Student Accountability Policy except for one friend or relative for personal support. Formal rules of evidence will not apply nor will harmless procedural errors invalidate a decision. Failure to appear will result in a default decision. Final decisions of the Community Council or the University's Accountability Committee will be by majority vote of the members present and voting. The Director of Community Life, on behalf of the Community Council, will notify the student in writing of relevant decisions and the council's rationale for each. The Associate Provost, on behalf of the University's Accountability Committee, will notify the student in writing of relevant decisions and the committee's rationale for each.

The Community Council includes four members. Appointments to the council are made as follows: one faculty member appointed by the Vice Provost; one staff member and one Resident Assistant appointed by the Director of Community Life; and one student appointed by the Trinity Western University Student Association Executive upon approval from the Director of Community Life. Three members shall constitute a quorum. The Director of Community Life serves as chair and deciding vote in the eventofa tie. Minutes ofthe committee's meetings are kept confidential.

The Accountability Committee includes seven members. Appointments to the committee are made as follows: two faculty members appointed by the Vice Provost for Academics; two staff members appointed by the Associate Provost; and three students, two appointed by the Trinity Western University Student Association Executive and one Resident Assistant appointed by the Director of Community Life upon approval from the Associate Provost. Four members shall constitute a quorum. The Associate Provost serves as chair and deciding vote in the event of tie. Minutes of the committee's meetings are kept confidential.

Emergency Temporary Suspension

In exceptional circumstances, the Associate Provost or designate may issue an immediate, temporary suspension of a student prior to the completion of the Formal Accountability Process. This action will be taken when it is reasonable to conclude that serious misconduct has occurred and/or that a student's continued presence on campus presents an unreasonable risk to the safety of him/herself or others. Students receiving this suspension must leave the campus immediately. The Formal Accountability Process will proceed, and the Emergency Temporary Suspension will be replaced by the decision rendered at the conclusion of this process.

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Possible Accountability Actions

• Miscellaneous Consequences -this may include a variety of actions such as an apology, community service, fine, loss of a services and payment for recovery of damaged property. • Official Warning- an explanation of the relevant Community Covenant and/or policies and guidelines of the University is accompanied by a written warning that future violations would likely result in conduct accountability. A temporary record is kept. • Conduct Accountability -a designated staff or faculty member will be made available to the student for regular mentorship and/or accountability meetings. Other required conditions may also be added. Failure to meet the conditions of a conduct accountability agreement would likely result in probation. Parents of students under 21 years of age may be notified. Conduct accountability may extend for one or two semesters. A temporary record is kept with the student's transcript. • Probation- the student remains enrolled with the understanding that further violations of Community Covenant and/or policies and guidelines of the University would likely result in suspension. Probation impacts financial aid, participation on athletic and drama teams, in music groups and in student leadership positions. Parents of students under 21 years of age may be notified. Probation may extend for one or two semesters. A temporary record is kept with the student's transcript. • Suspension- an involuntary separation of the student from the University for a specified length oftime. Suspension impacts financial aid, participation on athletic and drama teams, in music groups and in student leadership positions. Parents of students under 21 years of age are notified and a temporary record is kept with the student's transcript. For the duration of the suspension students are not allowed on campus without express permission, and are not permitted to attend class or TWU events, either on or off campus. https://twu.ca/studenthandbookluniversity-policies/student-accountability-policy.html 4/6 tl: r ,_ I]J 11/17/2015 Student Accountability Policy • Expulsion- a permanent separation of the student from the University with a permanent notation on the student's transcript. Parents of students under 21 are notified. Students are not allowed on campus without express permission, and are not permitted to attend TWU events, either on or off campus without express permission.

The University reserves the right to impose probation, suspension or expulsion upon students for cases of plagiarism and academic dishonesty in addition to the typical academic penalties which may include being required to submit additional work, resubmit an assignment, accept a lower grade, accept a zero for the work, being barred from the final exam, receive a failure in the course and/or have a notation made in a student's permanent file.

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Accountability Action Precedent

Although each situation is considered on an individual basis, repeated violations ofthe Community Covenant and/or policies and guidelines of the University are taken into consideration when consequences for chosen behaviours are determined. As well, because the University values community, the welfare of the community will be balanced against the rights of the individual as accountability decisions are made.

The following are examples of likely consequences for first offences based upon TWU values and previous accountability decisions in order to assist students in having a realistic view of the seriousness of violating the Community Covenant and/or policies and guidelines of the University. It should be kept in mind, however, that each case is considered on an individual basis:

• Miscellaneous Consequences or Official Warning- deliberate conflict, pranks, misuse of telephone, computer equipment, or network/internet service, open residence violations, use of tobacco on campus and/or damage to property. • Conduct Accountability or Probation- violations of the alcohol policy, accessing pornography, dishonesty, and/or behaviours that are destructive to community. • Suspension (short term)- alcohol use or possession on campus, aggressive behaviour towards another student, pranks that cause property damage, theft, copying of keys, unauthorized use of keys, vandalism, sexual misconduct, and/or use of drugs. • Suspension (long term) or Expulsion- recurring plagiarism, breaking and entering, providing alcohol to minors, possession of a weapon, harassment, assault, sexual assault, sale or distribution of drugs, arson, repeat offences and/or acts of greater severity.

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Accountability appeals

Prior to appealing accountability decisions within the Student Accountability Process, students should ensure that one or more of the following apply:

• New information has become available that would have altered the original decision. • The original decision is significantly disproportionate to the offense . • A substantive violation in the process calls into question the fairness of the process and/or initial decision.

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https://w.tu.ca/studenthandbook/university-policies/student-accountability-policy.html 5/6 156

This is Exhibit "J" to the Affidavit of Albert Lam, sworn before me this ~day of June, 2017. r\trg~ Commissioner for Taking Affidavits

Helin l'albo. a fJommissfoner. etc .. ProVince of Ontario, for Goldblatt Partners LLP. Barristers and SolicltOJS. Expires November 10. 201a 157 TheOsgoodeOUTiaws Osgoode Hall Law School, York University Ill ·. . I.• . c/o 105-1070 Sheppard Avenue West _ - Toronto, Ontario, Canada M3J OGB [email protected] 1416-628-3146 OSGOODE OUTLAWS

March 18, 2013

Gerard R. Tremblay, CM, OQ, QC, Ad E Jonathan G. Herman President Chief Executive Officer [email protected] [email protected]

Deborah Wolfe, PEng Laurie H. Pawlitza Managing Director Chair National Committee on Accreditation Common Law Program Approval Committee dwolfe@flsc. ca [email protected]

Federation of Canadian Law Societies World Exchange Plaza 1810-45 O'Connor Street Ottawa, ON K1P 1A4

Dear Mr. Tremblay, Mr. Herman, Ms. Wolfe, and Ms. Pawlitza:

Re: Trinity Western University School of Law Proposal

We are writing as current students and alumni from Osgoode Hall Law School at York University. We wish to express our concerns regarding the application of Trinity Western University ("TWU") to establish a law school. We understand that the Federation of Canadian Law Societies is currently considering TWU's proposal.

We are particularly concerned by TWU's requirement that its students sign a community covenant agreement. The covenant requires that students abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman". 1 There are "formal accountability procedures to address actions by community members that represent a disregard for this covenant."2 The TWU Student Handbook provides that "[if] a student, in the opinion of the University, is unable, refuses or fails to live up to their commitment, the University reserves the right to discipline, dismiss, or refuse a student's readmission to the University."3

The covenant at TWU discriminates on the basis of sexual orientation, contrary to the Canadian Charter of Rights and Freedoms and provincial human rights legislation. While heterosexual students are permitted to practice sexual intimacy within marriage, the definition of marriage in the covenant excludes same-sex marriage. Non-heterosexual married couples are singled out by the covenant and barred from sexual intimacy, at the risk of expulsion. TWU's definition of marriage deprives LGBTQ students of rights that others enjoy, and is therefore discriminatory.

1 Trinity Western University Community Covenant Agreement at page 3, available online: 2 Ibid. at page 5. 3 Trinity Western University Student Handbook, Student Accountability Process, available online: In addition, we are concerned about the suitability of TWU as a forum for legal education. Law schools are to propagate the values of the Canadian legal system, including those set out in the Charter of Rights and Freedoms. While the Charter may not apply to private schools such as TWU, all law schools should seek to uphold it. TWU maintains a covenant that marginalizes individuals on the basis of sexual orientation, contrary to the Charter and provincial human rights legislation. It is evident that policies at TWU contradict the values of the Canadian legal system. We conclude that the school would fail to provide a balanced legal education.

The effect of the covenant on all non-heterosexual students is unacceptable. It sends a message that LGBTQ students are not welcome within the TWU community. As explained by Justice L'Heureux-Dube in 2001, you cannot "separate condemnation of the 'sexual sin' of 'homosexual behaviour' from intolerance of those with homosexual or bisexual orientations ... [In] the words of the intervener EGALE, '[r]equiring someone not to act in accordance with their identity is harmful and cruel. It destroys the human spirit. Pressure to change their behaviour and deny their sexual identity has proved tremendously damaging to young persons seeking to come to terms with their sexual orientation' (factum, at para. 34)."4 TWU's claims that the covenant does not prevent non-heterosexual students from attending the University wrongly suggest that it is "possible to condemn a practice so central to the identity of a protected and vulnerable minority without thereby discriminating against its members and affronting their human dignity and personhood."5

As current and future officers of the court, we are committed to promoting the values of the Charter within our own practices. We believe that our colleagues should be exposed to a learning environment that fosters the same dedication to equality. We ask that these concerns be weighted heavily in considering TWU's proposed law school.

Sincerely,

Douglas W. Judson, JD/MBA Candidate (2015), Co-Chair, Osgoode OUTlaws

Phi Nguyen, JD Candidate (2014), Co-Chair, Osgoode OUTlaws

Clair Affleck-Jacques, JD Candidate (2015)

Tressa Alan, JD Candidate (2013)

Faye Alipour, JD Candidate (2015)

Catherine Allen, JD Candidate (2013)

Julie Alton, JD Candidate (2013)

Harjot Atwal, JD Candidate (2014), Staff Writer, Obiter Dicta

4 Trinity Western University v. College of Teachers, [2001] 1 S.C.R. 772, 2001 S.C. C. 31 at para 69. 5 Ibid.

Osgoode OUTlaws 2 159

Jenn Aubrey, JD Candidate (2013)

Emelia Baack, JD Candidate (2013), First Year Associate, Paul Weiss Rifkind Wharton & Garrison LLP

Meredith Bacal, JD Candidate (2014), VP Finance, Osgoode Hall Law School International Legal Partnership

Alexander Baker, JD/MBA Candidate (2016)

Tom Baker, JD Candidate (2015)

Nicholas Banerd, JD/MBA Candidate (2015)

Levon Barker, JD Candidate (2014)

Bianca Bell, JD Candidate (2015)

Janelle Belton, JD Candidate (2015)

Sarah Berhane, JD Candidate (2014), Secretary, Osgoode Hall Criminal Law Society

Jean-Paul Bevilacqua, JD Candidate (2015)

Amrit Bhangu, JD Candidate (2013)

Sydney Black, JD Candidate (2015)

David Bowden, JD Candidate (2014)

Andrew Boyd, JD Candidate (2013)

Katharine Brack, JD Candidate (2014)

Steven Broadley, JD Candidate (2015)

Cameron Bryant, JD Candidate (2013), Editor-in-Chief, The Osgoode Hall Review of Law and Policy

Darcel Bullen, JD Candidate (2015)

Cassandra Burt-Gerrans, JD Candidate (2014)

Katherine Cash, JD Candidate (2015)

Anthea Chan, JD Candidate (2014), VP Internal, Asian Law Students of Osgoode

Mekhala Chaubal, JD Candidate (2013)

Diann Chea, JD Candidate (2014)

Osgoode OUTlaws 3 160

Xi Chen, JD Candidate (2015)

Annie Chu, JD Candidate (2014)

Ronald Chu, JD Candidate (2015), Co-President, Asian Law Students of Osgoode

Jennifer Chun, JD/MBA Candidate (2015)

Darryl Clarke, JD Candidate (2014)

David Cohen, JD Candidate (2014)

Danielle Cornacchia, JD Candidate (2015)

Andrew Cox, JD Candidate (2015)

James Craig, JD Candidate (2014)

Kerri Crawford, JD Candidate (2014)

Valerie Crystal, JD Candidate (2014)

Joseph Cuyegkeng, JD Candidate (2015)

Jennifer Danch, JD Candidate (2015)

Marissa Daniels, JD Candidate (2013), Vice-President, Osgoode Women's Network

Justine Davidson, JD Candidate (2015)

Jenivieve de Vries, JD Candidate (2013)

Kendra d'Eon, JD Candidate (2015)

Julija Dmitrijeva, JD/MBA Candidate (2015)

Katie Douglas, JD Candidate (2015)

Kristen Duerhammer, JD/MBA Candidate (2014), VP External, Osgoode JD/MBA Students' Association

Lisa Durnford, JD Candidate (2014)

Serena Dykstra, JD Candidate (2015)

Lauren Elliott, JD Candidate (2013)

Ali Esnaashari, JD Candidate (2015)

Hera Evans, JD Candidate (2013)

Osgoode OUTlaws 4 16 j

Sarah Falzon, JD Candidate (2013)

Kathleen Farrell, JD Candidate (2014)

Robert Fatt, JD Candidate (2013)

Hilary Fender, JD Candidate (2014)

Davina Finn, JD/MBA Candidate (2016)

Jeremy Fisher, JD Candidate (2015)

Rachel Frank, JD Candidate (2015)

Mark Friedman, JD Candidate (2015)

Tengteng Gai, JD Candidate (2015)

Caroline Garrod, JD Candidate (2015)

Max Gennis, JD Candidate (2014)

Jessie Gill, JD (2012)

Ricardo Golec, JD Candidate (2013)

Sylvia Guirguis, JD Candidate (2014)

Britt Gunn, JD Candidate (2014)

Sharagim Habibi, JD Candidate (2014), Executive Member, Osgoode Business Law Society

Nadia Halum, JD Candidate (2015)

Daniel Hamson, JD Candidate (2014), Senior Editor, Osgoode Hall Law Journal

Rochelle Hanson, JD/MBA Candidate (2014)

Tracey Hardie, JD Candidate (2014)

Kathryn Henley, JD/MES Candidate (2015)

Allison Hennick, JD/MBA Candidate (2013)

Jeffrey Hernaez, JD Candidate (2015)

Mark Hilliard, JD Candidate (2013)

Pamela Hinman, JD Candidate (2014), President, Osgoode Fine Arts Collective

Osgoode OUTlaws 5 i' 21 10

Joseph Hoffman, JD (2012)

Martin Hui, JD/MBA Candidate (2014)

lskander Ibrahim, JD Candidate (2013)

Elena losef, JD Candidate (2013)

Anna lourina, JD Candidate (2015)

Alicia Jaipersaud, JD Candidate (2015)

Rahim Jamal, JD Candidate (2013)

Alexandra Jamieson, JD Candidate (2014)

Sheena Josan, JD Candidate (2014), President, Osgoode Business Law Society

Maria Kaikova, JD Candidate (2013), President, Osgoode Mental Health Association

Christopher Kalantzis, JD Candidate (2013), Vice President (Internal), Osgoode Tax Law Association

lan Kasper, JD Candidate (2014)

Adam Keeping, JD (2011), Director, Out On Bay Street; Associate, Glass & Associates

Ryan Keller, JD Candidate (2014)

Maryam Khalid, JD Candidate (2015)

Jacqueline Kiggundu, JD Candidate (2013)

David Kim, JD Candidate (2014)

Alice Kippen, JD Candidate (2013)

Kasia Kmiec, JD Candidate (2013)

Rodney Kort, JD (2012)

Taras Koulik, JD/MBA Candidate (2015)

Ryan Krahn, JD Candidate (2014)

Sylvia Kym, JD/MES Candidate (2015)

Louise LaFleur, JD Candidate (2014)

Osgoode OUTlaws 6 1h4} •v...J

Liane Langstaff, JD/MBA Candidate (2015)

Guillaume Laroche, LLM (2012)

Michelle Le, JD Candidate (2015)

Marlene LeBlanc, JD Candidate (2013)

Anna Leggett, JD Candidate (2015)

Tim Lenartowych, LLM Candidate (2014)

Erica Lewin, JD Candidate (2013), Director, Mock Trial Band

Lucy Liu, JD/MBA Candidate (2015), VP External, Osgoode JD/MBA Students' Association

Jack Lloyd, JD Candidate (2015), Editor, Green Candy Press

Grant LoPatriello, JD (2012)

Roma Lotay, JD Candidate (2014)

Kerrie Lowitt, JD Candidate (2015)

Charles Lun, JD Candidate (2015)

Alexander Ly, JD Candidate (2014)

Frances Mahon, JD Candidate (2013), Co-Chair, Osgoode Criminal Law Society

Waleed Malik, JD Candidate (2014)

Margarita Malkina, JD Candidate (2015)

Ira Marcovitch, JD Candidate (2015)

Simon Marmur, JD Candidate (2013)

Louise Marriott, JD Candidate (2013)

Patrick Martin, JD Candidate (2013)

Nina Mazze, JD Candidate (2015), Co-President, Dance Osgoode

Clifford McCarten, JD Candidate (2015)

Osgoode OUTlaws 7 164

Stacy McFarlane, JD Candidate (2013), Vice Chair, Osgoode Hall Orientation Committee

Rory McGovern, JD Candidate (2013)

James Mencel, JD Candidate (2015)

Jeffrey Mitchell, JD Candidate (2014)

Sarah Molyneaux, JD Candidate (2013)

Jaime Mar, JD Candidate (2015)

Jessica Morris, JD Candidate (2013)

Ryan Morrow, JD Candidate (2015)

Tabby Morshedizadeh, JD Candidate (2013)

Trevor Mourn, JD Candidate (2015)

Daniel Mowat-Rose, JD Candidate (2014)

Saneliso Mayo, JD Candidate (2014), Mentorship Chair, Osgoode Black Law Students' Association

Astrid Mrkich, JD Candidate (2014)

Kisha Munroe, JD Candidate (2014), Organizer, Spinlaw Conference; Human Rights Legal Support Centre

Stephen Neil, JD Candidate (2014)

David Newton, JD Candidate (2015)

Thomas Ng, JD/MBA Candidate (2016)

David Nisker, JD Candidate (2015)

Robin Nobleman, JD Candidate (2015), 1L Representative, Osgoode Just Law Association

Tim Osborne, JD Candidate (2015)

Lisa Ostrom, JD Candidate (2014)

Oscar Palma, JD Candidate (2014)

Courtney Palmer, JD Candidate (2013), Co-President, Osgoode Family Law Association

Shaun Parekh, JD Candidate (2014)

Osgoode OUTlaws 8 165

Lee Parkin, JD Candidate (2014)

Alyssa Peeler, JD Candidate (2015)

Nicole Petersen, JD Candidate (2013)

Willow Pivarnyik, JD Candidate (2013)

Jacob Polowin, JD Candidate (2015), Vice President External, Osgoode International Law Association

Karina Pylypczuk, JD Candidate (2015)

Luis Quail, JD Candidate (2014), Vice President, Osgoode Health Law Association

Susanna Quail, JD Candidate (2014)

Deborah Rachlis, JD Candidate (2014)

Jeremy Rankin, JD Candidate (2015)

Nikita Rathwell, JD Candidate (2014)

Luke Reid, JD Candidate (2014)

Sherazadi Remtulla, JD Candidate (2014)

Mariko Rivers, JD Candidate (2015)

Evguenia Rokhline, JD Candidate (2014)

Brandon Rooney, JD Candidate (2013)

Ebony Rose, JD Candidate (2015)

Erin Rosenzveig, JD Candidate (2013)

Brent Ruston, JD/MBA Candidate (2013)

Jonathan Samosh, JD Candidate (2013), President, Osgoode Disability Law Society

Brett Saulnier, JD Candidate (2014)

Josh Scheinert, JD (2009)

Samara Secter, JD Candidate (2013)

Adam Shehata, JD Candidate (2015), Peer Support Counsellor, Osgoode Peer Support Centre

Osgoode OUTlaws 9 166

Fahad Siddiqui, JD Candidate (2013)

Jonathan Silver, JD Candidate (2015)

Harini Sivalingam, LLB (2005), PhD Candidate (2015), York University

Tiffany Smith, JD Candidate (2015)

Roxana Soica, JD Candidate (2014), Division Leader, CLASP

Isabella Ssozi, JD Candidate (2015)

James Stevenson, JD Candidate (2013)

Maria Szabo, JD Candidate (2014), Division Leader, CLASP

Beatrice Sze, JD Candidate (2014)

Burton William Taylor, JD Candidate (2013)

Joanne Thai, JD Candidate (2014)

Jonathan Thompson, JD Candidate (2014)

Kevin Thompson, JD Candidate (2013), Co-Chair, Osgoode Environmental Law Society

Emily Uza, JD Candidate (2014)

Benjamin Vandorpe, JD Candidate (2015)

Nick Voight, JD (2012), Articling Student, Bellissimo Law Group

Jamie Walker, JD Candidate (2014)

Travis Walker, JD Candidate (2013)

Rabjeet Wallia, JD (2012)

Katie Wei, JD Candidate (2013)

Michael Wheeler, JD Candidate (2013)

Christiane Wilke, PhD (2006), Associate Professor, Department of Law and Legal Studies, Carleton University

Alexandra Wilkins, JD Candidate (2013)

Osgoode OUTlaws 10 .... _, lb/

Allison Williams, JD Candidate (2015)

Rachel Williams, JD Candidate (2013)

Thomas Wilson, JD Candidate (2013), 2013/14 Articling Student, Fraser Milner Casgrain LLP

Andrew Winter, JD Candidate (2013)

Debbie Wong, JD Candidate (2015)

Kendall Yamagishi, JD Candidate (2013)

Victor Yee, JD Candidate (2014)

Alexander Yu, JD Candidate (2014)

Matt Zedde, JD Candidate (2013)

Alia Zhura, JD Candidate (2013), Project Director, Osgoode Society for Corporate Governance

c. Lome Sossin, Dean, Osgoode Half Law School, York University, 4700 Keele Street, Toronto, ON, M3J 1P3; [email protected]

Hon. Ralph Sultan, Minister of Advanced Education, Innovation, and Technology, Room 342, Parliament Buildings, Victoria, BC, VBV 1X4; [email protected]

Thomas G. Conway, Law Society Treasurer, Law Society of Upper Canada, Osgoode Hall, 130 Queen Street West, Toronto, ON, M5H 2N6; [email protected]

Bill Flanagan, President, Canadian Council of Law Deans, 57 Louis Pasteur, Ottawa, ON, K1N 5N5; [email protected]

Jonathan S. Raymond, President, Trinity Western University, 7600 Glover Road, Langley, BC, V2Y 1Y1; [email protected]

Adrian Lomaga, Chair, Sexual Orientation and Gender Identity Section, Ontario Bar Association, 1106-5 Marine Terrace, Toronto, ON, M5V 3V6; [email protected]

Osgoode OUTlaws 11 162

On March 5th, 2013, a Town Hall was held at the Schulich School of Law to discuss Trinity Western University's proposal to create Canada's next law school. At issue during the meeting were TWU's discriminatory admissions and hiring policies, which include that no community member shall engage in sexual behaviour that violates the sacred bond of marriage between a man and a woman. The primary discussion point was whether an institution with such policies should educate students for the practice oflaw.

Those present at the meeting included gays and lesbians, who voiced concern not only about TWU's policies, but also about the fact that another protected right­ freedom of religion - could potentially be stifled by any action we might take. One Christian in the room shared with us his own faith-based educational background, and reminded us of the personal and voluntary choice an individual makes when agreeing to TWU's community covenant, a choice that arguably should not be impeded. A number of straight people in attendance felt strongly that religion has no place in the teaching of law, and that TWU's proposal should be opposed. Some felt that it would be best to live and let live.

In short, there was no obvious consensus at the Town Hall about whether or not we, as law students and future members of the legal profession, should take a stance on TWU's proposed law school. What is obvious, though, is that the diversity of thought and opinion within the halls of the Schulich School of Law is great. What is also obvious, is that the respect we have for each other's thoughts and opinions here, no matter how divergent, is also great.

But perhaps the most obvious (and most important) thing is this: a Town Hall like the one held on March 5th would never happen at a TWU law school. Gays and lesbians would never sit in a classroom with Christians and Jews and atheists, challenging each other to take on new perspectives while encouraging respect and tolerance for everyone else's, at a TWU law school.

Whether or not those at TWU would want such a meeting to take place is irrelevant. Whether or not they themselves discriminate in their daily lives is also irrelevant. The fact of the matter is that TWU's policies simply would not allow for free, open, challenging, critical, respectful dialogue. What is the practice of law, if not all of those things? Does the rule of law not require that it be available freely and openly to all? Does the complexity of law not challenge us to be innovative and resourceful for our clients? Does the stu~y of law not require us to think critically about difficult issues? Does our very own Constitution not require us to respect all of our brothers and sisters, regardless of race, sex, religion, age, sexual orientation, or otherwise?

IfTWU is to be granted the privilege of opening Canada's next law school, it should first ask itself if it is up to the challenge of having an open, honest, meaningful discussion about its policies and practices. If it finds itself unable to do so, then, in the words of its own student handbook, it "should seek a living-learning situation more acceptable to them". 169

We, the Undersigned, support this statement:

Dal OUTlaw • Annie McFarlane- Dal Law 2013, • Chelsey Roy- Dal Law 2013 • Cordelle Ellison- Dal Law 2013 • Greg Englehutt- Dal Law 2013

Dal Social Activist Law Student Association • Georgia Lloyd-Smith- Dal Law 2014 • Yasemin Diamente- Dal Law 2014 • Emily Coyle- Dal Law 2014 • Bruce Muir- Dal Law 2015 • Lara Green- Dal Law 2014 • Zoe Marler- Dal Law 2014 • Aaron Dewitt- Dal Law 2014 • Conor Mullin- Dal Law 2013 • Mary Elizabeth- Dal Law 2015 • Martin Sanderson- Dal Law 2014 • Shawnee Gregory- Dal Law 2015

Stefan Currie-Roberts- Dal Law 2013 Emma Baasch- Dal Law 2014 Ora Morison- Dal Law 2015 Cheri Caplan- Dal Law 2013 Jennifer Asquin- Dal Law 2013 Katherine Ruta- Dal Law 2014 Michelle Yung- Dal Law 2013 Angela MacKenzie- Dal Law 2014 Maria Constantine- Dal Law 2013 Shannon Paine- Dal Law 2013 Chris Gleddie- Dal Law 2013 Allison Reed- Dal Law 2013 Mick Levin- Dal Law 2015 Amy Sakalauskas- Practicing Member of the NSBS Laura Dunnigan- Dal Law 2013 Dave Dhillon- Dal Law 2014 Kelsey Nearing- Dal Law 2014 Kristy MacKinnon- Dal Law 2015 Aaron Lemkow- Dal Law 2015 Christy Meredith'- Dal Law 2014 Ashley Wilson- Dal Law 2014 David Gruber- Dal Law 2015 Barbara Grochalova- Dal Law 2014 David Abrams- Dal Law 2015 170

Christa Korens- Dal Law 2014 Steven Evans- Dal Law 2014 Caitlin Regan-Cottreau- Dal Law 2014 Celeste Woods- Dal MSc, SLP 2013 Cameron Foster- Dal Law 2013 Will Horne- Dal Law 2014 Aileen Fury- Dal Law 2015 Deanna Bru- Dal Law 2015 Andrea Vander Heyden- Dal Law 2014 Michael Oland- Dal Law 2014 Alandra Harlington- Dal Law 2013 Ashley Schuitema- Dal Law 2014 Kate Fairbrother- Dal Law 2013 Amanda Whitehead- Dal Law 2014 Alec Young- Dal Law 2013 Nigel Jenkins- Dal Law 2013 Simon Turner- Dal Law 2013 Dan Manchee- Dal Law 2013 Kylan Kidd- Dal Law 2015 Gregory Johannson- Dal Law 2015 Natasha Meier- Dal Law 2014 Jenna Clark- Dal Law 2015 Margarete Daugela- Dal Law 2015 Lindsay Thomson- Dal Law 2013 Amanda Fricker- Dal Law 2013 Jim Kehoe- Dal Law 2013 Nick Lenehan- Dal Law 2013 Mathieu Poirier- Dal Law 2014 Katie Sammon- Dal Law 2013 James P Barry- Dal Law 2013 Daniel Pink- Dal Law 2011 Sarah Turgeon- Dal Law 2013 Lenie Tessier-Beaulieu- Dal Law 2012 Nick Cosulich- Dal Law 2014 Allison Smith- Dal Law 2014 Tricia Parker- Dal Law 2015 Samantha Jenkins- Dal Law 2014 Sara D. Gardezi- Dal Law 2012 Leah Burt- Dal Law 2014 Cathy Rasmussen- Dal Law 2014 Christena Mcisaac- Dal Law 2014 Tim Hansen- Dal Law 2014 Jared Leon- Dal Law 2014 Leonard Loewith- Dal Law 2013 Nathan Coles- Dal Law 2013 Stephen Hurley- Dal Law 2014 171

James Vialande- Dal Law 2013 Larne J. Graburn- Dal Law 2012 Max Ma- Queen's Law 2015, BA (Hans) (Dal) Ken Cadigan- Dal Law 2013 James Fay- Dal Law 2014 Kelsey Evaniew- Dal Law 2014 172

University of Alberta Faculty of Law - OUTLaw Law Centre- University of Alberta Edmonton, Alberta, T6G 2H5

Mr. Gerard R. Tremblay, C.M., O.Q., Q.C., Ad. E. Jonathan G. Herman President ChiefExecutive Officer, [email protected] [email protected]

Deborah Wolfe, P. Eng. Laurie H. Pawlitza Managing Director, National Committee on Accreditation Chair, Director, Law School Programs Common Law Program Approval Committee [email protected] [email protected]

Federation of Canadian Law Societies World Exchange Plaza 1810-45 rue O'Connor St. Ottawa, Ont. KIP IA4

Dear Mr. Tremblay, Mr. Herman, Ms. Wolfe, and Ms. Pawlitza:

Re: Trinity Western University School of Law Proposal

We are current students of the University of Alberta Faculty of Law and we are writing today to express our concern over the proposed establishment of a law school at Trinity Western University. Our concern centers on the fact that students are required to sign and abide by the community covenant agreement that requires the student to abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman." Failure to abide by the covenant gives the University the right to discipline, dismiss, or refuse to readmit the student.

This covenant actively discriminates against persons on the basis of sexual orientation. Where married heterosexual couples are free to engage in sexual intimacy without fear of discipline or expulsion from the University, same-sex married couples are not afforded this same security, despite having legally recognized marriages. This exclusion of same-sex marriage from the covenant is contrary to the Canadian Charter ofRights and Freedoms and Canadian Human Rights legislation.

We recognize the fact that the Charter does not apply to private schools such as TWU. All law schools, however, should strive to provide a legal education that is balanced and equality focused. Students should be taught to uphold the values of the Canadian legal system, including those found in the Charter. We are concerned that students would be unable to learn such values in an environment where such discrimination occurs against individuals in the LGBTQ community, an already marginalized community. Even though TWU is a private institution, the 173

students graduating from the program would still need to be recognized by provincial Law Societies, which are public bodies who have a duty to promote justice equality and respect for the law, including Charter values.

Furthermore, the effect of the covenant on all non-heterosexual students is unacceptable. It sends a message that LGBTQ students are not welcome within the TWU community. As explained by Justice L'Heureux-Dube in 2001, you cannot "separate condemnation ofthe 'sexual sin' of 'homosexual behaviour' from intolerance of those with homosexual or bisexual orientations ... [In] the words of the intervener EGALE, '[r]equiring someone not to act in accordance with their identity is harmful and cruel. It destroys the human spirit. Pressure to change their behaviour and deny their sexual identity has proved tremendously damaging to young persons seeking to come to terms with their sexual orientation' (factum, at para. 34)."1 TWU's claims that the covenant does not prevent non-heterosexual students from attending the University wrongly suggest that it is "possible to condemn a practice so central to the identity of a protected and vulnerable minority without thereby discriminating against its members and affronting their human dignity and personhood."2

We, as future lawyers and officers of the court, are committed to equality and promoting the values of the Charter within our own practices. We believe that our colleagues should be exposed to a learning environment that fosters the same.

Yours sincerely,

Christopher Ghesquiere, JD Candidate (U of A 20 I 3) Ruoxi Wang, JD Candidate (U of A 2014) Carmen Lee, JD Candidate (U of A 2014) Mark Zamrij, JD Candidate (U of A 2014) Soheel Hussein, JD Candidate (U of A 2014) Brandi Davies, JD Candidate (U of A 2013) Kent West, JD Candidate (U of A 2013) Tatum Woywitka, JD Candidate (U of A 2013) Angie Riano, JD Candidate (U of A 2013) Jacob Marchel, JD Candidate (U of A 2015) Cristina Baer, JD Candidate (U of A 2014) Mark Wells, JD Candidate (U of A 20 15) Graham Sanson, JD Candidate (U of A 20 15) Hyok Kim, JD Candidate (U of A 2014) Stacey Purser, JD Candidate (U of A 2015)

1 Trinity Western University v. College of Teachers, [200 1] 1 S.C.R. 772, 2001 S.C.C. 31 at para 6. 2 Ibid. 174

Michelle Paul, JD Candidate (U of A 2013) Michael Corbett, JD Candidate (U of A 2014) Kate lynn Denny, JD Candidate (U of A 20 I 5) Bethan Franklyn, JD Candidate (U of A 20 I 5) Eileen Tat, JD Candidate (U of A 2013) Brianne Larochelle, JD Candidate (U of A 20 15) Renee Bolianatz, JD Candidate (U of A 2014) Christopher Felling, JD Candidate (U of A 20 I 5) Benjamin Seigel, JD Candidate (U of A 2014) Alana Hall, JD Candidate (U of A 2013) Rhyannon O'Heron, JD Candidate (U of A 2013) Shad Turner, JD Candidate (U of A 20 15) Ratib Islam, JD Candidate (U of A 20 15) Athyna Slack, JD Candidate (U of A 2014) Pablo Retamozo, JD Candidate (U of A 2014) Laura Lefebvre, JD Candidate (U of A 2013) Natasha Edgar, JD Candidate (U of A 2014) Michelle Terriss, JD Candidate (U of A 20 15) Jackie Anderson, JD Candidate (U of A 2013) Susanna Chen, JD Candidate (U of A 20 15) Manjot Parhar, JD Candidate (U of A 2015) Kendal Gummer, JD Candidate (U of A 2013) Jenna Bever, JD Candidate (U of A 2013) Courtney Mah, JD Candidate (U of A 20 15) Russell Ault, JD Candidate (U of A 2013) Kathryn Laurie, JD Candidate (U of A 2013) Gareth Reeves, JD Candidate (U of A 2013) Vanessa Knutson, JD Candidate (U of A 2013) Cobi Dayan, JD Candidate (U of A 2013) Jennifer A. Chuang, JD Candidate (U of A 2014) Carmen Boucher, JD Candidate (U of A 2015) Camille Tokar, JD Candidate (U of A 2013) Michelle Herron, JD Candidate (U of A 20 13) Andrea Mackowetzky, JD Candidate (U of A 2013) Scott Brasil, JD Candidate (U of A 2013) Michelle Molineux, JD Candidate (U of A 2015) Meghan Gibson, JD Candidate (U of A 2013) Patrick Harnett, JD Candidate (U of A 2013) David Lloyd, JD Candidate (U of A 2014) Kristy Moore, JD Candidate ( U of A 2013) -..,--IJo 1I J

Rebecca Ratcliffe, JD Candidate (U of A 20 15) Mandeep Kalan, JD Candidate (U of A 2013) Faiz-Ali Virji, JD Candidate (U of A 2015) Natasha Tames, JD Candidate (U of A 2014) Jade Vo, JD Candidate (U of A 2014) Michelle Tong, JD Candidate (U of A 2013) Jason Paw, JD Candidate (U of A 2015) Drew Maharaj, JD Candidate (U of A 2014) Angela Wong, JD Candidate (U of A 2014) Fauza Mohamed, JD Candidate (U of A 2014) Shaun Wetmore, JD Candidate (U of A 2013) Lisa Little, JD Candidate (U of A 20 15) Elliot Bridgewater, JD Candidate (U of A 2014) Adam Klassen, JD Candidate (U of A 2013) Sandra M Christensen, JD Candidate ( U of A 20 14) Ryan Ghuman, JD Candidate (U of A 2014) Mark Fernandes, JD (U of A 2012) Erin Townley, JD Candidate (U of A 2014) Peter Jones, JD (UofA 2012) Michael McNichol, JD (UofA 2012) Ross A. Brooks, JD (U of A 2012) Christie Dewar, JD Candidate (U of A 2013) Julia lbanescu, JD Candidate (U of A 2014) Eve Coppinger, JD Candidate (U of A 2014) Emily Holmwood, JD Candidate (U of A 2014) Garth Paulson, JD Candidate (U of A 20 13) Andrea Signore, JD Candidate (U of A 20 15) Ariel Laver, JD Candidate (U of A 2013) Matthew Wehrung, JD Candidate (U of A 2013) Jillanna Sehn, JD Candidate (U of A 2014) Ben Samaroo, JD Candidate (U of A 2013) Avril Fisher, JD Candidate (U of A 2014) Mark Zion, JD (U of A 2012) Megan Kheong, JD Candidate (U of A 2014) Tareyn Warren, JD Candidate (U of A 2013) Garrett Lee, JD Candidate (U of A 2013) William van Engen, JD Candidate (U of A 2015) Nora Kharouba, JD Candidate (U of A, 2014) James Taylor, JD (UofA 2012) James Lambert, JD (U of A 2012) 17 6

March 14, 2013

Gerard R. Tremblay, C.M., O.Q., Q.C., Ad. E. President, Federation of Canadian Law Societies [email protected]

Jonathan G. Herman Chief Executive Officer, Federation of Canadian Law Societies [email protected]

Deborah Wolfe, P. Eng. Managing Director, National Committee on Accreditation Director, Law School Programs, Federation of Canadian Law Societies [email protected]

Laurie H. Pawlitza Chair, Federation of Canadian Law Societies Canadian Common Law Program Approval Committee [email protected]

Gavin Hume, Q.C., Council Member for the Law Society of British Columbia [email protected]

World Exchange Plaza 1810-45 rue O'Connor St. Ottawa, Ont. KIP 1A4

Dear Sirs and Mesdames,

Re: Trinity Western University School of Law Proposal

We represent a broad coalition of law students and alumni from the University ofBritish Columbia Faculty of Law united in support ofDean Flanagan and the Canadian Council of Law Deans ("CCLD"). We agree with the CCLD position that Trinity Western University's ("TWU's") Community Covenant, which bars its students from "sexual intimacy that violates the sacredness of marriage between a man and a woman," amounts to discrimination on the basis of sexual orientation, which is unlawful in Canada and fundamentally at odds with the core values of all Canadian law schools.

Most of the criticism to date has focused on the legality ofTWU's Community Covenant. We support that criticism, yet feel we have an additional perspective to add to the discussion. Little has been said about the effect strict adherence to the Covenant would have on the law school experience. This is the focus of our critique.

We are particularly concerned about two damaging effects the Covenant could have: (1) It would exclude sexual minorities, which would diminish diversity of opinion in the legal profession and 177

impair the development of critical thought and legal analytical skill; (2) It would provide opportunities to access legal education in a discriminatory manner. Such an education confers significant social privileges and queer students should have no less access to it than any other.

The law does not exist in isolation. Learning the law requires some analysis of its social context. As part of our legal education, we are regularly encouraged to bring our own perspectives into our legal analyses, whether based on religion, gender, sexual orientation, or other beliefs, identities, and experiences. This diversity encourages us to challenge, debate, and discuss the law in its broader context. This discourse deepens our understanding of both the law and our role as future members of the legal profession.

It is our concern that the Covenant exemplifies a limited tolerance of diversity. While we are respectful of Christian values, a law school should promote an inclusive environment that is fertile ground for debate. All law schools, and the legal profession as a whole, should strive to promote such an environment.

There is tremendous competition for law school admission. Any additional opportunities to a legal education should not be denied to persons based on their sexual orientation. Sexual minorities still face significant social discrimination. Approving a law school that binds students to the TWU Covenant does nothing to alleviate this disadvantage; indeed it has the potential to exacerbate it.

While TWU is a private university, it is not absolved from its public obligations. Legal education is a public good. The practice of the law is publicly regulated and lawyers are officers of the court - they are compelled to act in the public interest. Law schools are safeguarded by provincial law societies because lawyers have duties to the court and their communities, regardless of where they are trained.

Religious freedom is an important right that will continue to be protected in Canada. However, our concern is that TWU's Community Covenant veils homophobia in Christian values. TWU's policy does not allow for balance between religious freedom and the rights of others to their sexual identity.

We hope TWU reconsiders its position regarding the Community Covenant. It is also our desire to see the province of British Columbia, the Law Society of British Columbia, and the Federation of Law Societies of Canada consider the concerns articulated in our letter throughout all approval processes.

Sincerely,

UBC OUTlaws UBC Social Justice Action Network 1. Dustin Klaudt- JD Candidate (UBC 2013) 2. Rebecca Coad- JD Candidate (UBC 2013) 3. Kate Parisotto- JD Candidate (UBC 2013) 4. Rachel Barsky- JD (UBC 2012) 5. Karen Segal- JD Candidate (UBC 2014) 6. Laura Hawes- JD (UBC 2012) 7. Noah Stewart- Member of the LSS Executive, JD Candidate (UBC 2014) 8. Flora Vineberg- JD Candidate (UBC 2015) 9. Martina Zanetti- JD Candidate (UBC 2013) 178

10. Lisa J0rgensen- JD Candidate (UBC 2013) 11. Andrea Ritchie - JD (UBC 20 12) 12. Kaylon Quinn- JD Candidate (UBC 2014) 13. Catrina Webster- JD Candidate (UBC 2014) 14. Iva Erceg- JD Candidate (UBC 2013) 15. Megan Dyler- JD Candidate (UBC 2013) 16. Brian Koh- JD (UBC 2012) 17. Matthew Fingas- JD Candidate (UBC 2014) 18. Jeanette O'Sullivan- JD (UBC 2012) 19. Amelia Boultbee- JD Candidate (UBC 2014) 20. Michelle Reinhart- JD Candidate (UBC 2014) 21. Rachel Schechter- JD Candidate (UBC 2013) 22. Alissa Perry- JD Candidate (UBC 2013) 23. Nora Bergh- JD Candidate (UBC 2013) 24. JoAnne Barnum- Member of the LSS Executive, JD Candidate (UBC 2013) 25. Brendan DePoe- JD Candidate (UBC 2013) 26. Camille Israel- JD Candidate (UBC 2013) 27. Tim Pritchard- JD Candidate (UBC 2013) 28. Raylene Smith- JD Candidate (UBC 2013) 29. Claire Haaf- Member of the LSS Executive, JD Candidate (UBC 2013) 30. Ian Wiebe- JD (UBC 2011) 31. James Boxall- JD Candidate (UBC 2013) 32. Molly Shamess- JD Candidate (UBC 2013) 33. Paul Kressock- JD Candidate (UBC 2014) 34. Paul Mereau- JD Candidate (UBC 2013) 35. Tyson Gratton- JD Candidate (UBC 2013) 36. Brittany Weikum- JD (UBC 2012) 37. Karoline Clarke- JD Candidate (UBC 2014) 38. Anthony Pugh- JD Candidate (UBC 2014) 39. Elizabeth Pan- JD Candidate (UBC 2014) 40. Meera Jain- JD (UBC 2012) 41. Michelle Beda- JD Candidate (UBC 2015) 42. Jessie Caryl- JD Candidate (UBC 2014) 43. Alexander Mackoff- JD Candidate (UBC 2013) 44. Juliana Dalley- JD Candidate (UBC 2013) 45. David Penner- JD Candidate (UBC 2013) 46. Ravi Bindra- JD Candidate (UBC 2013) 47. Alex Norris- JD Candidate (UBC 2013) 48. David Kemp- Member of the LSS Executive- JD Candidate (UBC 2015) 49. Aicha Kouyate- JD Candidate (UBC 2014) 50. Lauren Read- Member of the LSS Executive, JD Candidate (UBC 2015) 51. Nicole Bakker- JD Candidate (UBC 2014) 52. Katie Comley- JD Candidate (UBC 2015) 53. Julie Brown- JD (UBC 2012) 54. Sara Gray- JD Candidate (UBC 2015) 55. Clayton Rubinstein- JD Candidate (UBC 2013) 56. Peter Senften- Bmus (UBC 2008) BA Psychology (UBC 2014) 57. Kenneth Deane Craig- LLMCL Candidate (UBC 2013) 58. Ben Chiou- JD Candidate (UBC 2015) 59. Valerie Haaf, EIT- Bachelor of Applied Science (UBC 2012) 60. William House- JD Candidate (UBC 2013) 179

61. Erin Kizell- JD Candidate (UBC 2013) 62. Michela Fiorido- JD Candidate (UBC 2014) 63. Rita Davie- JD Candidate (UBC 2014) 64. Rachel Heinrichs- JD Candidate (UBC 2013) 65. William Skinner- JD Candidate (UBC 2015) 66. Maxime Walker- JD Candidate (UBC 2015) 67. Robin Phillips- JD Candidate (UBC 2014) 68. Brian Stephenson- JD Candidate (UBC 2015) 69. Will Shaw- JD Candidate (UBC 2013) 70. Alex Hudson- JD Candidate (UBC 2013) 71. Daniel Kent- JD Candidate (UBC 2013) 72. Janis Ko- JD (UBC 2012) 73. Patrick Beechinor- JD Candidate (UBC 2014) 74. Emsie Hung- JD Candidate (UBC 2015) 75. Julia Barsel -JD Candidate (UBC 2013) 76. Sam Arden- JD Candidate (UBC 2013) 77. Jonathan Braun- Member of the LSS, JD Candidate (UBC 2015) 78. Todd Shikaze- JD Candidate (UBC 2013) 79. Shannon Fenrich- JD Candidate (UBC 2013) 80. Victoria Petrenko- JD Candidate (UBC 2015) 81. Dionne Lau- JD Candidate (UBC 2015) 82. Zoe Si- JD Candidate (UBC 2013) 83. Chantelle Yan- JD Candidate (UBC 2015) 84. Michael Burokas- JD Candidate (UBC 2014) 85. Ainslie Hurd- JD Candidate (UBC 2015) 86. Anna Kontsedalova- JD Candidate (UBC 2013) 87. Kaitlin Green- JD Candidate (UBC 2015) 88. Savitri Gordian- JD (UBC 2012) 89. Chris Thompson- JD Candidate (UBC 2013) 90. Jessica Magalios- JD Candidate (2013) 91. Georgia Clark - JD Candidate (UBC 20 15) 92. Farah Malik- JD Candidate (UBC 2013) 93. Gregory Rabin- JD Candidate (UBC 2015) 94. Roni Jones- JD Candidate (UBC 2013) 95. Emily Gray- JD Candidate (UBC 2015) 96. Grant Sikkes- JD Candidate (UBC 2014) 97. Genevieve Hillsburg- JD Candidate (UBC 2015) 98. Elise Hahn- M.A. Candidate (UBC 2014) 99. Spencer Landsiedel- JD/M.B.A. Candidate (UBC 2015) 100. Nivedhya Ramaswamy- JD Candidate (UBC 2014) 101. Natasha Rana- JD Candidate (UBC 2014) 102. Cassie Preston- JD Candidate (UBC 2014) 103. Audrey Bouffard-Nesbitt- JD Candidate (UBC 2013) 104. Megan Coyle- JD Candidate (UBC 2015) 105. Laura Morrison- JD Candidate (UBC 2013) 106. Sherry Shir- JD Candidate (UBC 2014) 107. Trevor Simpson- JD Candidate (UBC 2015) 108. Andrea Fraser- JD Candidate (UBC 2015) 109. Dustin Paul- JD Candidate (UBC 2013) 110. Tahsin Najam- JD Candidate (UBC 2015) 111. Brendan Dawes - JD Candidate (UBC 20 15) 180

112. Joshua Spruyt- JD Candidate (UBC 2013) 113. Servane Phillips- JD (UBC 2012) 114. Alexander Smith- JD Candidate (UBC 2013) 115. Graham Mack- JD Candidate (UBC 2015) 116. Hamish Stewart- JD Candidate (UBC 2014) 117. Heather Adlam- JD Candidate (UBC 2014) 118. Catherine Repel - JD Candidate (UBC 20 15) 119. Nigel Blondeau- JD Candidate (UBC 2014) 120. Emily McClintock- JD Candidate (UBC 2015) 121. David Ferguson- JD Candidate (UBC 2015) 122. Marie Diane Irvine- JD Candidate (UBC 2013) 123. Jessica Johnson- JD Candidate (UBC 2013) 124. Torrey Sirdevan-Bachelor of Applied Science (UBC 2015) 125. Alexander Currie- JD Candidate (UBC 2015) 126. Mark McPhee- JD Candidate (UBC 2013) 127. Jessica Sheehan- JD Candidate (UBC 2015) 128. Kyle Thompson- JD Candidate (UBC 2015) 129. Claire Hildebrand- J.D Candidate (UBC 2015) 130. Jennifer Flood- JD Candidate (UBC 2013) 132. Laura Kasian- JD Candidate (UBC 2013) 133. Negar Jalali- JD Candidate (UBC 2015) 134. Grace Andrea Jackson- JD (UBC 2012) 135. Clayton Gallant- JD Candidate (UBC 2015) 136. Victor Ryans- JD Candidate (UBC 2015) 137. Martin Ferreira Pinho- JD Candidate (UBC 2013) 138. Danielle Lewchuk- JD Candidate (UBC 2013) 139. Ryan LaPlante- JD Candidate (UBC 2015) 140. Kit McGuinness- JD (UBC 2012) 141. Laura Smith- JD (UBC 2012) 142. Tessa Seager- JD Candidate (UBC 2015) 143. Jessie Lee Cameron- JD Candidate (UBC 2013) 144. Daniel Kozera- JD Candidate (UBC 2015) 145. lain Bailey- JD Candidate (UBC 2015) 146. Darcy McKitrick- JD Candidate (UBC 2015) 147. Kendra Shupe- JD Candidate (UBC 2014) 148. Lindsay Wright- JD Candidate (UBC 2013) 149. Alex Choi- JD Candidate (Queen's 2013) 150. Samuel Turcott- JD Candidate (UBC 2014) 151. Maureen Gillis- JD Candidate (UBC 2013) 152. Christopher Munroe- JD (UBC 2012) 153. Zohar Amouyal- JD Candidate (UBC 2013) 154. Alain Saint-Onge- JD Candidate (UBC 2014) 155. Dan H Griffith- JD Candidate (UBC 2014) 156. Parveen K. Shergill- JD Candidate (UBC 2013) 157. Delaine Friedrich- JD Candidate (UBC 2015) 158. Stuart Wright- JD Candidate (UBC 2015) 159. Jessie Gill- JD Candidate (UBC 2014) 160. Malcolm Funt- JD Candidate (UBC 2014) 161. Dylan Mazur- JD Candidate (UBC 2015) 162. Laura Wilson- JD Candidate (UBC 2015) 163. Emily Snow- Member of the UBC ILSA Executive, JD Candidate (UBC 2014) 181

164. Margaret MacDonald- JD Candidate (UBC 2014) 165. Amber Timothy- JD Candidate (UBC 2013) 166. Kelsey Rose- JD Candidate (UBC 2014) 167. Sasa Pudar- JD Candidate (UBC 2014) 168. Andrea Lejay- JD Candidate (UBC 2014) 169. Benjamin Schach- JD Candidate (UBC 2015) 170. Nicole Schnurr - JD Candidate (UBC 2.014) 171. David Wu - JD Candidate (UBC 20 15) 172. Brittany Durrant- JD Candidate (UBC 2014) 173. Alex Evans- JD Candidate (UBC 2014) 174. Glenn Grande- JD Candidate (UBC 2014) 175. Mikhael Magaril- JD Candidate (UBC 2014) 176. Adam Freud- JD Candidate (UBC 2013) 177. Trevor Bant- JD Candidate (UBC 2014) 178. Hennadiy Kutsenko- JD Candidate (UBC 2014) 179. Kelsey Mack- JD (UBC 2012) 180. Lisa Frey- JD (UBC 2012) 181. Vanessa Johnson- JD Candidate (UBC 2014) 182. Jessica Todd- JD Candidate (UBC 2014) 183. Christina Gray- JD Candidate (UBC 2013) 184. Caitlin Ohama-Darcus- JD Candidate (UBC 2015) 185. Michael Fitzmaurice- JD Candidate (UBC 2014) 186. Kayla Baldwin- JD Candidate (UBC 2014) 187. Courtenay Landsiedel- JD Candidate (UBC 2014) 188. Amanda Koralewicz- JD Candidate (UBC 2014) 189. Jessie Ramsay- Member of the UBC ILSA Executive, JD Candidate (UBC 2014) 190. Audrey Wong UBC- JD Candidate (UBC 2013) 191. Hester Soles- JD Candidate (UBC 2014) 192. Kevin Chiarot- JD (UBC 2012) 193. Heather Doi- JD Candidate (UBC 2015) 194. Kate Phillips- JD Candidate (UBC 2014) 195. Blair McRadu- JD Candidate (UBC 2015) 196. Sarah McCalla- JD Candidate (UBC 2014) 197. Jessica Lewis- JD Candidate (UBC 2015) 198. Angela Lee- JD Candidate (UBC 2015) 199. Bryan Badali- JD Candidate (UBC 2013) 200. Joanne Tsang- JD Candidate (UBC 2013) 201. Robin McMurachy- JD Candidate (UBC 2015) 202. Alexandra Russell - JD Candidate (UBC 20 15) 203. Harshada Deshpande- JD Candidate (UBC 2014) 204. Aletha Utley- JD Candidate (UBC 2014) 205. Riley O'Brien- JD Candidate (UBC 2015) 206. Katie Blundy- JD Candidate (UBC 2015) 207. Ruben Lindy - JD Candidate (UBC 20 15) 208. Jamie Hansen- JD Candidate (UBC 2014) 209. Lucas McFadden- JD Candidate (UBC 2015) 210. Jonjit Singh- JD Candidate (UBC 2014) 211. Jason Scott- JD Candidate (UBC 2015) 212. Leanne Moses - JD Candidate (UBC 20 15) 213. Krisha Dhaliwal- JD Candidate (UBC 2015) 214. Stephen Hedley- JD Candidate (UBC 2014) 182

215. Wesley Chenne- JD Candidate (UBC 2015) 216. Stefan Kruse- JD Candidate (UBC 2015) 217. Michael Davis - Member of the LSS, ILSA Executive, JD Candidate (UBC 2014) 218. Aaron Samuel- JD Candidate (UBC 2015) 219. Joty Sandhu- JD Candidate (UBC 2015) 220. Jason Hughes- JD Candidate (UBC 2014)

Cc: Bill Flanagan, President, Council of Canadian Law Deans w [email protected]

Premier Christy Clark [email protected]

Hon. Shirley Bond, Minister of Justice and Attorney General ofBC shirley. bond.mla@leg. bc.ca

Hon. Ralph Sultan, Minister of Advanced Education, Innovation, Technology and Multiculturalism for BC [email protected]

Adrian Dix, Leader of the Opposition [email protected]

Michelle Mungall, Advanced Education, Youth and Labour Market Development Critic [email protected]

Mary Anne Bobinski, Dean, University ofBritish Columbia Faculty of Law bobinski@law. ubc.ca

Jonathan Raymond, President, Trinity Western University [email protected] 183

University of Saskatchewan, College of Law Gay/Straight Alliance Law Building, IS Campus Drive Saskatoon SK S7N SA6

March 18,2013

Gerard R. Tremblay, C.M., O.Q., Q.C., Ad. E. Deborah Wolfe, P. Eng. Managing Director, President, National Committee on Accreditation Director, Federation of Canadian Law Societies Law School Programs, Federation of Canadian [email protected] Law Societies [email protected] Jonathan G. Herman, Chief Executive Officer, Laurie H. Pawlitza, Chair, Federation of Canadian Law Societies Federation of Canadian Law Societies [email protected] Canadian Common Law Program Approval Committee [email protected] World Exchange Plaza 1810-45, rue O'Connor Street Ottawa, Ontario KIP IA4

Dear Sirs and Mesdames,

Re: Trinity Western University School of Law Proposal

We are current students and alumni from the University of Saskatchewan, College ofLaw. We write to express our concern respecting the application by Trinity Western University ("TWU") to establish a law school. We are particularly concerned by the school's requirement that students at TWU sign a "community covenant agreement". Our concern is that the covenant requires abstinence from "sexual intimacy that violates the sacredness of marriage between a man and a woman". 1 As you are aware, the covenant further provides that "[if] a student, in the opinion of the University, is unable, refuses or fails to live up to their commitment, the University reserves the right to discipline, dismiss, or refuse a student's readmission to the University."2

The covenant at TWU discriminates on the basis of sexual orientation, contrary to Canadian Charter ofRights and Freedoms and provincial human rights legislation. While heterosexual students are permitted to practice sexual intimacy within marriage, the definition of marriage in the covenant excludes same-sex marriage. Non-heterosexual couples are singled out by the covenant, and are barred from sexual intimacy while attending TWU at the risk of expulsion.

1Trinity Western University Community Covenant Agreement at page 3, available online: ~rinity Western University Student Handbook, Student Accountability Process, online: ~ 8 !l I "

TWU's definition of marriage deprives LGBT students of rights that others enjoy, and is therefore discriminatory.

We are concerned about the suitability ofTWU as forum for legal education. Law schools are to propagate the values of the Canadian legal system, including the values set out in the Canadian Charter ofRights and Freedoms. While the Charter may not apply to private schools such as TWU, all law schools should seek to uphold it. TWU maintains a discriminatory covenant that marginalizes individuals on the basis of sexual orientation, contrary to the Charter and provincial human rights legislation. It is evident that policies at TWU contradict the values of the Canadian legal system. We conclude that the school would fail to provide a balanced legal education.

Furthermore, the effect of the covenant on all non-heterosexual students is unacceptable. It sends a message that LGBT students are not welcome within the TWU community. As explained by Justice L'Heureux-Dube in 2001, you cannot "separate condemnation ofthe 'sexual sin' of 'homosexual behaviour' from intolerance of those with homosexual or bisexual orientations ... [In] the words of the intervener EGALE, '[r]equiring someone not to act in accordance with their identity is harmful and cruel. It destroys the human spirit. Pressure to change their behaviour and deny their sexual identity has proved tremendously damaging to young persons seeking to come to terms with their sexual orientation' (factum, at para. 34)."3 TWU's claims that the covenant does not prevent non-heterosexual students from attending the University wrongly suggest that it is "possible to condemn a practice so central to the identity of a protected and vulnerable minority without thereby discriminating against its members and affronting their human dignity and personhood."4

We, as current and future lawyers and officers of the court, are committed promoting the values of the Charter within our own practices. We believe that our colleagues should be exposed to a learning environment that fosters the same dedication to equality

Sincerely,

Jill Bishop, JD Candidate (U ofS 2013) Sachia Longo, JD Candidate (U ofS 2013) Ryan Dawodharry, JD Candidate (U ofS 2013) Georges Mouton, LLM (U of S 2011) Sara Hansvall, JD Candidate (U ofS 2013) Marty Wales, LSA President, JD Candidate (U ofS 2013) Heather Hoiness, JD Candidate (U ofS 2013) Dustin Gillanders, JD Candidate (U ofS 2013) ZukhrafBaig, JD Candidate (U ofS 2013) Matthew Straw, JD Candidate (U ofS 2013) Michael Stevens, JD Candidate (U ofS 2013) Kelsey O'Brien, JD Candidate (U ofS 2013) Samuel Edmondson, JD Candidate (U ofS 2014) Steven Robertson, JD Candidate (U ofS 2014)

3 Trinity Western University v. College of Teachers, [2001]1 S.C.R. 772, 2001 S.C.C. 31 (at para 69). 4 Ibid. 185

Jane Basinski, JD Candidate (U ofS 2013) Janelle Anderson, JD Candidate (U ofS 2014) Leif Jensen, JD Candidate (U ofS 2014) Lore lie Binnion, JD Candidate (U of S 20 15) Sean T. Foote, JD Candidate (U ofS 2013) Christopher J. Dawson, JD Candidate (U of S 20 13) Jared Biden, JD Candidate (U of S 20 13) Dawid M. Werminski, JD Candidate (U ofS 2013) David James, JD Candidate (U of S 20 13) Hannah Bergen, JD Candidate (U ofS 2013) Logan Kachur, JD (U ofS 2012) Peter Kazman, JD (U of S 20 12) Carolyn Cyfra, JD Candidate (U ofS 2013) Galen Richardson, JD Candidate (U ofS 2014) Stacie Kettel, JD Candidate (U ofS 2014) Loree Gillert, JD Candidate (U of S 20 13) Alisha Figley, JD Candidate (U of S 20 13) Kevin Rosales, JD Candidate (U ofS 2013) Karin Blok, JD (U ofS 2012) Stephen M. Muchena, JD (U ofS 2012) Matthew Rahman, JD Candidate (U ofS 2013) Nicole Cargill, JD Candidate (U ofS 2014) Manpreet Brar, JD Candidate (U ofS 2013) Alex Morrison, JD Candidate (U of S 2014) Mark Kopitar, JD Candidate (U ofS 2014) Thomas McNerney, JD Candidate (U ofS 2013) Joshua Steele, JD Candidate (U ofS 2013) Siobhan Morgan, JD Candidate (U ofS 2014) Matthew Fox, JD Candidate (U ofS 2015) Michael Adams, JD Candidate (U of S 20 15) Kerry-Anne Holmes, JD Candidate (U of S 20 15) Ida Mirzadeh, JD Candidate (U of S 20 15) Kathleen McLean, JD Candidate (U ofS 2014) Richika Bodani, JD Candidate (U ofS 2014) Colton Fehr, JD Candidate (U of S 20 13) Tovah Moffat, JD Candidate (U ofS 2015) Stephanie Laskoski, JD Candidate (U of S 20 14) Katelyn Rattray, JD Candidate (U ofS 2015) Mackenzie Tulloch, JD Candidate (U of S 20 15) Kristen Hubbard, JD Candidate (U of S 20 15) Calen Nixon, JD Candidate (U ofS 2014) Stefanie Kingsbury , JD Candidate (U of S 20 15) Tina Machell, JD Candidate (U ofS 2014) Elizabeth Ulmer, JD Candidate (U ofS 2013) Caolan Lemke, JD Candidate (U of S 20 15) Jonathan Stockdale, JD Candidate (U of S 20 13) 186

Benjamin Rakochy, JD Candidate (U ofS 2014) Lerissa Thaver, JD Candidate (U of S 2013) Devin Beaton, JD Candidate (U of S 20 14) Kathy He, JD Candidate (U ofS 2014) Rajan Bath, JD Candidate (UBC 2014) Kimberly Chatfield, JD Candidate (U ofS 2014) David Piche, JD Candidate (U of S 20 15) Patrick Hopf, JD Candidate (U ofS 2014) Katelyn Sheehan, JD Candidate (U of S 20 15) Amelia Lowe-Muller, JD Candidate (U ofS 2015) Robin Burlingham, JD (U ofS 2012) Keira Lintz, JD Candidate (U ofS 2014) Theresia Cooper, JD Candidate (U of S 20 15) Rachel A. Snow, JD Candidate (U ofS 2013) Erica Tang, JD Candidate (U of S 20 15) Glen Nesbitt, JD Candidate (U ofS 2013) Kevin Hoy, JD Candidate (U ofS 2014) Meagan Weber, JD Candidate (U ofS 2014) Janice Charnstrom, JD Candidate (U ofS 2014) Chelsie McKay, JD Candidate (U ofS 2015) Lindsey Sheppard, JD Candidate (U ofS 2014) Susan L. Hayton, MD FRCSC JD (U ofS 2011) James B. Edgar, JD Candidate (U ofS 2015) Tanya Kent, JD Candidate (U ofS 2015) Jessica Nelson, JD Candidate (U ofS 2014) Andrew Restall, JD Candidate (U ofS 2013) Danika Lightning, JD Candidate (U of S 20 15) Grace Waschuk, JD Candidate (U ofS 2015) Katherine E. Pintye, JD Candidate (U ofS 2013) Tyler Nightingale, JD Candidate (U ofS 2013) Daniel Pagan, JD Candidate (U of S 20 15) Ryan Nagel, JD Candidate (U ofS 2015) Jacob Young, JD Candidate (U ofS 2015) Amanda Baron, JD (U ofS 2012) Priscila Tamara Padilla, JD Candidate (U of S 20 15) Tyler Arnold, JD Candidate (U ofS 2014) Micah Kowalchuk, JD Candidate (U ofS 2013) Kevin Miller, JD (U of S 2011) Breanne Lothian, JD Candidate (U of S 20 15) Alexandra Fox, JD Candidate (U of S 2013) Graham Quick, JD Candidate (U of S 20 15) Ryan Kitzul, JD Candidate (U ofS 2013) Samantha MacKinnon, JD Candidate (U of S 2014) Mohammad Hajivandi, JD Candidate (U ofS 2015) Clark Hartnett, JD Candidate (U ofS 2014) Rochelle Blocka, JD Candidate (U of S 20 15) 187

Patrick J McKenna, JD Candidate (U of S 2014) Elise Calvert, JD Candidate (U of S 2014) Sean Galloway, JD Candidate (U ofS 2015) Celia Ngo, JD Candidate (U ofS 2014) Megan Lorenz, JD Candidate (U ofS 2013) Peter Lavelle, JD Candidate (U of S 20 13) Scott Allen, JD Candidate (U of S 20 13) Sarah Miller, JD Candidate (U ofS 2014) Fanny Deng, JD Candidate (U ofS 2013) Sandra Ilic, JD Candidate (U of S 20 13) Dustin Patzer, JD Candidate (U ofS 2013) Karla Brunette, JD Candidate (U ofS 2013) Lindsey Cybulskie, JD Candidate (U ofS 2014) Desiree Lalonde, JD Candidate (U of S 20 15) Breanna Needham, JD Candidate (U ofS 2015) Leanne Alport, JD Candidate (U ofS 2013) Hayden McGuire, JD Candidate (U ofS 2013) Graham Christie, JD Candidate ( U ofS 2014) Brooklyn Thorpe, JD Candidate (U of S 20 15) Lincoln Crooks, JD Candidate ( U ofS 2013) Milad Alishahi, JD Candidate (U of S 2013) Lauren Ignacz, JD (U ofS 2012) Kara Moen, JD Candidate (U of S 20 15) Robert Chapman, JD Candidate (U of S 20 15) Darby Bachynski, JD Candidate (U ofS 2012) Tara Dattani, JD Candidate (U ofS 2013) Tricia Kennedy, JD Candidate (U of S 20 15) Brandon Moore, JD Candidate (U ofS 2013) Aleksandra Gracia, PhD, JD Candidate (U ofS 2014) Andrea Pearson, JD Candidate (U ofS 2013) Ada Tang, JD Candidate (U ofS 2013) Lindsay Hill, JD Candidate (U ofS 2014) Paul Kangles, JD Candidate (U of S 20 13) Michael Ramsay, JD Candidate (U ofS 2013) Shawn Heinz, JD Candidate (U of S 20 15) Meghan Vanderkuur, JD Candidate (U of S 20 15) Carly Romanow, JD Candidate (U ofS 2014) Taylor Carson, JD Candidate (U of S 20 15) Erica Bush, JD Candidate (U of S 20 15) Jessica D. Buhler, JD Candidate (U ofS 2014) Emily Denstedt, JD Candidate (U ofS 2014) Leslie Welsh, JD Candidate (U ofS 2015) Katherine Melnychuk, JD Candidate (U ofS 2014) 188

March 12, 2013

Mr. Gerard R. Tremblay, C.M., O.Q., Q.C., Ad. E. President, Federation of Canadian Law Societies grtremblay@mccarthy .ca

Jonathan G. Herman Chief Executive Officer, Federation of Canadian Law Societies [email protected]

Deborah Wolfe, P. Eng. Managing Director, National Committee on Accreditation Director, Law School Programs, Federation of Canadian Law Societies [email protected]

Laurie H. Pawlitza Chair, Federation of Canadian Law Societies Canadian Common Law Program Approval Committee [email protected]

World Exchange Plaza 1810-45 rue O'Connor St. Ottawa, Ont. K1 P 1A4

Dear Sirs and Mesdames,

Re: Trinity Western University School of Law Proposal

We are current students from the University of Victoria, Faculty of Law. We are writing to express our apprehension with respect to the application by Trinity Western University (TWU) to establish a law school. In particular, we are concerned with the requirement for students to sign and abide by a "community covenant agreement" as part of the application process for all students attending TWU. As you are aware, the covenant requires abstinence from "sexual intimacy that violates the sacredness of marriage between a man and a woman." It further provides that "[if] a student, in the opinion of the University, is unable, refuses or fails to live up to their commitment, the University reserves the right to discipline, dismiss, or refuse a student's readmission to the University." 189

The covenant explicitly discriminates on the basis of sexual orientation. Heterosexual couples have the option of marrying and thus are no longer required to abstain from sexual intimacy in order to comply with the covenant. Non-heterosexual couples, however, are treated differently. Intimacy within their legally-recognized marriages will still violate the covenant and put them at risk of expulsion.

We have serious concerns about the ability of TWU to provide a balanced and equality-focused legal education. We are wary of students' ability to remain independent and appropriately value-oriented in such an environment. Law schools are meant to propagate the values of the Canadian legal system, which includes the Canadian Charter of Rights and Freedoms. By definition, such a covenant contradicts these very values. They exclude and marginalize already frequently oppressed peoples. While the Charter may not apply to Trinity Western University because it is a private university, all law schools should nonetheless attempt to uphold it.

Furthermore, the effect of the covenant on non-heterosexual students, not just those who are married, is unacceptable as it sends the message that LGBT students are not welcome within the TWU community. As explained by Justice L'Heureux-Dube in 2001, you cannot "separate condemnation of the 'sexual sin' of 'homosexual behaviour' from intolerance of those with homosexual or bisexual orientations ... [In] the words of the intervener EGALE, '[r]equiring someone not to act in accordance with their identity is harmful and cruel. It destroys the human spirit. Pressure to change their behaviour and deny their sexual identity has proved tremendously damaging to young persons seeking to come to terms with their sexual orientation' (factum, at para. 34)."1 TWU's claims that the covenant does not prevent non-heterosexual students from attending the University wrongly suggest that it is "possible to condemn a practice so central to the identity of a protected and vulnerable minority without thereby discriminating against its members and affronting their human dignity and personhood."2

We, as future lawyers and officers of the court, are committed to equality and promoting the values of the Charter within our own practices. We believe that our colleagues should be exposed to a learning environment that fosters the same.

Yours sincerely,

Julie DeWolf, LSS Vice President Internal, J.D. Candidate (UVic 2013) Nicholas McDonald, LSS Indigenous Law Students Association Representative, J.D. Candidate (UVic 2015) John Bullock, J.D. Candidate (UVic 2015) Kristen Withers, J.D. Candidate (UVic 2015)

1 Trinity Western University v. College of Teachers, [2001] 1 SCR 772, 2001 SCC 31 (at para 69). 2 /bid. 190

Kaley Dodds, J.D. Candidate (UVic 2013) Alixandra Stoicheff, J.D. Candidate (UVic 2014) Nicole (Niki) Bresser-Freeborn, J.D. Candidate (UVic 2013) Emily Rathbone, LSS Treasurer, J.D. Candidate (UVic 2014) Zack Myers, J.D. Candidate (UVic 2013) Yianni Pappas-Acreman, LSS Co-op Representative, J.D. Candidate (UVic 2014) Teio Senda, J.D. Candidate (UVic 2014) Matthew Nefstead, J.D. Candidate (UVic 2013) Amanda Macdonald, J.D. Candidate (UVic 2013) Michelle Zakrison, J.D. (uOttawa), LL.M. Candidate (UVic 2013) Alyssa Holland, J.D. Candidate (UVic 2013) Rosie Jacobs, J.D. Candidate (UVic 2015) Victoria More, J.D. Candidate (UVic 2015) Hanna Davis, J.D. Candidate (UVic 2015) Jackie Fry, J.D. Candidate (UVic 2014) Erin Gray, J.D. Candidate (UVic 2015) Liam McClure, J.D. Candidate (UVic 2015) Timothy Quirk, J.D. Candidate (UVic 2013) Viktoriya Byelorus, J.D. Candidate (UVic 2013) Jacqueline Gant, J.D. Candidate (UVic 2014) Stephen Rollins, J.D. Candidate (UVic 2013) Caitlin Sehon, J.D. Candidate (UVic 2015) Andrew Buckley, J.D. Candidate (UVic 2015) Kate Feeney, President of the Environmental Law Club, J.D. Candidate (UVic 2013) Siddharth Akali, LSS Equity Rep, J.D. Candidate (UVic 2014) John Sparks, J.D. Candidate (UVic 2015) Alison Wake, J.D. Candidate (UVic 2015) Cassandra Paterson, J.D. Candidate (UVic 2014) Sarah Ure, J.D. Candidate (UVic 2014) Michael Matier, J.D. Candidate (UVic 2015) Lavender Lee Martin, J.D. Candidate (UVic 2015) Devon Black, J.D. Candidate (UVic 2014) Shannel Rajan, J.D. Candidate (UVic 2013) Clayton Greenwood, J.D. Candidate (UVic 2014) Brittney LaPietra, J.D. Candidate (UVic 2014) Mika Banerd, LSS 3rd Year Representative, J.D. Candidate (UVic 2013) Anna Sara, J.D. Candidate (UVic 2015) Robert Brian DOl, MBA, J.D. Candidate (UVic 2015) Brittany Gaud, J.D. Candidate (UVic 2013) Meg han Forhan, President of the Canadian Association of Refugee Lawyers UVic Branch, J.D. Candidate (UVic 2014) Ashley Jacobs, J.D. Candidate (UVic 2013) 191

Amanda Aziz, Law Faculty Council Student Representative (3rd Year), J.D. Candidate (UVic 2013) Katharine Rejminiak, J.D. Candidate (UVic 2015) Carlie Cromlish, LSS Social Coordinator, J.D. Candidate (UVic 2014) Graham Buchanan, J.D. Candidate (UVic 2014) Lauryn Kerr, J.D. Candidate (UVic 2015) Michael Williams, J.D. Candidate (UVic 2015) Emma Vallance, J.D. Candidate (Uvic 2015) Robin Havelaar, J.D. Candidate (UVic 2013) Caroline Lee, J.D. Candidate (UVic 2015) Samuel Dauch, J.D. Candidate (UVic 2015) Jessica Hames, J.D. Candidate (UVic 2015) Sarah Jones, J.D. Candidate (UVic 2015) Justine Dyck, J.D. Candidate (UVic 2014) Jasmine Keener, J.D. Candidate (UVic 2013) John Pratt, J.D. Candidate (UVic 2015) Allen Peabody, J.D. Candidate (UVic 2015) Sonya Hope, J.D. Candidate (UVic 2014) Kaitlyn Chewka, J.D. Candidate (UVic 2014) Marian Foucault, J.D. Candidate (UVic 2013) Dessa Nguyen, J.D. Candidate (UVic 2014) Jacqueline Nelson, J.D. Candidate (UVic 2014) Rebecca Kantwerg, J.D. Candidate (UVic 2015) James Billingsley, J.D. Candidate (UVic 2014) Stephen Whibbs, J.D. Candidate (UVic 2015) Cody Reedman, J.D. Candidate (UVic 2014) Cole Caljouw, J.D. Candidate (UVic 2015) Brandy O'Ferrall J.D. Candidate (UVic 2013) Kelly Urbinsky, J.D. Candidate (UVic 2014) Cynthia Khoo, President of the Intellectual Property, Information & Technology Law Club, J.D. Candidate (UVic 2014) Dr. Ian Trimble, J.D. Candidate (UVic 2015) Madeleine Hayes, J.D. Candidate (UVic 2015) Kimberley Nusbaum, J.D. Candidate (UVic 2014) Ashley Caron, J.D. Candidate (UVic 2014) Matt Hulse, J.D. Candidate (UVic 2015) Kirsten Snell, J.D. Candidate (UVic 2014) Jamie Myrah, LSS Second Year Representative, J.D. Candidate (UVic 2014) Mae Price, J.D. Candidate (UVic 2015) Benjamin Bruce Warnsby, J.D. Candidate (UVic 2014) Laura Faryna, J.D. Candidate (UVic 2014) Jacob Axelrod, J.D. Candidate (UVic 2015) il {} "'!> ~JL

Laura Mischuk, J.D. Candidate (UVic 2015) Amelja Zoehner, J.D. Candidate (UVic 2013) Chris Dennehy, J.D. Candidate (UVic 2015) Zoe Roberts, LSS Health and Wellness Representative, J.D. Candidate (UVic 2014) Patrick Reed, J.D. Candidate (UVic 2015) Shari Willis, J.D. Candidate (UVic 2015) Hana Laura Yamamoto, J.D. Candidate (UVic 2013) Jillian Dean, J.D. Candidate (UVic 2015) Mark Reynolds, J.D. Candidate (UVic 2014) Stuart McAlister, President of the Sports & Entertainment Law Club, J.D. Candidate (UVic 2014) Kristin Maclean, J.D. Candidate (UVic 2014) Deanna Karbasion, J.D. Candidate (UVic 2014) Peter Duncan, J.D. Candidate (UVic 2013) Cassidy Thomson, J.D. Candidate (UVic 2015) Katie Peardon, J.D. Candidate (UVic 2015) Sally Paddock, M.T.S., J.D Candidate (UVic 2014) Bradley Eidsness, MBA, J.D. Candidate (UVic 2015) Sean Tevlin, J.D. Candidate (UVic 2015) Kelsey Lavoie J.D. Candidate (UVic 2015) Sean Dillman (UVic 2015) · Steven N. Carey, J.D. Candidate (UVic/UCalgary 2013) Joanna Lehrer, J.D. Candidate (UVic 2013) Brian Beitz, J.D. Candidate (UVic 2015) Jas Sangra, J.D. Candidate (Uvic 2014) Kaylee Apostoliuk, J.D. Candidate (JD Candidate 2013) Haydn Shook, J.D. Candidate (Uvic 2013) "93I . wv!~~~~ y ~~u-.I.GIw"""'"u" '""""'"" 1 Monday, March 18 h 2013 Ottawa, Ontario

Mr. Gerard R. Tremblay, C.M., O.Q., Q.C., Ad. E. President, Federation of Canadian Law Societies grtremblay@mccarthy .ca

Jonathan G. Herman Chief Executive Officer, Federation of Canadian Law Societies [email protected]

Deborah Wolfe, P. Eng. Managing Director, National Committee on Accreditation Director, Law School Programs, Federation of Canadian Law Societies [email protected]

Laurie H. Pawlitza Chair, Federation of Canadian Law Societies Canadian Common Law Program Approval Committee lpaw litza@torkinmanes. com

World Exchange Plaza 1810-45 rue O'Connor St. Ottawa, Ont. KIP 1A4

Dear Sirs and Mesdames,

Re: Trinity Western University School of Law Proposal

Recently, several articles have been published in The National Post debating the appropriateness of creating a law school at the private Christian university, Trinity Western. The Canadian Council of Law Deans (CCLD), many law professors, legal practitioners, and student organizations have already spoken out against establishing such a law school. There has also been a great deal of support for Trinity­ Western's proposal. A decision on the issue will be made soon.

As members of uOttawa OUTLaw, the LGBTQ student society at the University of Ottawa Faculty of Law, we would like to offer our thoughts on this contentious issue.

There are many things to commend about Trinity Western University. While much of the debate has focused on negative aspects of their Community Covenant Agreement, it is worth noting that this Covenant promotes positive values as well, and specifically asks that is signatories refrain from any form of harassment or discrimination. This Covenant has evolved over the years since Trinity Western was founded, to better reflect the changing norms and attitudes of Canadian society. Ultimately, the Covenant still retains several provisions that inherently discriminate against LGBTQ students, faculty, and staff.

As law students, and particularly as LGTBQ law students, many of us feel that we would not be welcomed in an environment such as the one fostered at TWU through this Covenant. Law school is UTL~W M>dAIIon d« ttudbnts LGBTQ en droit de l'uOtt•wa uOtu.,.':I.I.CiriQ l.aw Stu.JcntJ' AMOdatlon already an intensely competitive, stressful experience, and no student needs the added stress of being explicitly discriminated against by the codes of their institution. At the University of Ottawa, we have felt nothing but support and acceptance from our faculty and staff. We believe that this has had a direct impact on our success at law school. Our colleagues across the country should be afforded the same opportunity. We are concerned that this would not be the case at TWU, where all faculty and staff are required to sign the Covenant.

While the Supreme Court clarified in Trinity Western University v British Columbia College ofTeachers, [200 1] 1 S.C.R. 772, 2001 SCC 31 that a discriminatory environment will not necessarily produce discriminatory teachers, we are still concerned that the Covenant institutionalizes discrimination against the LGBTQ community, and that a discriminatory university environment would be detrimental to LGBTQ law students, the general student population, and the public at large.

We recognize that the Covenant as a whole promotes many positive values. There remain several problematic provisions. Section 3, "Community Life at TWU" requires students to abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman." 1 Section 4, "Areas for Careful Discernment and Sensitivity" states that "sexual intimacy is reserved for marriage between one man and one woman, and within that marriage bond it is God's intention that it be enjoyed as a means for marital intimacy and procreation."2 The references to the marital union of one man and one woman exclude trans* identified people, polyamorous relationships, other forms of nonmonogamy, unmarried same-sex couples, married same-sex couples, any other form of sexual expression-effectively rendering LGBTQ families and marginalized sexualities invisible.

In the twelve years since TWU v BCCT (200 1), much has changed in the law surrounding same-sex relationships. Same-sex marriage has been legalized in Canada. Same-sex couples are able to adopt children in many parts of the country, and three-parent families have been recognized in certain court decisions. We believe that a law school cannot provide a complete legal education of these concepts while simultaneously requiring its students, faculty and staff to sign an agreement that denigrates them.

Regardless of whether it is enforced, the Covenant is a significant symbolic document for the university. The Covenant makes it known to everyone who wishes to enter the TWU community that LGBTQ students and families will not be deemed equals. The Covenant not only effectively permits institutionalized discrimination against those members of the TWU community, it promotes such discrimination.

Our principle concern is that a law school at TWU would create a discriminatory academic environment for potential LGBTQ students, and send a negative message about the legal status of the LGBTQ community more broadly. As currently written, the Covenant creates a distinction between LGBTQ students, faculty and staff, and their straight counterparts. We believe that an environment free from such discrimination and inequality is fundamental to the well-being of an academic community, and the legal profession.

Sincerely,

University of Ottawa OUTLAW Executive

1 Trinity Western University Community Covenant Agreement at page 3, available online: 2 Ibid at page 4 195

Le lundi 18 mars 2013 Ottawa, Ontario

M. Gerard R. Tremblay, CM, OQ, QC, Ad E President, Federation des ordres professionnels de juristes du Canada grtremblay@mccarthy .ca

M. Jonathan G. Herman Premier dirigeant, Federation des ordres professionnels de juristes du Canada [email protected]

Mme Deborah Wolfe, ing Directrice de !'exploitation, Comite national sur les equivalences des diplomes en droit Directrice des programmes des facultes de droit, Federation des ordres professionnels de juristes du Canada [email protected]

Mme Laurie H. Pawlitza Presidente du Comite d'agrement des programmes d'etudes en common law canadiens, Federation des ordres professionnels de juristes du Canada lpaw litza@torkinmanes .com

World Exchange Plaza 45, rue O'Connor, bureau 1810 Ottawa (Ontario) KIP 1A4

Sujet: Demande quanta Ia mise en reuvre d'une faculte de droit a l'Universite Trinity Western

Cheres Mesdames, Chers Messieurs,

Plusieurs articles ont recemment ete publies dans le National Post qui portent sur debat quant a la pertinence de la mise en reuvre d'une nouvelle faculte de droit a l'universite privee chretienne, Trinity Western. Le Conseil canadien des doyens en droit, de nombreux professeures et professeurs de droit, des juristes et des organisations estudiantines se sont deja prononces contre l'etablissement d'une telle ecole de droit. En revanche, il y a egalement un certain soutien important appuyant la proposition de Trinity Western. Cela etant, une decision sur la question sera bientot faite.

En tant que membres de OUTlaw de l'Universite d'Ottawa, !'association des etudiantes et etudiants LGBT de la Faculte de droit de l'Universite d'Ottawa, nous tenons a partager nos reflexions sur cette question controversee.

Il ne fait pas doute qu'il y a certaines qualites tres remarquables et appreciables a l'Universite Trinity Western. Bien qu'une partie importante du debat porte sur les aspects nefastes de !'entente sur la convention collective communautaire, il convient a noter que la presente convention promeut egalement des valeurs admirables, et sollicite expressement que les signataires s'abstiennent de toute forme 196

d'harcelement ou de discrimination. Cette convention a evolue au fil des ans depuis la fondation de Trinity Western afin de mieux refleter le progres des normes et des attitudes de la societe canadienne. Cependant, il reste que la convention dispose toujours de certaines dispositions intrinsequement discriminatoires a l'egard des etudiantes et etudiants, des professeures et professeurs, ainsi que et des membres du personnel appartenant a la communaute LGBT.

En tant qu'etudiantes et etudiants en droit s'identifiant ala communaute LGBT, une grande part d'entre nous opine que nous ne serions pas accueillis dans un environnement tel que celui a VTW de par la convention qui lui est rattachee. Les etudes en droit engendrent deja plusieurs stresses, et aucun etudiante ou etudiant ne devrait etre assujetti a un stress supplementaire occasionne par des reglements scolaires qui promeuvent de la discrimination au sein de son institution academique. A l'Universite d'Ottawa, l'esprit d'ouverture, d'inclusion et d'acceptation du corps professoral et du personnel de soutien fait en sorte que nous nous sentions bienvenus et apprecies ala Faculte de droit. Nous estimons avec raison que cela a indeniablement un impact profond sur notre succes ala Faculte de droit. De par ce fait, nous crayons que tous nos collegues au Canada devraient jouir de cette meme occasion, soit de connaitre des veritables succes dans un environnement respectueux, propice a l'epanouissement de toutes et de tous. Malheureusement, nous craignons que ce ne serait pas le cas a VTW, ou tous les professeures et professeurs, ainsi que personnel de soutien sont tenus a signer la convention.

Bien que la Cour supreme du Canada a precise dans Universite Trinity Western c British Columbia College ofTeachers, [2001] 1 RCS 772, 2001 CSC 31, qu'un un environnement discriminatoire ne formerait pas forcement des enseignants discriminatoires, nous sommes neanmoins preoccupes par le fait que la convention sert a institutionnaliser la discrimination contre de la communaute LGBT, et qu'un tel milieu universitaire serait prejudiciable aux etudiantes et etudiants LGBT en droit, a la population etudiante en general et au grand public.

Nous reconnaissons que la convention dans son ensemble favorise de nombreuses valeurs admirables. Toutefois, certaines dispositions problematiques s 'y trouvent toujours. Selon la section 3: «La vie communautaire a l'UTW», les etudiantes et etudiants doivent s'abstenir de « l'intimite sexuelle qui viole le caractere sacre du mariage entre un homme et une femme. » 3 La section 4, «Domaines de discemement attentif et de sensibilite» stipule que «l'intimite sexuelle est reservee pour le mariage entre un homme et une femme, et que dans le cadre de cette relation se trouve !'intention de Dieu que le mariage soit apprecie en tant que moyen propice a l'intimite conjugale eta la procreation. »4 On ne peut faire fi que ces definitions portees a l'union conjugale entre un homme et une femme excluent a la fois les personnes qui s'identifient en tant que trans*, les relations polyamoureuses, d'autres formes de non monogamie, des couples homosexuels non maries, des couples homosexuels maries, ainsi toute autre forme d'expression sexuelle, chose qui rend invisibles les couples LGBT et autres minorites sexuelles marginalisees.

Au cours des douze annees ecoulees depuis Universite Trinity Western c British Columbia College of Teachers (200 1), plusieurs changements importants quant aux relations homosexuelles ont ete adoptes par le droit canadien. D'abord, le mariage homosexuel a ete Iegalise au Canada. Ensuite, les couples homosexuels peuvent maintenant adopter des enfants dans de nombreuses regions au pays, et des families « triparentales » ont ete reconnues par certaines juridictions. Certes, nous croyons qu'une institution academique de droit ne serait pas en mesure d'offrir ala fois une veritable educationjuridique

3 [TRADUCTION] L'entente sur Ia convention collective communautaire de I'Universite Trinity Western a Ia page 3, disponible en ligne: . 4 [TRADUCTION] Ibid a Ia page 4. 1 t(l I . I

complete quant a ces derniers concepts, tout en exigeant que ses etudiantes et etudiants, professeures et professeurs, et employees et employes signent une convention qui denigre ceux-la.

Peu importe si elle est appliquee en pratique, la convention est un document important, voire de valeur symbolique, pour l'Universite. Elle fait valoir l'idee que les etudiantes et etudiantes et les families LGBT qui souhaitent frequenter l'Universite Trinity Western ne sont pas sur le meme pied d'egalite par rapport aux autres. Qui plus est, la convention permet non seulement la discrimination institutionnalisee contre les membres de la communaute LGBT de l'UTW, elle favorise une telle discrimination.

Notre principale preoccupation est qu'une faculte de droit a l'UTW creerait un environnement academique discriminatoire pour les etudiantes et etudiants potentiels appartenant a la communaute LGBT, et enverrait un message nefaste au sujet du statut legal et juridique de la communaute LGBT en general. Comme i1 est actuellement stipule, la convention distingue expressement entre les etudiantes et etudiants, professeures et professeurs, employees et employes LGBT, et leurs homologues heterosexuels. C' est pourquoi nous tenons a souligner fermement notre position qu'un esprit qui vise un environnement sans discrimination et sans inegalites est fondamental au bien-etre d'une communaute universitaire et a 1' exercice de la profession juridique.

Veuillez recevoir, Mesdames, Messieurs, !'expression de nos sentiments les plus sinceres.

Le comite executif de OUTLAW de l'Universite d'Ottawa

Endorsed By/Appuye par:

University of Ottawa Association of Women and the Law Canadian Lawyers for International Human Rights (University of Ottawa Chapter) University of Ottawa Black Law Students Association University of Ottawa Law Union Steering Committee University of Ottawa South Asian Law Students' Association

1. Allison Vanek, J.D. Candidate 2014 (University of Ottawa, Common Law) 2. Christien Levien, J.D. Candidate, 2014 (University of Ottawa, Common Law) 3. Matthew Ponsford, J.D. Candidate, 2015 (University of Ottawa, Common Law) 4. Martin Soudek, J.D. Candidate, 2013 (University of Ottawa, Common Law) 5. Eric C Girard. JD Candidate, 2013 (University of Ottawa, Common Law) 6. Eva DiGiammarino, JD Candidate, 2014 (University of Ottawa, Common Law) 7. Guida Heir, JD Candidate 2015 (University of Ottawa, Common Law) 8. Catherine Pitre, JD Candidate 2013 (University of Ottawa, Common Law) 9. Tamera Burnett, JD Candidate 2013 (University of Ottawa, Common Law) 10. Kelsey Lange, JD Candidate 2013 (University of Ottawa, Common Law) II. Andrew T Bigioni, JD Candidate 2014 (University of Ottawa, Common Law) 12. Devanne O'Brien, JD Candidate 2013 (University of Ottawa, Common Law) 13. Yannick Michaud, Candidat au JD 2013 (Universite d'Ottawa, Common Law) 14. Chiem Eskicioglu, J.D., Called to Ontario Bar 2012, Ottawa 15. Colin Holland, JD Candidate 2013 (University of Ottawa, Common Law) 16. de Lotbiniere Lederman, JD Candidate 2015 (University of Ottawa, Common Law) 17. Amanda Dam, JD Candidate 2013 (University of Ottawa, Common Law) 198

18. Bill Michelson, JD Candidate 2014 (University of Ottawa, Common Law) 19. Miriam Martin, JD Candidate 2014 (University of Ottawa, Common Law) 20. Rob Back, Undergraduate 2013 (University of Ottawa, English) 21. Jaime Lefebvre, JD Candidate 2014 (University of Ottawa, Common Law) 22. Heidi Mitchell, JD Candidate 2013 (University of Ottawa, Common Law) 23. Peter Reinitzer, JD Candidate 2014 (University of Windsor) 24. Collin Fletcher, JD Candidate 2013 (University of Ottawa, Common Law) 25. Joseph Jacques, JD Candidate 2014 (University of Ottawa, Common Law) 26. Stephane C. Erickson, Candidat aux J.D. & LL.L. Candidate (Programme de droit canadien, Universite d'Ottawa) 27. Melissa M. VanderHouwen, J.D. Candidate 2014 (University of Ottawa, Common Law) 28. Chris Rudnicki, JD Candidate 2014 (University of Windsor) 29. Suzanne Dunn, JD Candidate 2015 (University of Ottawa, Common Law) 30. Mayoori Malankov, J.D. Candidate 2015 (University of Ottawa, Common Law) 31. Jael Duarte, candidate aux J.D. & LL.L. Candidate (Programme de droit canadien, Universite d'Ottawa) 32. Reginald A. Brown, J.D. Candidate 2013 (University of Ottawa, Common Law) 33. Andrew Kaikai, JD Candidate 2015 (University of Ottawa, Common Law) 34. Lindsay J Chan, JD Candidate 2014 (University of Ottawa, Common Law) 35. Kevin Hill, JD Candidate 2015 (University of Ottawa, Common Law) 36. Christina Garisto, JD Candidate 2013 (University of Ottawa, Common Law) 37. Emily Beveridge, JD Candidate 2015 (University of Ottawa, Common Law) 38. Anna Oroianu, JD Candidate 2014 (University of Ottawa, Common Law) 39. Braek Urquhart, JD Candidate 2015 (University of Ottawa, Common Law) 40. Blaise Power, JD Candidate 2015 (University of Ottawa, Common Law) 41. Albert Chiu, JD Candidate 2015 (University of Ottawa, Common Law) 42. Bryan Smits, JD Candidate 2015 (University of Windsor, University of Detroit Mercy) 43. Elaine Warner-Laxton, BA, B.Ed, OCT. 44. Shawna Labadie, JD Candidate 2014 (University of Windsor) 45. Amy Jackson, JD Candidate 2014 (University of Ottawa, Common Law) 46. Heather Salter, OCT, JD Candidate 2015 (University ofWindsor) 47. Shaun Singh, JD Candidate 2015 (University of Ottawa, Common Law) 48. Glen Yamashita, JD Candidate 2014 (University ofWindsor) 49. Cadence Berry, ITIL, PMP- Director ofMarketing and Public Sector Sales at Chelsea Group (University of British Columbia, 2009) 50. Michelle Thomarat, JD Candidate 2014 (University of Ottawa, Common Law) 51. Salome Fernandez, JD Candidate 2014 (University of Ottawa, Common Law) 52. Katelyn Echlin-Scorer, JD Candidate 2015 (University ofWindsor) 53. Sirat Aman, JD Candidate 2014 (University of Ottawa, Common Law 54. A. Jacob Pollice, JD Candidate 2013 (University of Ottawa, Common Law) 55. Erika MacLeod, JD Candidate 2013 (University of Ottawa) 56. Nerissa Yan, JD Candidate, 2015 (University of Ottawa, Common Law) 57. Paula Krawus JD/LLL Candidate, 2015 (University of Ottawa, Common/Civil Law) 58. Kate Ross, JD Candidate, 2014 (University of Ottawa, Common Law) 59. Josh Zelikovitz, JD Candidate, 2015 (University of Windsor) 60. Nicholas Hersh, JD/LLL Candidate, 2013 (Universite d'Ottawa) 61. Michael Molas, JD Candidate, 2014 (University of Ottawa, Common Law) 62. Chen Che, JD Candidate, 2014 (University of Ottawa, Common Law) 199

63. Jennifer Sweitzer, JD Candidate, 2014 (University Of Ottawa, Common Law) 64. Angel Paniagua Perez, RN 65. Mikaila Greene, JD 2012 (University of Ottawa) 66. Michael McHugh, JD Candidate, 2014 (University of Ottawa, Common Law) 67. Jeremy Tiger, JD Candidate, 2014 (University of Ottawa, Common Law) 68. Sarah Wouters, JD Candidate, 2015 (University of Ottawa, Common Law) 69. Brittany Whalen, JD Candidate, 2015 (University of Ottawa, Common Law) 70. Kim Cahill, French Non-degree program (Universite Sainte Anne) 71. Bayly Guslits, JD Candidate, 2014 (University of Ottawa, Common Law) 72. Sarah Maude Adams, MSW 2011 (McGill University) 73. Courtney Allan, JD Candidate, 2013 (University of Ottawa, Common Law) 74. Anne-Laure Bastide, Masters Degree 2010, (Queen's University) 75. Richard Scott, JDILLL Candidate, 2013 (University of Ottawa) 76. Nadia Lefter, LLM Candidate, 2013 (Essex) 77. Vilma Radfar, JD Candidate, 2015 (University of Ottawa, Common Law) 78. Meaghan McMahon, JD Candidate, 2014 (University of Ottawa, Common Law) 79. Mary Kapron, JD Candidate, 2015 University of Ottawa, Common Law 80. Renee Saviour, BEd. OCT 1998 Ontario Institute for Studies in Education 81. Michelle Carlesimo, JD Candidate,2014 (University of Ottawa, Common Law) 82. Patrick Antila, BA 2015 (McMaster University) 83. Pierre-Alexandre Cardinal, JD Candidate, 2013 (University of Ottawa, Common Law) 84. Alexandra Mackenzie, JD Candidate, 2015 (University of Ottawa, Common Law) 85. Concillia Muonde, JD Candidate, 2013 (University of Ottawa English Common Law) 86. Joanna Berry, JD Candidate, 2015 (University of Ottawa, Common Law) 87. Mark Gill, JD Candidate, 2015 (University of Ottawa, Common Law) 88. Melissa MacDonald Anyan, JD Candidate, 2014 (University of Ottawa, Common Law) 89. Amelia Calbry-Muzka, JD Candidate, 2015 (University of Ottawa, Common Law) 90. Calvin D'Eall, MAin Medical Micro Biology and Immunology 2014 (University of Ottawa) 91. Pamela Bautista, JD Candidate, 2015 (University of Ottawa, Common Law) 92. Mark Trischuk, JD Candidate, 2015 (University of Ottawa, Common Law) 93. Laura Freitag, JD Candidate, 2015 (University of Ottawa, Common Law) 94. Kristina Cooke, JD Candidate, 2015 (University of Ottawa, Common Law) 95. Yves Goguen, PhD Candidate 2015, Universite d'Ottawa 96. Rachel Gannon, Bachelor of Education 2011 (Trent University) 97. Cindy Yi, JD Candidate, 2015 (University of Toronto) 98. Caitlin Steven, JD Candidate, 2015 (University ofToronto) 99. Tanner Oscapella, JD Candidate, 2015 (University of Ottawa, Common Law) 100. Melissa Jean-Baptiste, LL.L Candidate, 2014 (University of Ottawa, Droit Civil) 101. Lucas Ostrowski, JD Candidate, 2015 (University ofOttawa, Common Law) 102. Justine Ajandi, JD Candidate, 2015 (University ofWindsor) 103. Tania Bariteau, JD/LLL Candidate 2015 (University if Ottawa) 104. Esther Mendelsohn, JD Candidate 2015 (University of Windsor) 105. Shaun Jaberolansar, JDILLL Candidate 2013 (University of Ottawa) 106. Jackie Bartlett, JD Candidate 2015 (University ofWindsor) 107. Anna Aminzadeh, JD Candidate 2015 (University of Ottawa, Common Law) 108. Carleigh Taggart, JD Candidate 2013 (University of Ottawa, Common Law) 109. Sam Schachner, JD Candidate 2013 (University of Ottawa, Common Law) 110. Crystal Arbour, JD Candidate 2013 (University ofWindsor) 200

wlliJ..!o~1Y:y ~~u~I.GErfQI•wSn>

This is Exhibit "K" to the Affidavit of Albert Lam, sworn before me this (Ll~ day of June, 2017.

Commissioner for Taking Affidavits

Helen Falbo. a Commissioner. etc .. Province of Ontario. for Goldblatt Partners llP. Barristers and SolicltoJS. Expires November 10. 2018. 202 Out On Bay Street Or s'assume sur Bay Street

March 18, 2014

Law Society of Upper Canada 130 Queen Street West Toronto, ON M5H 2N6

Dear Treasurer and Members of Convocation:

Out On Bay Street is a non-profit organization that provides lesbian, gay, bisexual, transgender, and queer (LGBTQ) law students and young professionals with career development, educational, and networking opportunities, working to help them transition from school to the workplace. It is integral to our mandate to promote inclusive and pro-diversity workplaces and schools for LGBTQ individuals.

We are writing to register our concerns regarding Trinity Western University's (TWU's) proposed law school, given its impacts on our service community and student membership across Canada. TWU's program is currently seeking the approval of the provincial law societies for admission to the bar of each jurisdiction. In Ontario, this is a decision that falls to the Law Society of Upper Canada (LSUC). We have serious reservations about TWU's discriminatory policies towards LGBTQ students and the suitability of TWU as a forum to train future lawyers. We urge you to refuse or qualify TWU's accreditation. We also encourage you to advance an accreditation requirement in Ontario that prevents any accredited law school from discriminating on a constitutionally protected ground, such as sexual orientation.

Central to our concerns is the fact that TWU forces its students to sign a 'Community Covenant Agreement' requiring the student to abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman". 1 Students who do not comply with the agreement may be removed from the university without readmission. 2 The Community Covenant Agreement is inconsistent with the Charter of Rights and Freedoms and provincial human rights legislation. Accrediting a legal studies program that operates under this policy fetters the profession's obligation to serve the public interest.

Over the past year, a number of prominent stakeholders have echoed this sentiment. These include the Canadian Council of Law Deans, 3 the Canadian Bar Association, 4 the Canadian Federation of Students,5 numerous prominent lawyers and academics, law school faculty councils, 6 editorial

1 Trinity Western University Community Covenant Agreement at page 3, available online: 2 Trinity Western University Student Handbook, Student Accountability Process, available online: 3 Canadian Council of Law Deans Letter to the Federation of Law Societies of Canada, November 20, 2012, available online: 4 Canadian Bar Association Letter to the Federation of Law Societies of Canada, March 18, 2013, available online: 5 Canadian Federation of Students Letter to the Federation of Law Societies of Canada, December 19, 2013, available online: 203 boards, 7 and over one thousand law students. 8 They have rightly pointed out that TWU's policies place a de facto quota on the number of law school places available to LGBTQ students. More broadly, they assert that given these discriminatory operating policies, TWU is not an appropriate venue for teaching constitutional law, nurturing legal ethics, or promoting academic freedom. Our agreement with these views is underscored by the fact that many of our LGBTQ student members and colleagues have been subjected to systemic discrimination, exclusion, and hatred related to their sexual orientation. It would be tremendously disheartening to see the legal profession's leadership support policies which perpetuate these unfortunate experiences and constrain access to legal education and the legal profession for LGBTQ individuals. We are confident that our membership base and corporate partners would agree that institutionalizing the targeted humiliation of LGBTQ individuals is unacceptable.

The legal profession turns to the law society for leadership and governance on these important issues. To date, it has been disappointing to see some law societies remain silent on this issue - deferring to Federation of Law Societies of Canada (FLSC). In December, it was with profound disbelief that we learned of the FLSC's recommendation that their provincial members approve TWU's law school. This was, in effect, a rubber stamp for discrimination: TWU's discriminatory covenant stands in direct opposition to the significant progress that has been made in the recognition of the rights of LGBTQ individuals over the past decade.

Further, the FLSC's protracted and closed-door process was patently not in the public interest - contrary to LSUC's mandate. Notably, there was no opportunity for anyone to present evidence of discrimination by TWU, or the effect of its covenant on LGBTQ faculty or students, even though the absence of such evidence was a key finding on which the committee relied to recommend that the proposed law school be recognized by the FLSC's members. Perpetuating the flawed process, B.C.'s Minister of Advanced Education relied heavily on the FLSC's decision to justify his own, approving the degree-granting program the day after the FLSC report was released.

In 2014, the FLSC's decision offends more than contemporary Canadian sensibilities. Our understanding is that it is also legally incorrect:

• First, the FLSC relies heavily on a 2001 Supreme Court of Canada (SCC) judgment in a case involving TWU and the B.C. College of Teachers. 9 Although this precedent cannot be ignored, over the last 12 years the law has transformed. The 2013 case of Whatcott10 departs from the 2001 Trinity Western decision in important ways, notably by wholly rejecting the "hate the sin, love the sinner" excuse adopted by TWU to continue its discrimination in 2001. An institution cannot ban "sexual intimacy that violates the sacredness of marriage between a man and a woman" (i.e., sex between LGBTQ individuals) without effectively banning LGBTQ individuals. The effect of the covenant is to exclude anyone who lives in a committed same-sex relationship, which is an issue that was completely overlooked in the 2001 sec decision.

6 Four law school faculty councils have passed motions condemning the Community Covenant Agreement: Osgoode (http://bit.lv/11CEL 16), Queen's (http://bit.ly/1 e7xLrD, USC (http://bit.ly/11aMBSW), and Dalhousie (http://bit.ly/1fiQqX2l. Faculty from Alberta's 2 law schools have also expressed their concerns in an open letter (http://bit.ly/1fiYkL6l. 7 The Globe and Mail, Trinity Western should emulate its U.S. equivalents, July 25, 2013, available online: 8 Osgoode Hall Law School Students' Letter to the Federation of Law Societies of Canada, March 18, 2013, available online: ; Media Release from Canadian Law Students, March 18, 2013, available online: 9 Trinity Western University v British Columbia College of Teachers, 2001 SCC 31, available online: 10 Saskatchewan (Human Rights Commission) v Whatcott, 2013 SCC 11, available online:

2 204

• Second, the 2012 sec decision in Oore11 now imposes an obligation on law societies to apply the Charter and provincial and territorial human rights codes every time they make a decision. The B.C. College of Teachers was under no such obligation in 2001. In practice, this means that private religious organizations can adopt membership rules that reflect their beliefs, but the government and other organizations operating in the public interest are not bound to approve such rules if they discriminate against individuals.

Such significant inconsistencies should prompt LSUC to heavily scrutinize the FLSC recommendation.

Current Canadian law schools have made a priority of making legal education more accessible, practical, and representative of society. The leadership of the Ontario profession should demonstrate the same interests in rendering their decision on TWU's accreditation. At the most basic level, it is unjust to open a law school that openly discriminates against a vulnerable segment of the Canadian public. We strongly recommend that you oppose or place conditions on TWU's LSUC accreditation. We look forward to a properly balanced and progressive decision from the law society on this important issue, and appreciate this opportunity to provide input to the process.

Sincerely,

Paul Marai Japneet Kaur Chair, Board of Directors President [email protected] [email protected]

/dj c. Matt Petersen, Chair, Pride At Work Canada; [email protected]

Melissa Kennedy, Chair, Legal Leaders for Diversity, OTPP, 3rd floor, 5650 Yonge Street, Toronto, ON M2M 4H5; [email protected]

Helen Kennedy, Executive Director, Egale, 185 Carlton Street, Toronto ON, M5A 2K7; [email protected]

Ross Johnstone, Director of Education, Out In Schools; [email protected]

Craig Daniel & Andrea Love, Co-Chairs, Community One Foundation, PO Box 760- Station F, Toronto, ON, M4Y 2N6; [email protected]

Lorne Sossin, Dean, Osgoode Hall Law School, York University, Ignat Kaneff Building, 4700 Keele Street, Toronto, ON, M3J 1P3; [email protected]

Mayo Moran, Dean, Faculty of Law, University of Toronto, 84 Queen's Park, Toronto, ON, M5S 2C5; [email protected]

Camille Cameron, Dean of Law, University of Windsor, 401 Sunset Avenue, Windsor, ON, N9B 3P4; [email protected]

Nathalie Des Rosiers, Dean, Common Law Section, Faculty of Law, University of Ottawa, Fauteux Hall, 57 Louis Pasteur Street, Ottawa, ON, K1 N 6N5; [email protected]

11 Dore v Barreau du Quebec, 2012 SCC 12, available online:

3 205

Bill Flanagan, Dean, Faculty of Law, Queen's University, Macdonald Hall, 128 Union Street, Kingston, ON, K?L 3N6; [email protected]

W. lain Scott, Dean, Faculty of Law, Western University, 151 Richmond Street, London, ON, N6A 3K7; [email protected]

Daniel Jutras, Dean, Faculty of Law, McGill University, Room 15, Chancellor Day Hall, 3644 Peel Street, Montreal, QC, H3A 1W9; [email protected]

Kimberley Brooks, Dean, Schulich School of Law, Dalhousie University, Weldon Law Building, 6061 University Avenue, P.O. Box 15000, Halifax, NS, B3H 4R2; [email protected]

John R. Williamson, Interim Dean, Faculty of Law, University of New Brunswick, Room 220, Ludlow Hall, P.O. Box 4400, Fredericton, NB, E3B 5A3; [email protected]

Lorna Turnbull, Dean, Faculty of Law, University of Manitoba, Room 301A, Robson Hall, 224 Dysart Road, Winnipeg, MB, R3T 2N2; [email protected]

Jeremy Webber, Dean, Faculty of Law, University of Victoria, P.O. Box 1700, STN CSC, Victoria, BC, V8W 2Y2; [email protected]

Mary Anne Bobinski, Dean, Faculty of Law, University of British Columbia, Allard Hall, 1822 East Mall, Vancouver, BC, V6T 1Z1; [email protected]

AnneN. Pappas, Interim Dean, Faculty of Law, Thompson Rivers University, 900 McGill Road, Kamloops, BC V2C OC8; [email protected]

Philip Bryden, Dean, Faculty of Law, University of Alberta, Room 487, Law Centre, 111 - 89 Avenue, Edmonton, AB, T6H 2H5; [email protected]

Sanjeev Anand, Dean, College of Law, University of Saskatchewan, Room 250, Law Building, 15 Campus Drive, Saskatoon, SK, S?N 5A6; [email protected]

Fred W. Headen, President, Canadian Bar Association, 500-865 Carling Avenue, Ottawa, ON, K1 S 5S8; [email protected]

Pascale Daigneault, President, Ontario Bar Association, 20 Toronto Street, Suite 300, Toronto, ON, M5C 2B8; [email protected]

Robert A. Peterson, Co-Chair, Sexual Orientation & Gender Identity Conference, Canadian Bar Association, 500-865 Carling Avenue, Ottawa, ON, K1S 5S8; [email protected]

James Edward Merrigan, Chair, Constitutional & Human Rights Section, Canadian Bar Association, Poole Althouse, 49-51 Park Street, PO Box 812 Stn Main, Corner Brook, NL, A2H 6H7; [email protected]

Bill Flanagan, President, Canadian Council of Law Deans, 57 Louis Pasteur Street, Ottawa, ON, K1 N 5N5; [email protected]

The Honourable Amrik Virk, Minister of Advanced Education (BC), Room 133, Parliament Buildings, Victoria, BC, V8V 1X4; [email protected]

Thomas G. Conway, Law Society Treasurer, Law Society of Upper Canada, Osgoode Hall, 130 Queen Street West, Toronto, ON, M5H 2N6; [email protected]

The Honourable Brad Duguid, Minister of Training, Colleges and Universities, 3rd Floor, Mowat Block, 900 Bay Street, Toronto, ON, M7A 1 L2; [email protected]

The Honourable John Gerretsen, Attorney General of Ontario, 11th Floor, 720 Bay Street, Toronto, ON, M5G 2K1; [email protected]

4 206

Jonathan M. Richardson, Chair, Young Lawyers' Division (East), Ontario Bar Association, Augustine Bater Sinks LLP, Suite 1100, 141 Laurier Avenue West, Ottawa, ON, K1 P 5J3; [email protected]

Sarah L. Kirshin-Neilans, Chair, Young Lawyers' Division (Southwest), Ontario Bar Association, Nicholson Smith & Partners LLP, 295 Central Avenue, London, ON, N68 2C9; [email protected]

Omar Ha-Redeye, Co-Chair, Young Lawyers' Division {Toronto), Ontario Bar Association, 20 Carlton Street, Unit 126, Toronto, ON, M58 1J2; [email protected]

Christine A. Jackson, Co-Chair, Young Lawyers' Division (Toronto), Ontario Bar Association, Osier, Hoskin & Harcourt LLP, 100 King Street West, 1 First Canadian Place, Suite 4600, P.O. Box 50, Toronto, ON, M5X 188; [email protected]

Lisa Marie Barnet, President, Young Lawyers' Division, Canadian Bar Association, Ontario Power Authority, 1600-120 Adelaide StW, Toronto, ON, M5H 1T1; [email protected]

Blake Jones, Chair, Student Division, Ontario Bar Association, 20 Toronto Street, Suite 300, Toronto, ON, M5C 288; [email protected]

Janet Whitehead, President, Country and District Law Presidents' Association, 731 9th Street West, Owen Sound, ON, N4K 3P5; [email protected]

Paul Jonathan Saguil, Chair, Sexual Orientation & Gender Identity Conference, Ontario Bar Association, 20 Toronto Street, Suite 300, Toronto, ON, M5C 288; [email protected]

Secretariat, OUTlaws Canada, Osgoode Hall Law School, York University, 4700 Keele Street, Toronto, ON M3J 1 P3; [email protected]

5 207

This is Exhibit "L" to the Affidavit of Albert Lam, sworn before me this Jj:_ day of June, 2017. m:etGU Commissioner for Taking Affidavits

Helen Falbo. a Commissioner. etc.. Province of Ontario. for Goldblatt Partners LLP. Barristers and SOlicitOrs. Expires November 10. 2018. 208 UVic OUTiaws University of Victoria Faculty of Law UBC OUTiaws University of British Columbia Faculty of Law Out In Law University of Toronto Faculty of Law TRU OUTlaws Thompson Rivers University Faculty of Law Osgoode OUTlaws Osgoode Hall Law School, York University OUTlaw Alberta University of Alberta Faculty of Law Queen's OUTiaw Queen's University Faculty of Law USask OUTlaws University of Saskatchewan College of Law uottawa OUTlaw University of Ottawa Faculty of Law Manitoba OUTlaws University of Manitoba Faculty of Law OUTiaw at McGill McGill University Faculty of Law Windsor OUTlaws University of Windsor Faculty of Law UNB OUTiaw University of New Brunswick Faculty of Law Western OUTiaws Western University Faculty of Law OUTiaw Society Schulich School of Law, Dalhousie University OUTLAWSCANADA®GMAIL.COM

March 1, 2014

Law Society of Upper Canada 130 Queen Street West Toronto, ON M5H 2N6

Dear Treasurer and Members of Convocation:

We are writing in our capacities as leaders of LGBTQ affinity groups and organizations at Canadian law schools regarding Trinity Western University's (TWU's) proposed law school. TWU's program is currently seeking the approval of the provincial law societies for admission to the bar of each jurisdiction. In Ontario, this accreditation process falls within the authority of the Law Society of Upper Canada (LSUC). We have serious reservations about TWU's discriminatory policies towards LGBTQ students and the suitability of TWU as a forum to train future lawyers. We urge you to refuse or qualify TWU's accreditation. We also encourage you to advance an accreditation requirement in Ontario that prevents any accredited law school from discriminating on a constitutionally protected ground, such as sexual orientation.

Central to our concerns is the fact that TWU forces its students to sign a 'Community Covenant Agreement' requiring the student to abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman". 1 Students who do not comply with the agreement may be removed from the university without readmission. 2 The Community Covenant Agreement is inconsistent with the Charter of Rights and Freedoms and provincial human rights legislation. Accrediting a legal studies program that operates under this policy fetters the profession's obligation to serve the public interest.

Over the past year, a number of prominent stakeholders have echoed this sentiment. These include the Canadian Council of Law Deans, 3 the Canadian Bar Association, 4 the Canadian Federation of Students,5 numerous prominent lawyers and academics, law school faculty councils, 6 editorial boards, 7 and over one thousand law students. 8 They have rightly pointed out that TWU's policies place a de facto quota on the number of law school places available to LGBTQ students. More broadly, they assert that given these discriminatory operating policies, TWU is not an appropriate venue for teaching constitutional law, nurturing

1 Trinity Western University Community Covenant Agreement at page 3, available online: 2 Trinity Western University Student Handbook, Student Accountability Process, available online: 3 Canadian Council of Law Deans Letter to the Federation of Law Societies of Canada, November 20, 2012, available online: 4 Canadian Bar Association Letter to the Federation of Law Societies of Canada, March 18, 2013, available online: 5 Canadian Federation of Students Letter to the Federation of Law Societies of Canada, December 19, 2013, available online: 6 Four law school faculty councils have passed motions condemning the Community Covenant Agreement: Osgoode (http://bit.ly/11CEL 16), Queen's (http://bit.ly/1 e7xLril, UBC (http://bit.ly/11aMBSW), and Dalhousie (http://bit.ly/1fiQgX2). Faculty from Alberta's 2 law schools have also expressed their concerns in an open letter (http://bit.ly/1fiYkL6). 7 The Globe and Mail, Trinity Western should emulate its U.S. equivalents, July 25, 2013, available online: 8 Osgoode Hall Law School Students' Letter to the Federation of Law Societies of Canada, March 18, 2013, available online: ; Media Release from Canadian Law Students, March 18, 2013, available online: 209

legal ethics, or promoting academic freedom. Our agreement with these views is underscored by the fact that many of our LGBTQ peers have been subjected to systemic discrimination, exclusion, and hatred related to their sexual orientation. It would be tremendously disheartening to see the profession's leadership support policies which perpetuate these unfortunate experiences and constrain access to legal education for LGBTQ individuals. Institutionalizing the targeted humiliation of LGBTQ individuals is unacceptable.

The professional community turns to the law society for leadership and governance on these important issues. To date, it has been disappointing to see some law societies remain silent on this issue - deferring to Federation of Law Societies of Canada (FLSC). In December, it was with profound disbelief that we learned of the FLSC's recommendation that their provincial members approve TWU's law school. This was, in effect, a rubber stamp for discrimination: TWU's discriminatory covenant stands in direct opposition to the significant progress that has been made in the recognition of the rights of LGBTQ individuals over the past decade.

Further, the FLSC's protracted and closed-door process was patently not in the public interest - contrary to the mandate of the LSUC. Notably, there was no opportunity for anyone to present evidence of discrimination by TWU, or the effect of its covenant on LGBTQ faculty or students, even though the absence of such evidence was a key finding on which the committee relied to recommend that the proposed law school be recognized by the FLSC's members. Perpetuating the flawed process, B.C.'s Minister of Advanced Education relied heavily on the FLSC's decision to justify his own, approving the degree-granting program the day after the FLSC report was released.

In 2014, the FLSC's decision offends more than contemporary Canadian sensibilities. Our understanding is that it is also legally incorrect:

• First, the FLSC relies heavily on a 2001 Supreme Court of Canada (SCC) judgment in a case involving TWU and the B.C. College of Teachers. 9 Although this precedent cannot be ignored, over the last 12 years the law has transformed. The 2013 case of Whatcott10 departs from the 2001 Trinity Western decision in important ways, notably by wholly rejecting the "hate the sin, love the sinner" excuse adopted by TWU to continue its discrimination in 2001. An institution cannot ban "sexual intimacy that violates the sacredness of marriage between a man and a woman" (i.e., sex between LGBTQ individuals) without effectively banning LGBTQ individuals. The effect of the covenant is to exclude anyone who lives in a committed same-sex relationship, which is an issue that was completely overlooked in the 2001 sec decision. • Second, the 2012 sec decision in Dore11 now imposes an obligation on law societies to apply the Charter and provincial and territorial human rights codes every time they make a decision. The B.C. College of Teachers was under no such obligation in 2001. In practice, this means that private religious organizations can adopt membership rules that reflect their beliefs, but the government and other organizations operating in the public interest are not bound to approve such rules if they discriminate against individuals.

Such significant inconsistencies should prompt LSUC to heavily scrutinize the FLSC recommendation.

The law schools we attend have made a priority of making legal education more accessible, practical, and representative of Canadian society. The leadership of the Ontario profession should demonstrate the same interests in rendering their decision on TWU's accreditation. As future lawyers, we are committed to equality and promoting the values of the Charter within our practices. Our experiences have taught us that such professional standards can only be fostered in a learning environment that enshrines these values in policy and practice.

At the most basic level, it is unjust to open a law school that openly discriminates against a vulnerable segment of the Canadian public. We strongly recommend that you oppose or place conditions on TWU's

9 Trinity Western University v British Columbia College of Teachers, 2001 SCC 31, available online: 10 Saskatchewan (Human Rights Commission) v Whatcott, 2013 SCC 11, available online: 11 Dore v Barreau du Quebec, 2012 SCC 12, available online:

2 LSUC accreditation. We look forward to a properly balanced and progressive decision from the law society on this important issue, and appreciate this opportunity to provide input to the process. Should you wish to correspond with us as a group, please email [email protected].

Sincerely,

Patrick Jang, JD Candidate (2014) Executive Co-President Western OUTlaws Queen'S OUTlaw Western University Faculty of Law Queen's University Faculty of Law [email protected] [email protected]

Benjamin Vandorpe, JD Candidate (2015) Ella Henry, JD Candidate (2015) Jean-Paul Bevilacqua, JD Candidate (2015) Pedram Moussavi, JD/MBA Candidate (2015) Co-Chairs William Goldbloom, JD Candidate (2015) Osgoode OUTlaws Co-Presidents Osgoode Hall Law School, York University Outln Law [email protected] University of Toronto Faculty of Law [email protected]

Allison Vanek, JD Candidate (2014) Katelyn Scorer, JD Candidate (2015) Executive Member President uOttawa OUTlaw Windsor OUTlaws University of Ottawa Faculty of Law University of Windsor Faculty of Law avane080@uottawa. ca [email protected]

Lana McCrea, BCL/LLB Candidate (2015) Ted Flett, JD Candidate (2016) Dan Snyder, BCULLB Candidate (2015) Chair Co-Presidents UNBOUTiaw OUTlaw at McGill University of New Brunswick Faculty of Law McGill University Faculty of Law [email protected] [email protected]

Leah Staples, JD Candidate (2015) Joshua Shaw, JD Candidate (2015) President Co-Chair Schulich OUTlaw Society Manitoba OUTlaws Schulich School of Law, Dalhousie University Robson Hall Faculty of Law, University of Manitoba [email protected] outlaws@umanitoba

3 211

Cassidy Thomson, JD Candidate (2015) Flora Vineberg, JD Candidate (2015) Executive Gord Lamb JD Candidate (2015) UVic OUTlaws Co-Chairpersons University of Victoria Faculty of Law UBC OUTlaws [email protected] University of British Columbia Faculty of Law flora. vineberg@gmail. com, [email protected]

Kendra Morris, JD Candidate (2014) Christine Wilson, JD Candidate (2015) Brent Ryan, JD Candidate (2015) Shad Turner, JD Candidate (2015) Sarah Marsh, JD Candidate (2014) President & Vice President Executive OUTlaw Alberta TRUOUTiaws University of Alberta Faculty of Law Thompson Rivers University Faculty of Law [email protected] [email protected]

Leif Jensen, JD Candidate (2014) Linh Le, JD Candidate (2015) Bruce Gordon, JD Candidate (2016) Co-Coordinators USask OUTLaws University of Saskatchewan College of Law [email protected]

/dj c. Lorne Sossin, Dean, Osgoode Hall Law School, York University, !gnat Kaneff Building, 4700 Keele Street, Toronto, ON, M3J 1P3; [email protected]

Mayo Moran, Dean, Faculty of Law, University of Toronto, 84 Queen's Park, Toronto, ON, MSS 2C5; [email protected]

Camille Cameron, Dean of Law, University of Windsor, 401 Sunset Avenue, Windsor, ON, N9B 3P4; [email protected]

Nathalie Des Rosiers, Dean, Common Law Section, Faculty of Law, University of Ottawa, Fauteux Hall, 57 Louis Pasteur Street, Ottawa, ON, K1 N 6N5; [email protected]

Bill Flanagan, Dean, Faculty of Law, Queen's University, Macdonald Hall, 128 Union Street, Kingston, ON, K7L 3N6; [email protected]

W. lain Scott, Dean, Faculty of Law, Western University, 151 Richmond Street, London, ON, N6A 3K7; [email protected]

Daniel Jutras, Dean, Faculty of Law, McGill University, Room 15, Chancellor Day Hall, 3644 Peel Street, Montreal, QC, H3A 1W9; [email protected]

Kimberley Brooks, Dean, Schulich School of Law, Dalhousie University, Weldon Law Building, 6061 University Avenue, P.O. Box 15000, Halifax, NS, B3H 4R2; [email protected]

4 John R. Williamson, Interim Dean, Faculty of Law, University of New Brunswick, Room 220, Ludlow Hall, P.O. Box 4400, Fredericton, NB, E3B 5A3; [email protected]

Lorna Turnbull, Dean, Faculty of Law, University of Manitoba, Room 301A, Robson Hall, 224 Dysart Road, Winnipeg, MB, R3T 2N2; [email protected]

Jeremy Webber, Dean, Faculty of Law, University of Victoria, P.O. Box 1700, STN CSC, Victoria, BC, V8W 2Y2; [email protected]

Mary Anne Bobinski, Dean, Faculty of Law, University of British Columbia, Allard Hall, 1822 East Mall, Vancouver, BC, V6T 1Z1; [email protected]

Anne N. Pappas, Interim Dean, Faculty of Law, Thompson Rivers University, 900 McGill Road, Kamloops, BC V2C OC8; [email protected]

Philip Bryden, Dean, Faculty of Law, University of Alberta, Room 487, Law Centre, 111 - 89 Avenue, Edmonton, AB, T6H 2H5; [email protected]

Sanjeev Anand, Dean, College of Law, University of Saskatchewan, Room 250, Law Building, 15 Campus Drive, Saskatoon, SK, S7N 5A6; [email protected]

Fred W. Headon, President, Canadian Bar Association, 500-865 Carling Avenue, Ottawa, ON, K1S 5S8; [email protected]

Pascale Daigneault, President, Ontario Bar Association, 20 Toronto Street, Suite 300, Toronto, ON, M5C 2B8; [email protected]

Robert A. Peterson, Co-Chair, Sexual Orientation & Gender Identity Conference, Canadian Bar Association, 500-865 Carling Avenue, Ottawa, ON, K1 S 5S8; [email protected]

James Edward Merrigan, Chair, Constitutional & Human Rights Section, Canadian Bar Association, Poole Althouse, 49-51 Park Street, PO Box 812 Stn Main, Corner Brook, NL, A2H 6H7; [email protected]

Bill Flanagan, President, Canadian Council of Law Deans, 57 Louis Pasteur Street, Ottawa, ON, K1 N 5N5; [email protected]

The Honourable Amrik Virk, Minister of Advanced Education (BC), Room 133, Parliament Buildings, Victoria, BC, V8V 1X4; [email protected]

Thomas G. Conway, Law Society Treasurer, Law Society of Upper Canada, Osgoode Hall, 130 Queen Street West, Toronto, ON, M5H 2N6; [email protected]

The Honourable Brad Duguid, Minister of Training, Colleges and Universities, 3rd Floor, Mowat Block, 900 Bay Street, Toronto, ON, M7A 1 L2; [email protected]

The Honourable John Gerretsen, Attorney General of Ontario, 11th Floor, 720 Bay Street, Toronto, ON, M5G 2K1; [email protected]

Jonathan M. Richardson, Chair, Young Lawyers' Division (East), Ontario Bar Association, Augustine Bater Binks LLP, Suite 1100, 141 Laurier Avenue West, Ottawa, ON, K1 P 5J3; [email protected]

Sarah L. Kirshin-Neilans, Chair, Young Lawyers' Division (Southwest), Ontario Bar Association, Nicholson Smith & Partners LLP, 295 Central Avenue, London, ON, N6B 2C9; [email protected]

Omar Ha-Redeye, Co-Chair, Young Lawyers' Division (Toronto), Ontario Bar Association, 20 Carlton Street, Unit 126, Toronto, ON, M5B 1J2; [email protected]

Christine A. Jackson, Co-Chair, Young Lawyers' Division (Toronto), Ontario Bar Association, Osier, Hoskin & Harcourt LLP, 100 King Street West, 1 First Canadian Place, Suite 4600, P.O. Box 50, Toronto, ON, M5X 1 B8; [email protected]

5 213

Lisa Marie Barnet, President, Young Lawyers' Division, Canadian Bar Association, Ontario Power Authority, 1600-120 Adelaide St W, Toronto, ON, M5H 1T1; [email protected]

Blake Jones, Chair, Student Division, Ontario Bar Association, 20 Toronto Street, Suite 300, Toronto, ON, M5C 2B8; [email protected]

Janet Whitehead, President, Country and District Law Presidents' Association, 731 9th Street West, Owen Sound, ON, N4K 3P5; [email protected]

Paul Jonathan Saguil, Chair, Sexual Orientation & Gender Identity Conference, Ontario Bar Association, 20 Toronto Street, Suite 300, Toronto, ON, M5C 2B8; [email protected]

6 214

Helen Falbo. a Commissioner. etc.. Province of Ontario. for Goldblatt Partners LLP. Barristers and SOIIcltOII. Expires November 10. 2018. 215

THE LAW SOCIETY OF UPPER CANADA

SEXUAL ORIENTATION AND GENDER IDENTITY: CREATING AN INCLUSIVE WORK ENVIRONMENT

A GUIDE FOR LAW FIRMS AND OTHER ORGANIZATIONS

November 2014 EQUITY 216

TABLE OF CONTENTS

INTRODUCTION ...... 3

PART 1- BACKGROUND ...... 4 WHY LAW FIRMS SHOULD HAVE WRITTEN POLICIES ...... 5 MODEL POLICIES DEVELOPED BY THE LAW SOCIETY ...... 5 SEXUAL ORIENTATION, GENDER IDENTITY AND THE LEGAL PROFESSION ..... 8

PART II- EFFECTIVE IMPLEMENTATION AND REVIEW OF THE POLICY ...... 10 ESTABLISHING A DRAFTING COMMITTEE ...... 11 DEVELOPING A POLICY ...... 11 COMMUNICATING THE POLICY ...... 11 IMPLEMENTING THE POLICY ...... 11 REVIEWING, EVALUATING AND REVISING THE POLICY ...... 12

PART Ill- MODEL POLICY ...... 13 STATEMENT OF PRINCIPLES ...... 14 APPLICATION ...... 14 DEFINITIONS ...... 15 DUTY OF CONFIDENTIALITY ...... 16 PROCEDURES ...... 17 APPLICATION ...... 17 RECOURSE ...... 21 EDUCATION AND TRAINING ...... 21

PART IV- EMPLOYER OBLIGATIONS UNDER THE LAW ...... 22 SAME-SEX BENEFITS ...... 23 Sexual Orientation as Prohibited Ground of Discrimination ...... 23 Tax benefits ...... 23 GENDER IDENTITY ...... 24 PROFESSIONAL RESPONSIBILITY ...... 25 PENSION BENEFITS AND REGISTRATION OF PENSION PLANS ...... 25 EMPLOYMENT BENEFITS-GENERALLY ...... 26 EMPLOYMENT BENEFITS- GROUP INSURANCE PLANS ...... 26 PREGNANCYAND PARENTAL LEAVE ...... 26 EMERGENCY LEAVE ...... 27 PUBLIC COMMITMENT CEREMONIES ...... 27

PART V- GLOSSARY OF TERMS ...... 29

2 2il7

INTRODUCTION

The Ontario Human Rights Code (the Code) 1, the Rules of Professional Conduct (the Rules? and the Paralegal Rules of Conduct (the Paralegal Rules)3 prohibit discrimination and harassment in the legal workplace, in the delivery of services and in all professional dealings. One aspect of this is the creation of an inclusive workplace for all individuals, regardless of their sexual orientation, gender identity or gender expression.

With this in mind, the Law Society of Upper Canada created this Guide to assist law firms4 in fostering a work environment in which employment benefits are conferred in a non-discriminatory manner and in which participation in the social culture of the firm is a viable option for all individuals working there. The Law Society of Upper Canada envisions that adoption and implementation of the model policy included in this Guide will contribute to law firms becoming a place in which individuals' choice to keep confidential or to disclose information about their sexual orientation or gender identity neither results in discrimination or harassment nor detracts from either the individual's dignity and self-worth or value to the firm.

The Guide is one of a series of guides adopted by the Law Society to assist law firms and legal organizations in developing their own resources.5 This Guide is only up-to-date as at the date of writing.

The document is divided into the following parts:

Part 1: Background Part II: Effective Implementation and Review of the Policy Part Ill: The Model Policy Part IV: Employers' Obligations under the Law Part V: Glossary of Terms

1 Human Rights Code, RSO 1990, c H19, online: [Code]. 2 Rules of Professional Conduct (Toronto: Law Society of Upper Canada, November 1, 2000, as amended based on the Federation of Law Societies Model Code of Professional Conduct, effective October 1, 2014), online: http://www.lsuc.on.ca/WorkArea/DownloadAsset.aspx?id=2147486159. 3 Paralegal Rules of Conduct (Toronto: Law Society of Upper Canada, May 29, 2007, as amended based on the Federation of Law Societies Model Code of Professional Conduct, effective October 1, 2014), online: . 4 References to 'law firms' in this document encompasses paralegal firms, legal clinics, non-profit organizations and other professional legal environments. 5 Law Society guides are available online at: . 3 PART 1- BACKGROUND

4 WHY LAW FIRMS SHOULD HAVE WRITTEN POLICIES

Under the Rules, the Paralegal Rules and the Code, individual lawyers, paralegals and law firms have a positive obligation to develop a work environment that promotes respect for the personal characteristics of all individuals affiliated with the legal profession. It is also well established that the adoption of effective human rights policies and procedures and the design and delivery of education programs assist in creating a respectful work environment and in reducing the risk of liability for employers.6 The advantages of written policies include the following: 1. They encourage respect for the dignity of all individuals working at the law firm. 2. They demonstrate management's commitment to its legal and professional obligations. 3. They communicate a law firm's commitment to equity principles to people outside of the law firm, such as prospective recruits and clients. 4. They minimize the risk of workplace harassment or discrimination and of harm to individuals working at the firm. 5. They provide procedures for handling complaints and enhance transparency. 6. They outline preventative, remedial and disciplinary actions that may be taken. 7. They minimize the risk of harm to staff, paralegals and lawyers, as well as the risk that a firm will be held liable.

MODEL POLICIES DEVELOPED BY THE LAW SOCIETY

In the last decade, the Law Society has adopted a number of model policies and guidelines to promote equality within the legal profession. The model policies and guidelines are available ~nline: In English: http://www.lsuc.on.ca/with.aspx?id=2147487014&1angtype=1 033 In French: http://www.lsuc.on.ca/with.aspx?id=2147487014&1angtype=1 036

Guide to Developing a Policy Regarding Workplace Equity in Law Firms7 To assist law firms in meeting their obligation to avoid discrimination in employment practices, this guide outlines a model policy for the promotion of workplace equity. The guide includes reference to employment practice topics in the areas of recruitment, interviewing job candidates, hiring and promotion, the right to equal opportunities at

6 For example, see: Ferguson v Muench Works Ltd (1997), 33 CHRR D/87 (BCHRT); Aflakian v Fraser Health Authority [2011] BCHRTD No 170, online: ; in Ontario, see Ontario Public SeNice Employees Union v. Ontario (Ministry of Natural Resources), 2003 CanLII 52889 (ON GSB), online: . 7 Guide to Developing a Policy Regarding Workplace Equity in Law Firms (Toronto: Law Society of Upper Canada, updated March 2003). 5 220

work, professional development, accommodation, evaluation, mentors and compensation.

Guide to Developing a Law Firm Policy Regarding Accommodation Requirements8 The Code prohibits discrimination in services and employment on enumerated grounds and mandates that employers accommodate needs based on the enumerated Code grounds to the point of undue hardship. Based in part on the Ontario Human Rights Commission's Policy on Creed and the Accommodation of Religious Observances9 and Policy and Guidelines on Disability and the Duty to Accommodate, 10 this document sets out the legal duty to accommodate employees' creed and religious beliefs, disability, as well as gender and family status. Particularly practical is the section on model procedures for requesting and granting accommodations.

Guide to Developing a Policy Regarding Flexible Work Arrangements11 One means of fulfilling an employer's legal duty to accommodate employees with family responsibilities or disabilities is through the adoption of flexible work arrangements. This guide outlines various alternate work arrangements for both associates and partners of law firms in addition to outlining responses to the challenges presented by each option.

Preventing Harassment. Discrimination and Violence in the Legal Workplace: Guide to Developing Policies for Law Firms or Legal Organizations 12 The Law Society published this document to guide law firms in taking a proactive approach and having an effective complaints mechanism in place so that they, as employers, can limit their vicarious liability for discrimination and harassment in the workplace. The guide includes an overview of legal requirements, a discussion of policy and implementation issues, a sample model policy for law firms, and step by step complaints procedures for both medium/large and small law firms. Model forms are provided for convenience.

8 Guide to Developing a Law Firm Policy Regarding Accommodation Requirements (Toronto: Law Society of Upper Canada, updated May 2005). 9 Policy on Creed and the Accommodation of Religious Observances (Toronto: Ontario Human Rights Commission, October 20, 1996, revised December 2009). 10 Policy and Guidelines on Disability and the Duty to Accommodate (Toronto: Ontario Human Rights Commission, March 22, 2001, revised December 2009). 11 Guide to Developing a Policy Regarding Flexible Work Arrangements (Toronto: Law Society of Upper Canada, updated March 2003). 12 Preventing Harassment, Discrimination and Violence in the Legal Workplace: Guide to Developing Policies for Law Firms or Legal Organizations (Toronto: Law Society of Upper Canada, updated January 2012). 6 221

Guide to Developing a Customer Accessibility Policv13 Effective January 2012, all providers of goods and services are required to comply with the Accessibility Standards for Customer Service Regulation (the Customer Service Standards)1 4 adopted under the Accessibility for Ontarians with Disabilities Act, 2005 (the AODA)1 5• The Customer Service Standards are aimed at improving accessibility for persons with disabilities accessing services across Ontario. The Law Society published this guide to assist law firms in developing the resources to comply with the Customer Service Standards.

Summarv of Fair Hiring Practice Guidelines16 This document was published by the Law Society to assist firms in reviewing their interview and hiring practices and to ensure that they comply with the Code, the Rules, and the Paralegal Rules, which prohibit harassment and discrimination. The document outlines best hiring practices and provides examples of inappropriate comments and questions that an employer may ask during the recruitment process.

13 Accessibility for Ontarians with Disabilities Act, 2005- Guide to Developing a Customer Service Accessibility Policy (Toronto, Law Society of Upper Canada, November 2011 ). 14 Accessibility Standards for Customer Service Regulation, 0 Reg 429/07, online: . 15 Accessibility for Ontarians with Disabilities Act, SO 2005, c 11, online: . 16 Summary of Fair Hiring Practice Guidelines (Toronto, Law Society of Upper Canada, April 2011 ). 7 222

SEXUAL ORIENTATION, GENDER IDENTITY AND THE LEGAL PROFESSION

Although the legal profession is becoming increasingly diverse, there is evidence that persons who identify as lesbian, gay, bisexual, transsexual, transgender, intersex, queer/questioning, two-spirited, and allies (LGBTTIQQ2SA) still experience barriers to equality in the legal profession. Studies indicate the following: • The Discrimination and Harassment Counsel (DHC) Program was established by Convocation in 1999 to provide services to individuals who allege harassment or discrimination by a lawyer, and since 2008, by a paralegal. In her report to Convocation for the period of January 1, 2003 to December 31, 2011, the DHC reported that sexual orientation was raised as a ground of discrimination in 5% of casesY The report also cited several incidences of discrimination based on sex, experienced by transsexual women and a trans-man. 18 Complaints raised included a refusal of counsel to use correct pronouns in referring to the trans19 person, as well as a complaint about gender based employee dress code expectations in the workplace.20 • In 2004, the Law Society of Alberta released the results of a study on bias and equity in Alberta's legal profession.21 Eighty-eight percent of the gay, lesbian or bisexual lawyers and sixty-eight percent of the heterosexual lawyers who responded believed that there is discrimination on the basis of sexual orientation in the profession. In the five-year period preceding the survey, 40% of the gay, lesbian and bisexual respondents had experienced discrimination while seeking or during employment. In addition to experiencing bias in the courtroom, gay, lesbian and bisexual lawyers reported being subjected to discrimination in pay, quality of work assignments, rainmaking opportunities, performance evaluations and exclusion from social events. The authors also cited a number of American studies that support the finding of discrimination on the basis of sexual orientation in the profession.22

17 C. Peterson, Report of the Activities of the Discrimination and Harassment Counsel for the Law Society of Upper Canada for the Period of January, 2003 to December 31, 2011 (Toronto: Law Society of Upper Canada, 2011) at 16 [Peterson]. 18 Ibid at 18-19. "Trans-man" is a term for the transition from female to male. 19 See Glossary of Terms, Part V for definition. 20 Peterson supra note 17 at 23, 30. 21 M. Cooper, J. Brockman & I. Hoffart, Final Report on Equity and Diversity in Alberta's Legal Profession (Calgary: Law Society of Alberta, 2004). 22 For example, see Judicial Council of California, Sexual Orientation Fairness in the California Courts: Final Report of the Sexual Orientation Fairness Subcommittee of the Judicial Council's Access and Fairness Subcommittee (Orange County, CA: Judicial Council of California, 2001), online: ; Lesbian and Gay Law Association of Greater New York, LeGaL Report on Sexual Orientation Fairness in Second Circuit Courts (New York: LeGaL, 1997) available at ; King County Bar Association, In Pursuit of Equality: The Final Report of the KCBA Task Force on Lesbian and Gay Issues in the Legal Profession (Washington, DC: King County Bar Association, 1995), cited in Washington State Bar, "Trends and Issues Affecting Lesbians and Gays in the Legal Profession" (1999) 12 Washington State Bar News Online, available at ; Los Angeles County Bar Association, Committee on Sexual Orientation, Report of the 8 ')7 2c_)

• The Law Society has undertaken various initiatives to promote equality for persons identifying as to lesbian, gay, bisexual, transsexual, transgender, intersex, queer/questioning, two-spirited, and allies ("LGBTTIQQ2SA") within the legal profession, in accordance with its mandate.23

Committee on Sexual Orientation Bias (Los Angeles, CA: County Bar Association, 1994), online: . 23 Law Society initiatives that promote equality for lesbian, gay, bisexual, Two-Spirited, transgender and queer identified individuals in the legal profession include: Discrimination and Harassment Counsel: a service provided by the Law Society to confidentially assist anyone who may have experienced discrimination or harassment by a lawyer or paralegal (mentioned above) Equity and Diversity Mentorship Program: This program encourages students from equity-seeking communities to consider law as a career and to assist in the transition into the profession. In cooperation with school boards, legal organizations and law schools, the Law Society matches students (law school students, Licensing Process students and newly called lawyers) with volunteer members of the profession who give insight into the practice of law Equity Advisory Group (EAG): a group of lawyers, paralegal and legal organizations with expertise in the area of equality and diversity. It is mandated to assist the Equity Committee in the development of policy options for the promotion of equity and diversity in the legal profession; and Equity Public Education Series: includes lectures, seminars, workshops and consultations to address issues of equity and diversity in the legal profession. It also aims to build bridges between the legal profession and members of the public (particularly from Aboriginal, Francophone and equity-seeking communities) who are concerned about equality rights and want to contribute to enhancing equity and diversity in the legal profession.

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PART II- EFFECTIVE IMPLEMENTATION AND REVIEW OF THE POLICY

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ESTABLISHING A DRAFTING COMMITTEE

The starting point to develop a policy is to establish a committee to draft the policy. To the extent possible, the committee should diverse and composed of partners and employees of varying gender identities and of differing age, ethnic origin, marital and partnership status, gender identity and sexual orientation. If there are lawyers or individuals in the law firm with expertise in the relevant employment and discrimination law, one or more should be included. It is most important that the committee include respected individuals of the law firm who appreciate the importance of the issues to be addressed and who will be able to communicate these matters to others within the law firm. The composition of the committee is critical to the credibility of the process and the policies that are produced.

DEVELOPING A POLICY

Committee members should educate themselves about the applicable law and become familiar with existing firm practices and policies that may be relevant. It is suggested that committee members consult with individuals at the firm, such as the diversity committee or the executive committee. The committee may wish to circulate a draft of the policy for comments. This purpose of that step is to generate support and allow for useful insight. It is important to explain the rationale for introducing such a policy, as well as the effect of the proposed policy on existing arrangements. It is important for the committee to be respectful of persons identifying as lesbian, gay, bisexual, transsexual, transgender, intersex, queer/questioning, two-spirited, and allies ("LGBTTIQQ2SA") who wish to keep their gender identity or sexual orientation confidential or to openly express them.

COMMUNICATING THE POLICY

Once adopted, firms should communicate the policy to all staff, paralegals and lawyers at the firm and develop an education or awareness strategy. The initial presentation of the policy combined with a clear statement of senior and managing partners' support are important to its success. The law firm may wish to distribute copies of the policy directly to each individual working at the firm, and/or post copies of the policy in a common area and online. Firms may also wish to publicize the existence of the policy in their recruitment materials.

IMPLEMENTING THE POLICY

It is advisable that individuals charged with implementing and applying the policy

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be fully versed in the specifics of the policy, the law, interviewing techniques and information gathering. It is important that individuals working at the law firm understand the negative impact that harassment and discrimination has on the dignity of those who identify as LGBTTIQQ2SA within the workplace, as well as on workplace productivity.

Factors that may cause opposition within the workplace should be identified, and discussed frankly. One example may be the misconception that such policies outlaw personal relationships between members of the law firm, and create a "chilling" anti­ social atmosphere. These concerns should be recognized and addressed at the outset through discussion of the purposes and goals of workplace policies.

REVIEWING, EVALUATING AND REVISING THE POLICY

It is important to review and revise the policy on a periodic basis, and evaluate the fairness of its implementation, and its effectiveness in reducing barriers for those working at the firm who identify as LGBTTIQQ2SA. The first review should take place after there has been sufficient time to evaluate its operation. Confidential channels of communication may be created to encourage staff comments on the policy, either on an ongoing basis, or during the course of the review.

************************************************************************************************** The pages that follow are a precedent for a policy that firms may adapt for their own use. In some cases, a firm may wish to add details or examples from the footnotes to the actual text of its own policy.

The precedent addresses the most common situation: a firm composed of partners, associates, and other staff who are not subject to a collective agreement. Where a workplace is governed by a collective agreement, modifications may need to be made to the policy, and possibly to the collective agreement.

The Sexual Orientation and Gender Identity model policy is a precedent intended to provide guidance, rather than to represent the ultimate or ideal policy. A firm will need to design its own policy, tailoring the recommended model to its particular circumstances.

*************************************************************************************

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PART Ill- MODEL POLICY

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SEXUAL ORIENTATION AND GENDER IDENTITY: CREATING AN INCLUSIVE WORK ENVIRONMENT

MODEL POLICY FOR "THE FIRM"24

STATEMENT OF PRINCIPLES

1. The Firm recognizes that discrimination in employment on the basis of gender identity, gender expression, sex, sexual orientation, marital status and/or family status, is illegal and the Ontario Human Rights Code (the Code), the Rules of Professional Conduct (the Rules) and the Paralegal Rules of Conduct, (the Paralegal Rules) of the Law Society of Upper Canada prohibit harassment and discrimination on those grounds.

2. The Firm recognizes that the choice of a partner and the manner in which one chooses to live with that individual, as well as the expression of one's intrinsic gender identity are fundamental human rights worthy of respect and non­ discriminatory treatment.

3. The Firm is committed to providing a work environment that promotes equality and ensures that all individuals are treated with respect and dignity.

4. Harassment and discrimination are not tolerated by the Firm. Regardless of position or seniority, individuals found to have engaged in behavior constituting harassment or discrimination may be severely disciplined.

APPLICATION

5. The policy applies to everyone working for the Firm or who is a partner, director, member or employee of the Firm, whether part-time, full-time or casual, regardless of their position in the Firm, including [professional and administrative staff, articling students, summer students, paralegals, salaried lawyers, contract lawyers, associates and partners].25 The policy also applies to others in the work context, such as [volunteers, co-op students, dependent and independent contractors].26 The term "all individuals working at the Firm" encompasses all those named in this paragraph.

24 References to "the Firm" in this document encompasses paralegal firms, legal clinics, non-profit organizations and other professional legal environments. Individual workplaces may replace "The Firm" with their own applicable term. 25 The terminology used in this paragraph may have to be adapted based on terminology used by the firm or organization. For example, some law firms do not have "directors". 26 Ibid. 14 229

6. The policy applies to employment relationships and professional dealings within the context of the legal work environment and includes dealings by and between partners, along with dealings related to the partnership. 7. The policy applies to every aspect of the legal work environment, including recruitment, selection, promotion, transfer, training, compensation and performance reviews. 8. The policy covers any legal work-related environment and professional dealings including, a. any place where the business of the firm is conducted or where social and/or other functions related to the business of the firm occur; b. activities that are incidental or connected to the business of the firm, including activities that are incidental or connected to the business of partners or the partnership; or c. incidents that occur after the official business of a meeting but are incidental or connected to the meeting.

9. The policy is not intended to constrain acceptable social interactions between people in the Firm.

DEFINITIONS

The following definitions apply for the purposes of the policy:

10. "Discrimination" means differential treatment, whether intentional or not, that imposes a disadvantage or a burden on a person or group of persons, or that results in the denial of a benefit to a person or group of persons, based on one or more of the prohibited grounds of discrimination set out in the Code.

11. "Harassment" means engaging in a course of vexatious comment or conduct against an individual in the workplace that is known or ought reasonably to be known to be unwelcome.

12. "Spouse" means a person cohabiting in a conjugal relationship with another person of the same or different sex, whether or not the two persons are legally married to each other.27

13. "Trans gender" refers to someone whose life experience includes existing in more than one gender. This may include people who identify as transsexual and

27 The firm may wish to include a minimum period of conjugal cohabitation in this definition. The length of required periods of conjugal cohabitation vary according to various statutes, such as the Employment Standards Act, 2000, SO 2000, c 41, online: [ESA, 2000], or the Income Tax Act, RSC 1985, c 1 (51h Suppl), online: [ITA], as well as the Firm's employment benefit providers. If a time period is included, the firm should verify its compliance with the requirements of relevant statutes. 15 230

people who describe themselves as being on a "gender spectrum" or as living outside the categories of "man" or "woman".28 For the purposes of this policy, this includes persons who identify as "transsexual", whether or not they have undergone sex reassignment surgery.29

14. "Gender identity" refers to a person's subjective sense of self, in particular, their inner sense of being male or female. A person's gender identity is different from their sexual orientation. People's gender identity may be different from their birth-assigned sex and/or their physical sex characteristics and may include female , male, transgender, transsexual, intersex, crossdresser, or trans.30

DUTY OF CONFIDENTIALITY

15. The Firm respects each individual's choice to disclose or to keep confidential information about their sexual orientation, their gender identity and/or experience as a transgender person.

16. The Firm understands that care and diligence in the administration of employment benefits and pension plans is necessary so as not to expressly or inadvertently reveal the sexual orientation or gender identity of an individual who may wish to keep this information private.31

17. To enable an individual to register for, or to collect employment or pension benefits, the Firm may be required to record information that directly or indirectly identifies an individual's sexual orientation or gender identity. Subject to reasonable limits, the Firm will ensure the confidentiality of the information collected for these purposes. The Firm will also request that, as much as may be practical and subject to any requirements imposed by law, the benefits and pension plan providers will keep the information confidential.

18.Pension plan and employment records, including, but not limited to, requests for bereavement and parental leave, medical/dental insurance claims, next-of-kin declarations, beneficiary designations, inquiries about the extension of benefits/pensions to a spouse, as well as resumes, academic transcripts, and letters of reference, shall be kept confidential, subject to reasonable limits and except where disclosure is required by law.

19. Personal information disclosed to the Firm shall be stored in a manner so as to limit access to this information to those who require access to handle a matter.

28 For definition, please refer to the Glossary of Terms at Part V. A firm may wish to include the Glossary of Terms, or some of the definition, in its policy. 29 Ibid. 30 Ibid. 31 The Firm is aware that information which identifies the gender of an individual's spouse or claims for benefits for certain prescription drugs/ medical treatments can indirectly reveal an individual's sexual orientation or gender identity. 16 231

20. Where practical, the Firm will arrange for individuals who work at the Firm to register and submit claims directly to the provider with whom the Firm has contracted for employment benefits and pension plans. Where that provider is unwilling/unable to consent to the request that individuals who work at the Firm submit claims directly to that provider, [insert title of position appointed under this policy] will be responsible for assisting in the registration and collection of benefits. Individuals entrusted with this responsibility will be trained with regard to the Firm's expectation that any information acquired while carrying out related duties is to be kept in strict confidence.

PROCEDURES

21. The Firm ensures that its employment benefits and pension plans comply with the statement of principles and duty of confidentiality outlined in this policy.

22. The Firm will appoint [insert title of position(s) responsible, hereinafter "the Appointed Person"]32 to ensure that all policies adopted by the Firm are consistent with this policy.33

23. The Appointed Person will also be available to answer, in confidence, any questions an individual working at the firm may have with respect to this policy or the Firm's employment benefits and pension plan

APPLICATION

Employment and Pension Benefits and Employment Practices

24. Employment and pension benefits are conferred on all individuals who work at the Firm, regardless of that individual's sexual orientation or gender identity. Examples of such benefits include:

a. Bereavement Leave- a leave granted to an individual, either with or without pay, on the death of a relative or a relative of a spouse.

b. Dental Benefits- see Medical Benefits.

32 Depending on the size and structure of the organization, the firm may wish to appoint the Director of Human Resources, a Senior Partner, or a committee of individuals to fulfill this role. 33 The Appointed Person should be provided with a private workspace or office area so as to be able to answer questions about employment benefits in confidence. When completing administrative work related to the registration and collection of benefits, the Appointed Person must ensure that the general public or others who are in the vicinity cannot see the enrollment and claim forms or computer submissions. 17 232

c. Emergency Leave- a leave granted to an individual,34 either with or without pay, to attend to a matter, emergency or otherwise, of a family member.35

d. Group Life Insurance- term insurance covering a group of people such as employees of a company. A spouse may be designated the beneficiary of group life insurance. The plan provider may require disclosure of the plan members' beneficiary designations.

e. Maternity Leave- a leave, either with or without pay, granted to a birth mother to provide time off for pregnancy and childbirth and to provide time to bond with the newly born child.

f. Medical Benefits- packages offered by employers covering various health and dental expenses. The Firm should communicate its medical and dental benefits plan to all employees.

g. Parental Leave- a leave granted, either with or without pay, to an individual following the birth of a child or the coming of a child into the individual's custody, care and control for the first time. Parental leave cannot be denied to qualifying employees on the basis of sexual orientation. 36

h. Pension Plan Survivor Benefits- survivor benefits are benefits paid to the eligible survivors or to the estate of a deceased contributor who has made enough contributions to the Canada Pension Plan. The benefits are

34 The Firm may choose to extend Emergency Leave to all individuals who work at the Firm regardless of its size and regardless if they fall within the ambit of the ESA, 2000, supra note 27. 35 The ESA, 2000 defines "spouse" as either of two persons who, (a) are married to each other, or (b) have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right. ("conjoint") Section 50(1) of the ESA, 2000, sets out an entitlement to a leave of absence without pay for employees of employers who regularly employ 50 or more employees because of: 2. The death, illness, injury or medical emergency of an individual described in subsection (2) [or] 3. An urgent matter that concerns an individual described in subsection (2). Section 50(2) states that: Paragraphs 2 and 3 of subsection (1) apply with respect to the following individuals: 1. The employee's spouse 2. A parent, step-parent or foster parent of the employee, the employee's spouse 3. A child, step-child or foster child of the employee, the employee's spouse 4. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee's spouse 5. The spouse of a child of the employee. 6. The employee's brother or sister. 7. A relative of the employee who is dependent on the employee for care or assistance. 36 Section. 48(1) of the ESA, 2000 states that ~An employee who has been employed by his or her employer for at least 13 weeks and who is the parent of a child is entitled to a leave of absence without pay following the birth of the child or the coming of the child into the employee's custody, care and control for the first time. 18 233

available to qualifying spouses or common law partners, regardless of sex. Spouses or common law partners who at "relevant times" live separate and apart from the pension plan member lose entitlement to benefits.37

i. Relocation Allowances- expenses arising from the relocation of an individual who works at the Firm and their spouse that are reimbursed by the Firm shall be reimbursed by the Firm regardless of an individual's sexual orientation.

25. Next of Kin Declarations- Human Resources or the Appointed Person shall keep this confidential information on file for use in the event of a medical emergency.

26. The Firm shall not administer its benefit plans in a discriminatory manner based on sexual orientation, gender identity or gender expression.

Social Events

27.The Firm is committed to creating a work environment in which those who work at the Firm and identify as LGBTTIQQ2SA are treated with respect and are included in all aspects of the Firm's social culture. Milestones in the personal lives of individuals who work at the Firm that are celebrated by the Firm shall include all individuals, regardless of their sexual orientation or gender identity.

28. The following events in the personal life of an individual who works at the Firm may be either officially or informally observed:

a. Events to Celebrate the Birth of a Child/ Adoption/ Weddings/ Commitment Ceremonies/ Anniversaries -The Firm encourages the celebration of significant events in the lives of all individuals covered by this policy. b. Funerals - The Firm extends expressions of sympathy on the death of a spouse or family member of any individuals working at the Firm ..

c. Holiday or Firm Parties -The Firm encourages those covered by this policy and their spouses/guests, if they wish, to attend holiday or firm parties.

37 Canada Pension Plan (RSC, 1985, c C-8), online: [Canada Pension Plan]. 19 Inclusion of Transgender Individuals working at the Firm

29. The Firm recognizes that transgender individuals may face distinct barriers to inclusion in the workplace. The following employment practices are adopted to ensure that transgender persons are treated equally and with dignity:

a. Washroom and other Gender-Specific Facilities- The Firm respects the needs of those who identify as transgender regarding the use of washrooms and gender-specific facilities. It is that person's right to use a washroom that is in accordance with their gender identity and presentation.

b. Dress Code Policy- The Firm's Dress Code policy respects the rights of those who identify as transgender, and permits any person to dress consistently with their gender identity. This provision is subject to reasonable limits and/or bona fide occupational requirements.

c. Name and sex-designation change- The Firm recognizes that a person at the Firm who is transitioning may choose to change their legal name and pronoun to reflect their reassigned gender. When the person who is transitioning is ready, the Firm will use the new name and pronoun in all daily written and oral communication. Once the person's name has been legally changed, the Firm will update all internal and benefits related systems to reflect the new name.

d. Use of the appropriate pronoun- The Firm and its employees will use the pronoun chosen by the person who identifies as transgender in any and all communications. If unsure of which pronoun to use, it is appropriate to respectfully ask the person which pronoun they prefer.

e. Medical and leave benefits- Effective June 2008, some may be eligible for coverage of sex reassignment surgery as an insured service under the Ontario Health Insurance Plan (OHIP).38 Any additional medical or leave benefits related to sex reassignment surgery will be communicated by the Firm to all employees.

f. Privacy and Confidentiality- The Firm recognizes that a person's transgender identity is confidential and may only be disclosed with the consent of the person. The Firm will take any steps necessary to ensure

38 0 Reg 6104, amending the Health Insurance Act, RSO 1990, c H6. Coverage for sex-reassignment surgical procedures is only available to patients who have completed the Gender Identity Clinic program operated by the Center for Addiction and Mental Health and for whom the clinic has recommended that surgery take place. See Relisting of Sex-Reassignment Surgery under OHIP, Bulletin 4480, Ministry of Health and Long Term Care (June 2008), online: . 20 235

that a person's privacy needs are met when dealing with day to day workplace policies, such as payroll and identification documents.

RECOURSE

30. Should a person believe that benefits are being conferred or administered in a discriminatory manner, the Firm encourages that person to report it to [insert the title of the position responsible for handling complaints], who shall do what is necessary to address the situation. All complaints or inquiries made under this section will be confidential.

31. Further recourse may be available under other policies adopted by the Firm, including [the Firm should list other applicable policies, such as a policy on preventing or addressing discrimination and harassment; an accommodation policy, etc ... ].

32. Nothing in this policy precludes a person from seeking assistance or filing complaints under external avenues of recourse including,

• the Discrimination and Harassment Counsel;

• the right to file an application with the Ontario Human Rights Tribunal under the Code;

• the right to file a complaint with the Law Society of Upper Canada under the Rules and Paralegal Rules.

EDUCATION AND TRAINING

33.As an extension of its commitment to a discrimination and harassment-free workplace, all current and future individuals who work at the Firm will be informed of the policy. The Firm will make the policy available to all who work at the Firm. 39

34. Training on the duty of confidentiality under this policy will be provided for all individuals at the Firm who have access to confidential information collected for the purposes of registration and administration of the employment benefits and pension plans.

39 The firm may wish to state in its recruiting materials that where it extends benefits to spouses, it is committed to providing those benefits in a non-discriminatory manner. Also, the firm may assert in its recruiting materials that it is commitment to encouraging full participation in the firm's employment and social benefits, regardless of sexual orientation and gender identity.

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PART IV- EMPLOYER OBLIGATIONS UNDER THE LAW

22 '7 2:JJ

SAME-SEX BENEFITS

Sexual Orientation as Prohibited Ground of Discrimination

Ontario Human Rights Code40

Sexual orientation is a prohibited ground of discrimination under the Code. It has been repeatedly and actively recognized by the courts and the Human Rights Tribunal of Ontario that same-sex relationships are fundamentally worthy of the same respect, dignity and equal treatment as the intimate relationships of heterosexual individuals.

Legal Recognition of Same-Sex Marriage

The Civil Marriage Acf41, grants same sex marriage rights to all Canadians, by providing a gender neutral definition of marriage.42 In its enactment, the Civil Marriage Act also amended several other pieces of Federal legislation to conform with the changes.43

Tax benefits

Income Tax Acf44

With the legalization of same sex marriage, the Income Tax Act (ITA) was amended to confer benefits equally to both heterosexual and same sex spouses and common law conjugal partners. 45

4o Code supra note 1. 41 Civil Marriage Act, SC 2005, c 33, online: [Civil Marriage Ac~. 42 Section 2 of the Civil Marriage Act states that: "Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others". 43 Consequential Amendments from the Civil Marriage Act include Canada Business Corporations Act (RSC , 1985, c C-44), online: ; Canada Cooperatives Act (SC 1998, c 1), online: ; Canada Pension Plan supra note 37; Civilian War-Related Benefits Act ( R.S.C. , 1985, c C-31 ), online: ; Divorce Act (RSC, 1985, c 3 (2"d Supp)), online: ; Federal Law-Civil Law Harmonization Act, No 1 (SC 2001, c 4), online: ; Income Tax Act (RSC, 1985, c 1 (51h Supp)), online: [ITA]; Marriage (Prohibited Degrees) Act (SC 1990, c 46), online: ; and, Modernization of Benefits and Obligations Act (SC 2000, c 12), online: . 441TA supra note 43. 45 The definition of spouse as exclusive to the domain of heterosexual couples was challenged in Rosenberg v Canada (Attorney General) (1998) 158 DLR (41h) 664, online: . Rosenberg was employed by C.U.P.E., which required mandatory enrollment in a private pension plan. Under the plan, surviving opposite-sex spouses of deceased members were entitled to two-thirds of the member's benefits. The C.U.P.E. plan was registered with Revenue Canada (now the Canada Customs and Revenue Agency) in order to take advantage of the tax deferral benefits offered under the ITA, supra note 44. However, s. 252(4) of the ITA limited private pension plans registration to plans which restricted 23 238

GENDER IDENTITY

Prior to June 2012, discrimination on the basis of gender identity or gender expression was not explicitly prohibited under the Code. Discrimination against those who identify as transgender was considered to be discrimination on the basis of sex, disability (Gender Identity Disorder found to be a disability) or both.46

In June 2012 however, the Ontario Legislature passed Bill33, also known as Toby's Act, enshrining the "Right to be free from discrimination and harassment because of gender identity or gender expression" into the Code. 47 Pursuant to Toby's Act, the Code was amended to explicitly protect the rights of those who identify as transgender, and serves as an important step towards ensuring that those who identify as transgender in Ontario enjoy both equal treatment as well as equal access to all goods and services.48

In the employment context in Ontario, the Code provides that every person has the right to equal treatment without discrimination because of sex, gender identity or gender expression. The Code aims to protect individuals who may be targeted for discriminatory behaviour because of stereotypes, rather than being judged on their individual merits. An employer is prohibited from limiting employment opportunities for

survivor benefits to opposite-sex spouses. Under the ITA, the term 'spouse' was expansive, encompassing opposite-sex couples who were both legally married and those who had been living in common law conjugal relationships for a period of 12 months. The Ontario Court of Appeal held that the definition was discriminatory on the basis of sexual orientation and that the appropriate remedy would be to include same-sex partners into the ITA definition. With the enactment of the Civil Marriage Act, the ITA was further amended to simply refer to "spouse" and "common-law partner'' inclusive of all individuals regardless of sex. 46 See Hogan v Ontario (Health and Long-Term Care) 2006 HRTO 32, online: ; MacDonald v Downtown Health Club for Women, 2009 HRTO 1043, online: ; Kavanagh v Canada (Attorney General), [2001] CHRD No 21, at para 135, online: . 47 Bill 33, Toby's Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression) SO 2012 C 7, online: . 48 In the lead up to the enactment of Toby's Act, the Human Rights Tribunal of Ontario (HRTO) further affirmed that gender identity should be determined based on lived experience rather than a surgical procedure. In XY v. Ministry of Government and Consumer Services (XY) the HRTO held that the Vital Statistics Act (VSA) discriminated against transgendered people by requiring them to undergo sex reassignment surgery in order to change the sex designation of their birth certificate. The VSA was subsequently amended to remove the surgery requirement, thus enabling all trans people to have identification documents which reflects their experienced gender. See XY v Ontario (Government and Consumer Services), 2012 HRTO 726, online: . The decision in XY is further supported by the Ontario Human Rights Commission's Policy on Discrimination and Harassment based on Gender Identity (2000) intended to help the public understand how the Code protects against discrimination and harassment based on gender identity (understood at this time as "sex"). The Policy is currently in the process of being revised and updated. See Policy on Discrimination and Harassment based on Gender Identity (OHRC: March 2000, revised December 2009), online: . 24 transgender individuals and from discriminating against individuals based on their gender identity or gender expression.

PROFESSIONAL RESPONSIBILITY

Section 6.3.1 (Discrimination) of the Rules49 (formerly Rule 5.04) and Rule 2.03 (Harassment and Discrimination) of the Paralegal Rules 50 impose an obligation on all lawyers and paralegals to refrain from discrimination on enumerated grounds. Under the same rules, lawyers and paralegals are charged with the responsibility of respecting human rights laws in force in Ontario.

A prohibition on sexual harassment is found in Section 6.3 (Sexual Harassment) of the Rules (formerly Rule 5.03) and Rule 2.03 of the Paralegal Rules (Harassment and Discrimination). The commentary to Rule 6.3-0 suggests that behaviours such as making unwanted inquiries or comments about another's sexual orientation or sex life, making degrading comments about a particular sex, as well as making derogatory comments of a sexual nature toward an individual are unacceptable actions. The Rule imposes a duty on all members of the profession to refrain from such offensive behaviour.

PENSION BENEFITS AND REGISTRATION OF PENSION PLANS

With the legalization of same sex marriage in Canada, pension benefits are extended equally to both heterosexual and same sex spouses and common law partners of plan members. Spouses can receive a pre-retirement benefit where the plan member dies before retirement or a survivor benefit if the plan member dies after retirement. 51

Married spouses, living separate and apart, continue to be eligible for survivor pension benefits as long as the marriage has not ended in divorce or the contributor has not resided in a conjugal relationship with another person for at least one year. However, upon the separation of common law spouses, their right to survivor pension benefits is relinquished. Thus, the common law spouses must be living together at the time of the contributor's death in order to collect survivor pension benefits. 52

Pension plans that entitle same sex partners of the plan members to survivor benefits may be registered under the ITA. 53

49 Rules supra note 2. 50 Paralegal Rules supra note 3. 51 Canada Pension Plan supra note 37. 52 See Hodge v Canada (Minister of Human Resources Development), [2004] SCR 357, online: . 53 See Rosenberg supra note 45. 25 240

EMPLOYMENT BENEFITS-GENERALLY

Benefits granted in addition to those set out in the Employment Standards Act, 2000 (ESA, 2000)54 and its companion, O.Reg.286/01, are conferred at the discretion of the employer. Employers have a legal obligation to extend benefits to opposite-sex and same-sex spouses and partners alike.

EMPLOYMENT BENEFITS- GROUP INSURANCE PLANS

Section 44 of the ESA, 2000 expressly prohibits discrimination on the basis of marital status, which includes same-sex partnerships, in the provision of employee benefits. 55 Regulation 286/01 sets out exceptions where distinctions are permitted on the basis of sex, age, disability and marital status. In essence, it is not permissible to differentiate on the grounds of marital status between people with opposite-sex partners and those with same-sex partners. It is permissible, however, to distinguish between employees with partners (either of the opposite or same sex) and those without partners. The legislation mandates that permitted differential treatment must be made on an actuarial basis.

PREGNANCYAND PARENTAL LEAVE

Minimum pregnancy and parental leaves are mandated by the ESA, 2000 and are available to employees who qualify. In the case of maternity leave, it is available to all qualifying and birth mothers, including surrogate mothers.

Parental leave is available under the ESA, 2000 to a qualifying adult who is a parent following the birth of a child or the coming of the child into the individual's custody, care and control for the first time. 56 "Parent" as defined ins. 45 of the ESA, 2000, "includes a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own". Because the leaves are a statutory right, employers have no discretion to grant or withhold maternity and parental leave to qualifying individuals.

54 ESA, 2000 supra note 27. 55 ESA, 2000 s 44 (1) provides: Except as prescribed, no employer or person acting directly on behalf of an employer shall provide, offer or arrange for a benefit plan that treats any of the following persons differently because of the age, sex or marital status of employees: 1. employees. 2. beneficiaries. 3. survivors. 4. dependants. 56 ESA, 2000 supra note 27 at s 48(1 ). 26 Under the Employment Insurance Act, 1996 (EIA) 57 maternity benefits are available to qualifying individuals who can prove their pregnancy.

The EIA makes parental benefits available to qualifying individuals for the care of one or more new-born children of the claimant or one or more children placed with the claimant for the purposes of adoption under the laws governing adoption in the province in which the claimant resides.

Payable as of January 2011, the EIA also provides special benefits to self employed persons, including maternity, parental, adoption, sickness and compassionate care benefits. 58 The E/ Special Benefits were previously only available to wage earners and salaried workers.

An employer may supplement benefits ("top up") received under the EtA provided the conditions set out ins. 38 the Employment Insurance Act Regulations are met. 59 The conditions are that the combined weekly benefits received under the EIA and from the employer do not exceed the employee's weekly earnings and that the amount paid by the employer does not reduce the individual's accumulated sick or vacation leave, severance pay or other accumulated credits from employment.

Effective March 2009, the Law Society of Upper Canada launched the "Parental Leave Assistance Program" (PLAP) to support lawyers in small firms or sole practitioners to maintain their practices after the birth or adoption of a child. The program provides financial benefits to practising lawyers who are partners in firms of five lawyers or fewer who do not have access to other maternity, parental, or adoption financial benefits under public or private plans and who meet the eligibility criteria. 60

EMERGENCY LEAVE

The ESA, 2000 provides for unpaid leaves for employees whose employer regularly employs 50 or more employees in the event of death, injury or medical emergency of a spouse, partner or other family members.61

PUBLIC COMMITMENT CEREMONIES

Though same sex marriage is now legal in Canada, some couples (whether heterosexual or same sex) may choose to undergo public commitment ceremonies

57 Employment Insurance Act, SC 1996 c 23, online: . 58 For details of the new El benefits plan and how to apply, see Human Resources and Skills Development Canada, online: and Services Canada, online: . 59 Employment Insurance Act Regulations SOR/96-332 as amended SOR/2002-274, s 2; SOR/202-274, s 3, online: . 6°For more details about the program and eligibility criteria see The Law Society of Upper Canada, online: . 61 Section 50(2) of the ESA, 2000, supra note 27, provides an exhaustive listing of the particular individuals and their relationship to the employee. 27 242

instead of legal marriage. In Boutilier v Canada (Natural Resources)62, the Canadian Human Rights Tribunal held that the Treasury Board's practice of denying leave to employees for the purpose of participating in public same-sex commitment ceremonies was discriminatory. In addition to ordering the employer to cease the discriminatory practice, the Tribunal ordered the Treasury Board to grant leaves for marriage and public commitment ceremonies on the same terms. The employer was further ordered to credit the complainants' annual leave used when marriage leave was denied and to pay $5,000 for the pain and suffering of each complainant.

62 Boutilier v Canada (Natural Resources) [2003] CHRD No 14 (CHRT) . 28 243

PART V- GLOSSARY OF TERMS

29 244

GLOSSARY OF TERMS

The definitions in this glossary are adapted and/or taken from: • The Ontario Human Rights Commission Gender identity and gender expression brochure63; • The Ontario Human Rights Commission's Policy on discrimination and harassment because of gender identity;64 • Project Open Door's Trans Inclusion Policy and Procedure Toolkit 65 ; • The 519 Church Street Community Centre's Equity Glossary ofTerms66; • The University of British Columbia's Sexual Orientation and Gender Identity Glossary; • The University of California Davis' LGBTQIA Glossary; and • The definition of "Two-Spirited person" was developed by the McGill Project: Two Spirited People. 67

The Law Society recognizes that language is fluid and culturally specific. The terms and definitions listed below may change over time and may have different meanings in different contexts. Furthermore, in all instances, self-identification is paramount.

This is not an authoritative and/or exhaustive list.

Ally: A person who understands that lesbian, gay, bisexual, transgender, Two-Spirited and queer people suffer from discrimination, and who uses their privilege to support or advocate for these communities. Being an ally can mean using inclusive language, being sensitive, and showing respect and support to individuals and community members.Ba

63 Gender identity and gender expression brochure, Ontario Human Rights Commission, (Toronto: Queen's Printer for Ontario, 2013), online: [Gender identity and gender expression brochure]. 64 Policy on Discrimination and Harassment Because of Gender Identity (Toronto: Ontario Human Rights Commission, March 2000, revised December 2009), online: . 65 Trans Inclusion Policy and Procedure Toolkit (Toronto: Project Open Door, the 519 Church Street Community Centre, 2011) [Trans Inclusion Policy]. 66 The 519's Equity Glossary of Terms, The 519 Church Street Community Centre, available online: [Equity Glossary of Terms]. 67 For the full definition and citation see Brotman, Shari and Ryan, Bill, Critical Issues in Practice with Gay, Lesbian, Bisexual and Two-Spirit People, McGill School of Social Work (2001) at 9, online: . 68 Trans Inclusion Policy supra note 65 at 50. 30 Asexual: A person who has no sexual attraction to others.69

Bisexual: A person who may be sexually or romantically attracted to people of any genderorsex.YO

Crossdresser: A person who, for emotional and psychological well-being, dresses in clothing usually associated with the "opposite" sex. 71

Gay: A man who is romantically/sexually attracted to or involved with other men. This term has also has been used as an umbrella term for everyone who has same-sex romantic/sexual attractions or relations, particularly in mainstream media, but this usage is falling-out of favour because it is not as inclusive as some of the other umbrella terms, such as "queer" or the acronym "LGBTTIQQ2SA." Some lesbians prefer to call themselves "gay".72

Gender expression: The external attributes, behaviour, appearance, dress, etc. by which people express themselves and through which others perceive that person's gender.73

Gender identity: A person's subjective sense of self, in particular, their inner sense of being male or female. A person's gender identity is different from their sexual orientation. A person's gender identity may be different from their birth-assigned sex and/or their physical sex characteristics and may include female, male, transgender, transsexual, intersex, crossdresser, or trans.74

Heterosexism/Heteronormativity: The presumption that heterosexuality is universal, normative and/or superior to homosexuality, lesbianism and bisexuality. Prejudice, bias or discrimination may be based on such presumptions.75

Homophobia: A learned discomfort with, or fear, dislike or hatred of homosexuality and/or lesbianism or gay people. This could include, but is not limited to, a discomfort with or dislike of lesbian or gay people, bisexual people (biphobia) and transgender people (transphobia).76 lntersexed: Being born with both XX and XY chromosomes, the full or partial sex organs of both male and female genders, or with underdeveloped or ambiguous sex organs, in addition to a hormone balance reflective of both genders. Those who are

69 519's Equity Glossary of Terms supra note 66 at 4. 70 Ibid. 71 Gender identity and gender expression brochure supra note 63. 72 The University of British Columbia's Sexual Orientation and Gender Identity Glossary, online: . 73 Gender identity and gender expression brochure supra note 63. 74 Ibid. 75 519's Equity Glossary supra note 66 at 2. 76 1bid at 3. 31 246 born intersexed may also embody secondary sex characteristics of either gender. This word replaces the inappropriate term 'hermaphrodite'.??

Lesbian: A female identified person who is romantically/sexually attracted to or involved with other womenJB

LGBTT/QQ2SA: An acronym used to refer to lesbian, gay, bisexual, transsexual, transgender, intersex, queer/questioning, two-spirited, and allies.

Out: A person who lives as openly gay, lesbian, bisexual or trans.79

Queer: An umbrella term used by some people who self identify as members of the LGBTTIQQ2SA communities and cultures. This term has not been reclaimed by everyone and may be hurtful for some.80

Sexual orientation: An enduring emotional, romantic, sexual, and/or affectional attraction. Terms include homosexual, heterosexual, bisexual, pansexual, non­ monosexual, queer, and asexual, and may apply to varying degrees.81

Sex-reassignment surgery: Medical procedures by which an individual's genitals and/or secondary sex characteristics are surgically altered to create the physical appearance of a different biological sex. 82

Two-Spirited: A term derived from interpretations of Aboriginal languages used to describe a person who has received the gift of having the privilege to house both male and female spirits in their bodies. The concept of Two-Spirited person relates to today's designation of being a gay, lesbian, bisexual and transgender person of Aboriginal origins. Being given the gift of two-spirits means that the individual has the ability to see the world from multiple perspectives at the same time. The term also has significant cultural and spirituallayers.83

Trans: An umbrella term that encompasses any person whose gender identity does not match society's expectations of someone with their physical sex characteristics. This may include transgender or transsexual individuals. 84

Transgender: Someone whose life experience includes existing in more than one gender. This may include people who identify as transsexual and people who describe

77 Gender identity and gender expression brochure, supra note 63. 78 519's Equity Glossary, supra note 66 at 4. 791bid at 5. 80 Trans Inclusion Policy, supra note 65 at 51. 81 The University of California Davis' LGBTQIA Glossary, available at http://lgbtcenter.ucdavis.edu/lgbt­ educationllgbtqia-glossary. 82 Ibid. 83 McGill Project, supra note 67 at 9. 84 Ibid. 32 247 themselves as being on a "gender spectrum" or as living outside the categories of "man" or "woman".85

Transgenderists: Self-identifying and presenting as a different gender than that which is socially expected based on their physical sex characteristics, but have decided not to undergo sex reassignment surgery.86

Transition: The process of changing one's sex, which may or may not include hormones, cross living, and sex-reassignment surgery.B7

Transphobia: A learned discomfort with, or fear, dislike or hatred of trans persons. Like all prejudices, it is based on negative stereotypes and misconceptions that are then used to justify and support discrimination, harassment, and violence toward people who are transgender.B8

Transsexual: People whose gender identity is different from the sex assigned to them at birth. They may seek or undergo one or more medical treatments to align their bodies with their internally felt identity, such as hormone therapy, sex-reassignment surgery or other procedures.89

85 Gender identity and gender expression brochure supra note 63. 86 Policy on discrimination and harassment because of gender identity supra note 64 at 15. 87 Ibid. 88 Trans Inclusion Policy supra note 65 at 52. 89 Gender identity and gender expression brochure supra note 63. 33 This is Exhibit ''N" to the Affidavit of Albert Lam, sworn before me this ['i~ day of June, 2017. ~ Commissioner for Taking Affidavits Helen Falbo. a Commlsslonvr. etc .. Province of Ontario. tor Goldblatt Partners LLP. Barristers and Solicitors. Expires November 10. 2018. RESPONSE RATES The Law Society of Upper Canada has been collecting self-identification data in the Lawyer Annual Report since 2009. The structure of the survey at the time permitted the lawyer to opt to pass over the question and provide no response. This option has been modified so that, while a lawyer can still decline to self-identify, the person must now so indicate by expressly entering this response.

RESPONSE RATES FOR EACH QUESTION* Aboriginal 88.8% Able to Practice in French 84.7% Racialization 77.4% Have a Disability 84.5% Sexual orientation 81.9% Gender 100.0% Identify as Francophone 90.4% "'There is no missing do to for gender, which is obtained from administrative records

REPRESENTATION OF ABORIGINAL AND RACIALIZED PERSONS among Ontario Lawyers, 2015, compared to the Ontario Population, 2011

I Ontario Population

Group Lawyers Persons in the University Graduates Everyone Labour Force, in the Labour Force, Age 25 or more Age 25 or more

First Nations 316 1.0 1.6 1.2 0.5 lnuk 4 0.01 0.02 0.02 0.01 Metis 155 0.5 0.7 0.6 0.3 Multiple Aboriginal 0.02 0.02 0.01 ~w.rar~~irfi:l~!§~tf1i:iiYI;~~*\'J~~~~~·f~t~;jr&~~r~t~t;;;~~:Jr~i!:s]m~it;t;~illt1~~~m~i~~~~~r~!~t\:fsgi~~:~i~Ni).!:"1~~ Arab 270 0.8 1.1 0.9 1.5 Black 981 3.1 4.3 3.8 2.7 Chinese 1,053 3.3 5.0 5.1 8.5 East Asian (includes Japanese, Korean) 413 1.3 3.0 3.2 4.7 Latino 185 0.6 1.4 1.5 1.2 South Asian 1,980 6.2 7.7 7.2 10.8 Southeast Asian 231 0.7 1.1 1.1 0.9

West Asian 318 1.0 1.0 0.8 1.3 Other Visible Minority 0.6 0.6 0.4 Other Aboriginal 0.1 0.1 0.1 More than one Racialized Group 141 0.4 0.7 0.5 0.7 Racialized and White 374 1.2

Not Aboriginal, Declined Racialization Question 4,688

Declined Aboriginal and Racialization Questions 4,640

Total 100.0 100.0 100.0 100.0 Number 12,595,534 5,812,410 1,778,891 Source: 2015 LSUC Lawyer Annual Report and 2011-- National Household Survey public use microdata file; analysis by Michael Ornstein For more information about the Law Society of Upper Canada please visit our website at www.lsuc.on.ca Statistical Snapshot of Lawyers in Ontario 250 FACT SHEET I 2

DETAILED RACIALIZATION BY AGE for Ontario Lawyers, 2015

First Nations and lnuk 73 108 85 44 10 0.9 1.3 1.2 0.8 0.4 Metis 62 45 30 11 7 0.7 0.5 0.4 0.2 0.3

Arab 129 94 34 12 1 1.5 1.1 0.5 0.2 0.0 Black 261 362 267 72 19 3.1 4.2 . 3.8 1.3 0.8 Chinese 451 336 167 78 21 5.3 3.9 2.4 1.4 0.9 East Asian 140 167 79 16 11 1.7 2.0 1.1 0.3 0.5 Latino 85 72 24 4 0 1.0 0.8 0.3 0.1 0.0 South Asian 833 709 321 84 33 9.8 8.3 4.6 1.5 1.4 Southeast Asian 93 85 35 16 2 1.1 1.0 0.5 0.3 0.1 West Asian 210 83 20 3 2 -2.5 1.0 0.3 0.1 0.1 More than one Racialized 76 46 14 3 2 0.9 0.5 0.2 0.1 0.1 Group 2.0 1.5 0.8 0.3 0.2

Not Aboriginal, Declined 1,058 1,140 1,073 958 459 Racialization Question Declined Aboriginal and 779 1,056 1,249 1,060 496 Racialization Questions Total ••·+«··---...... Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein Smi>ho< of L•wyee> in Onmio • FACT SHEET I 3

DETAILED RACIALIZATION BY YEAR OF CALL for Ontario Lawyers, 2015

2007 Year of Call 2012 1997 1986 1977 Before 2012 2007 1997 1986 1977 Before 2015 -2014 -2011 -2006 -1996 -1986 1977 2015 -2014 -2011 -2006 -1996 -1986 1977

Years in Practice I 2-4 5-9 10-19 20-29 30-39 40+ I 2-4 5-9 10-19 20-29 30-39 40+ ------... number percent excluding missing First Nations and lnuk 18 43 53 137 48 17 4 1.1 1.0 1.0 1.6 0.8 0.4 0.2 Metis 17 29 41 43 14 7 4 1.0 0.7 0.8 0.5 0.2 0.2 0.2 ~~:6riWM~b'ri@.::~::U~E±i~~fill~i;;;;;:~~~~~}]fii?:.~Ji9:44~~~;~}[·g{:~2] ~~~~~~%2~~ ~~~.;J:;f;~~·sj · R·a·tiairi~·d ~ ··-. ~~:~ \~~- ·, --~ .. ~ · ~-~;~:~~-~}·:·.~::::· :: ~ · ·:{[~~:--,~ .. =.f~~- ~: :~~;;~::~~~~~~t~:z~~~:r~~~~~!i;~~:;~1~~\~tt:l~~:::LiJ~:~~~~~~.i~~gr}~~r~~if~ffJ~~~~~f~:j Arab 20 64 75 78 23 9 1 1.2 1.5 1.4 0.9 0.4 0.2 0.1 Black 78 179 234 360 112 14 4 4.6 4.2 4.5 4.1 1.9 0.3 0.2 Chinese 108 213 245 297 143 43 4 6.4 5.0 4.7 3.4 2.4 1.0 0.2 East Asian 26 75 101 143 48 16 4 1.5 1.8 1.9 1.6 0.8 0.4 0.2 Latino 17 64 43 47 11 3 0 1.0 1.5 0.8 0.5 0.2 0.1 0.0 South Asian 196 495 503 618 142 20 6 11.6 11.7 9.6 7.1 2.4 0.5 0.3 Southeast Asian 29 39 69 73 19 2 0 1.7 0.9 1.3 0.8 0.3 0.0 0.0 West Asian 44 116 92 57 7 1 1 2.6 2.7 1.8 0.7 0.1 0.0 0.1 More than one Racialized 22 33 37 42 6 0 1 1.3 0.8 0.7 0.5 0.1 0.0 0.1 Group Racialized and White 48 81 88 112 34 9 2 2.8 1.9 1.7 1.3

¥Rili:ialized,-.~-"~·=·'='·u·· totiii\~J~;::;·:;:~-~,1~':~ ··-'F!1r'""~'~r :: (~~5~f,:!',1J359'·;_1'-'\l)48(:;~,,1;JI2l~j:if~:m::·:;L1rt;·~~~e:;;Il~ ''·r··· 'j[' Mr · ·~~-,~·ra -~!ful~~~~~ ,, ...p. •· ·~ ~M··.r·1r~~r~rllIJ:34;g, ~ .~?~:28,3·· 'l~\21;0, Jt9l t~~;~z;;;{,~:·~1(~~~i~i1:i;:;:~J (it~~i~<~~::::::~;i~j~ ~~i~~?~jir.[,~i~i~~ ·ri~~~~ ~~ij;fi~~~·~*i~fi~ ~~;s~~-2~tr!~~i~~t~i~~1 :~~i~:~· Not Aboriginal, Declined 204 535 695 1,158 960 780 356 Racialization Question Declined Aboriginal and 123 409 576 1,208 1,075 866 383 Racialization Questions Total MJ.i§IMjfljM$flili!¥1MM?JMM•ibMJ¥i 11!111!1111111!1111111!111!1 Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein Statistical Snapshot of Lawyers in Ontario FACT SHEET I 4

GENDER, SEXUAL ORIENTATION, FRANCOPHONE IDENTITY, ABILITY TO PRACTICE IN FRENCH AND DISABILITY BY AGE for Ontario Lawyers, 2015

Women 17,850 5,530 5,547 4,042 2,402 329 43.1 53.7 51.6 43.6 31.4 9.8 Men 23,519 4,775 5,213 5,238 5,259 3,034 56.9 46.3 48.4 56.4 68.6 90.2

LGBTQ 1,056 378 279 259 112 28 3.1 4.2 3.1 3.5 1.9 1.1 NotLGBTQ 32,815 8,527 8,783 7,087 5,849 2,569 96.9 95.8 96.9 96.5 98.1 98.9 Declined to Answer 7,498 1,400 1,698 1,934 1,700 766

Yes 1,924 593 616 440 204 71 5.1 6.2 6.3 5.3 3.0 2.4 No 35,477 8,996 9,233 7,805 6,566 2,877 94.9 93.8 93.7 94.7 97.0 97.6 Declined to Answer 3,968 716 911 1,035 891 415

Can Provide Legal Advice 3,212 934 1,013 741 398 126 9.2 10.8 11.0 9.5 6.2 4.2 and Represent Can Provide Legal Advice 1,736 451 513 403 273 96 5.0 5.2 5.6 5.2 4.2 3.2 But Not Represent Cannot 30,111 7,235 7,709 6,646 5,769 2,752 85.9 83.9 83.5 85.3 89.6 92.5

Declined to Answer 6,310 1,685 1,525 1,490 1,221 389 .~ ~ ..

Yes 1,290 267 289 320 315 99 3.7 3.0 3.1 4.2 5.0 3.5 No 33,660 8,743 8,973 7,295 5,949 2,700 96.3 97.0 96.9 95.8 95.0 96.5 Declined to Answer 6,419 1,295 1,498 1,665 1,397 564 All Lawyers lll!mll!·l!·~ll!·l~~·••~~:l·l•~m•••m• ·N·I·I•I·I·I·I•!·I·I·I•I·I·I·I•I·I·I·I•!·I·I•I Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein Statistical Snapshot of Lawyers in Ontario 253 FACT SHEET I s

TYPE OF LICENCE BY RACIALIZATION for Ontario Lawyers, 2015

Aboriginal First Nations 25 8 12 3 3 8 22 3 5 11 100 320 andlnuk Metis 23 7 19 5 1 4 23 1 5 12 100 155

Arab 20 11 24 6 3 10 11 0 9 7 100 270 Black 28 6 13 2 4 10 18 1 6 11 100 981 Chinese 18 8 23 2 2 17 12 0 5 12 100 1,053 East Asian 14 13 19 2 1 16 16 1 5 12 100 413. Latino 21 9 25 3 3 12 11 2 4 9 100 185 South Asian 27 8 18 3 2 12 11 2 5 11 100 1,980 Southeast 27 10 20 3 1 10 12 1 5 11 100 231 Asian West Asian 24 4 26 5 0 14 10 1 4 12 100 318 More than 18 5 27 3 5 10 16 1 4 11 100 141 One Group Racialized 11 8 22 3 3 14 18 1 6 13 100 374 and White

Not Aboriginal, 23 17 16 3 1 11 12 1 7 9 100 4,688 Declined Racialization Question Declined 24 21 13 3 1 10 13 1 5 9 100 4,640 Aboriginal and Racialization Questions

------~--·iii¥1Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein SIZE OF LAW FIRM BY RACIALIZATION for Ontario Lawyers, 2015

Size of Law Firm, based on Partners, Associates and Employees

Aboriginal ,·:. ~ First Nations and lnuk 47 13 26 3 0 7 4 100 72 Metis 32 13 28 11 2 9 6 47

". Racialized ·'' Arab 32 19 13 6 8 14 8 100 109 Black 43 11 14 6 8 9 10 100 199 Chinese 24 16 13 8 6 13 20 100 354 East Asian 26 15 11 14 8 16 11 100 141 Latino 46 12 9 12 1 14 6 100 69 South Asian 39 17 15 6 3 10 11 100 . 564 Southeast Asian 43 19 5 11 4 7 12 100 75 West Asian 37 14 14 10 4 7 15 100 109 More than One Group 35 20 14 8 2 6 14 100 49 Racialized and White 29 16 13 12 2 13 15 100 124

15 10 6 15 13 100 1,672

32 14 20 11 6 15 13 111 1,672

Total Source: 2015 LSUC Lawyer Annual------~- Report; analysis by Michael Ornstein Statistical Snapshot of Lawyers in Ontario 255 FACT SHEET I 7

REGION BY RACIALIZATION* for Ontario Lawyers, 2015

'"·: Aboriginal First Nations and lnuk 8 10 28 9 9 15 16 5 100 311 Metis 1 38 5 9 13 24 3 100 147

... iraciaiized '',;> Arab 7 3 50 14 0 0 25 1 100 260 Black 3 3 58 20 3 1 12 1 100 959 Chinese 2 2 70 18 1 0 7 0 100 1,033 East Asian 1 3 73 14 1 0 6 1 100 409 Latino 8 6 54 16 2 2 12 1 100 183 South Asian 2 4 56 31 1 0 6 1 100 1,945 Southeast Asian 2 4 60 22 3 0 9 0 100 227 West Asian 1 2 68 18 1 0 9 1 100 310 More than One Group 2 3 68 18 1 1 6 1 100 136 Racialized and White 4 4 60 13 2 2 14 1 369

Not Aboriginal, Declined 4 5 60 15 3 2 10 2 100 4,620 Racialization Question Declined Aboriginal and 6 7 so 14 4 3 12 3 100 4,574 Racialization Questions Total Source: 2015 LSUC Lawyer Annual--~------Report; analysis by Michael Ornstein *excludes lawyers whose address is outside Ontario Statistical Snapshot of Lawyers in Ontario 256 FACT SHEET I 8

TYPE OF LICENCE BY GENDER BY AGE for Ontario Lawyers, 2015

under35 7.5 2.3 40.8 4.4 2.4 10.0 11.6 0.7 11.9 8.4 100.0 5,530 35-44 11.7 10.5 14.0 2.5 1.9 17.1 21.7 1.8 11.9 6.9 100.0 5,547 45-54 19.0 13.4 5.5 2.4 1.6 15.3 22.7 2.3 9.4 8.3 100.0 4,042 55-64 22.0 13.5 3.0 1.9 1.9 9.1 17.7 3.4 19.3 8.0 100.0 2,402 65 or more 44.7 16.1 2.7 3.0 0.9 2.4 10.0 1.5 14.6 4.0 100.0 329

under35 11.5 3.9 47.3 4.4 1.3 9.4 8.4 0.4 5.5 8.0 100.0 4,775 35-44 17.1 21.0 16.9 2.7 0.6 16.5 14.0 1.1 3.6 6.5 100.0 5,213 45-54 25.5 29.4 4.7 2.2 0.5 12.6 12.6 1.4 3.9 7.3 100.0 5,238 55-64 32.1 31.3 4.1 1.4 0.7 6.5 8.4 1.2 7.8 6.5 100.0 5,259 65 or more 51.3 28.2 5.8 1.8 0.3 2.6 3.0 0.6 3.3 3.1 100.0 3,034

Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein

SIZE OF LAW FIRM BY GENDER for Ontario Lawyers, 2015

Size of Law Firm, based on Partners, Associates and Employees

Women .. ·.. ·7.7,i,~:~'··::;£:_;·-:~3i9\f;:-:;<;ci;ti~.. s_·. ·' ,:c;I[fi,3Jg,· ·::~\~;i~lj~~-~-ij ~asi?:-~~Jog@~j m:;~:--~~5;::!?,?.1 Men 25.0 15.3 15.7 9.9 5.9 14.8 13.5 100.0 9,686 Total Source: 2015 LSUC Lawyer Annual------~- Report; analysis by Michael Ornstein

REGION BY GENDER* for Ontario Lawyers, 2014

Women ,.: ~;~.9:; {;~\·5Y~A~~i ~-~~;8·;~:}5§f~3 ~t:: \:Jfp} ;.~;JZJ\~~J~·-:~1/~:i~i[{~~ ~:3:4%X~~t ~&~~;~~[2,{~ :;;,;}z:-~.l§~,cf, f;\,~:@~i~~ Men 5.8 . 6.7 54.7 14.1 3.5 2.6 10.2 2.3 100.0 23,242 Total Source: 2015 LSUC Lawyer Annual------.m Report; analysis by Michael Ornstein *excludes lawyers whose address is outside Ontario Statistical Snapshot of Lawyers in Ontario 257 FACT SHEET I 9

TYPE OF LICENCE BY FRANCOPHONE IDENTITY AND ABILITY TO PRACTICE IN FRENCH for Ontario Lawyers, 2015

Yes 14.9 11.0 14.5 3.0 2.2 9.8 26.1 2.3 8.7 7.3 100.0 1,924 No 20.5 16.6 17.8 2.7 1.3 11.7 12.8 1.3 8.1 7.2 100.0 35,477

Yes, 16.0 11.2 13.9 2,6 2.3 10.8 26.3 1.9 8.1 6.8 100.0 3,212 Represent and Counsel Counsel, 18.6 12.6 16.5 2.4 2.6 11.3 24.1 1.4 6.7 3.7 100.0 1,736 but not Represent Neither 22.6 18.9 · . 18.2 2.9 . · L1 .11.5 _ 10.9 ..1.0 · 6.7 6.2 · . 1QO.O .. 30.,111

------•fi·;uSource: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein

SIZE OF LAW FIRM BY FRANCOPHONE IDENTITY AND ABILITY TO PRACTICE IN FRENCH for Ontario Lawyers, 2015

Size of Law Firm, based on Partners, Associates and Employees

Yes 31.5 15.8 18.2 9.3 4.7 12.4 8.0 . 100.0 ·5.49 No 25.2 14.8 15.5 10.2 6.1 14.6 13.6 100.0

Yes, Represent and Counsel 30.6 16.9 16.1 8.0 5.8 13.2 9.4 100.0 889 Counsel, but not Represent 26.8 15.4 16.7 10.3 7.2 11.2 12.5 100.0 545 Neither ....25.8 14.9 16.4 10.2 5.7 13.7 13.3 100.0 12,022· Total ______Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein Statistical Snapshot of Lawyers in Ontario 258 FACT SHEET I 10

REGION BY FRANCOPHONE IDENTITY AND ABILITY TO PRACTICE IN FRENCH* for Ontario Lawyers, 2015

Percent

Yes 2.6 1.9 27.5 5.7 1.3 7.9 47.0 6.2 100.0 1,834 No 5.5 5.9 57.6 13.9 3.4 1.9 9.7 100.0 35,020 Total

Yes, Represent and Counsel 2.5 2.5 35.5 6.0 1.2 5.3 42.2 4.7 100.0 3,035 Counsel, but not Represent 3.1 3.0 47.5 8.3 1.8 2.7 30.8 2.7 100.0 1,687 Neither 6.2 6.6 57.2 14.8 3.9 2.0 7.1 2.1 100.0 29,851 Total Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein *excludes lawyers whose address------is outside Ontario Statistical Snapshot of Lawyers in Ontario 259 FACT SHEET I II

TYPE OF LICENCE BY PRESENCE OF A DISABILITY for Ontario Lawyers, 2015

Has a 23'.6 9.4 :·~.·~_'l.3_·. ' ' ·,-:;·,8 -':. Disability +·.;' No Disability 20.1 16.8 18.0 2.7 1.2 11.8 13.1 1.2 7.7 7.4 100.0 33,660

------•&B·'Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein

SIZE OF LAW FIRM BY PRESENCE OF A DISABILITY for Ontario Lawyers, 2015

Size of Law Firm. based on Partners, Associates and Employees

Percent Has a Disability 29.2 14.4 17.0 8.7 No Disability 25.3 14.9 15.6 10.1 6.1 14.6 13.5 100.0 ....12,593 Total ______Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein

REGION BY PRESENCE OF A DISABILITY* for Ontario Lawyers, 2015

., P~ft~~( Has a. Disab)lity .· ·· s:8.. '·. 5.7:.:<.·~L::·5f

TYPE OF LICENCE BY SEXUAL ORIENTATION for Ontario Lawyers, 2015

LBGTQ 14.4 9.6 • 17.5 . 2.4 3.~: · :<:_10:'~; ):'t_:;~2.4-\:i.:·.~ /;?.~a~f:' '?.1~::~:~:-~:iqp;(~if;_~l_'!,o,~§i Not LBGTQ 20.0 16.6 18.0 2.7 1.2 11.8 13.1 1.3 8.1 7;2 100.0 32,815

------fi:ijiSource: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein

SIZE OF LAW FIRM BY SEXUAL ORIENTATION for Ontario Lawyers, 2015

Size of Law Firm, based on Partners, Associates and Employees

LBGTQ 25.8 -14.2 6.5 - Not LBGTQ 25.2 14.7 15.8 10.1 6.1 14.7 13.5 100.0 12,208 Total Source: 2015 LSUC Lawyer Annual------Report; analysis by Michael Ornstein

REGION BY SEXUAL ORIENTATION* for Ontario Lawyers, 2015

LBGTQ 2.5 3.o' :'t ,_ ~s.. ?· ;:· . :: .. 6_:9• . :< ~:i:i!~.f.+;~>; ?:i:~~;_:,~~;K~ i\j~>-~~~~¥4.\ ;;;~ ii.i::;1q?J;,g~ ~~~\:if-17(i3_~'-:. NotLBGTQ 5.5 5.8 55.7 13.8 3.3 2.2 11.6 2.2 100.0 32,331 Total Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein "excludes lawyers whose address------is outside Ontario Statistical Snapshot of Lawyers in Ontario 26 FACT SHEET I 13

AREA OF PRACTICE BY RACIALIZATION AND GENDER* for Ontario Lawyers, 2015

First Nations 29 0 0 0 0 5 0 9 18 5 0 24 Metis 8 1 8 1 13 11 1 8 17 11 0 12 Arab 8 1 8 1 13 14 1 20 14 6 0 9 Black 1 0 5 0 14 9 1 14 19 6 0 21 Chinese 1 1 8 1 9 8 1 27 6 4 1 6 East Asian 0 0 6 1 8 15 2 26 8 3 '0 5 Latino 0 0 3 1 13 13 1 14 15 7 1 16 South Asian 0 2 5 0 13 11 1 17 10 5 0 12 Southeast 0 1 7 1 13 12 1 17 8 5 1 13 Asian West Asian 1 1 6 1 8 18 0 18 8 2 0 10 More 0 0 3 1 21 15 1 21 12 5 0 10 than One Racialized Group Racialized 0 0 10 1 8 17 0 17 17 3 0 12 and White White 1 0 10 1 12 14 1 20 12 6 1 10

Not Aboriginal, 1 1 6 1 11 12 2 19 11. 6 ··1 ,",.. 11 Declined Raclallzation Question Declined 1 1 6 1 12 11 1 20 12 6 1 9 Aboriginal and Racialization Questions

Men 1 1 5 1 13 13 2 21 12 5 1 8

Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein continued> ------*excludes the category for "other" areas of practice Statistical Snapshot of Lawyers in Ontario FACT SHEET 1 14

AREA OF PRACTICE BY RACIALIZATION AND GENDER* for Ontario Lawyers, 2015 (continued)

In tell- Percentage with Percentage with Percentage with MORE THAN lmmi- ectual Real Secur- Taxa- Work- NO area ONE area ONE area gration Property Estate ities tion Wills place 30% or more 30% or more 30% or more Total Number I,, ' . . . . , First Nations 0 0 7 2 2 3 0 4.6 79.0 16.4 100.0 238 Metis 5 2 9 2 2 5 0 6.7 76.5 16.8 100.0 119 Arab 4 4 11 5 1 4 0 5.6 73.8 20.6 100.0 214 Black 8 1 11 3 1 3 1 6.2 72.2 21.7 100.1 762 Chinese 3 8 20 8 3 3 0 5.2 78.1 16.8 100.1 852 East Asian 4 6 15 9 2 3 0 5.5 73.7 20.8 100.0 327 Latino 7 2 7 5 2 4 2 4.3 75.8 19.9 100.0 161 South Asian 5 2 22 3 2 2 1 4.3 76.9 18.8 100.0 1,614 Southeast 5 4 23 4 2 5 0 3.2 80.0 16.8 100.0 190 Asian West Asian 8 3 13 6 2 1 1 3.8 77.9 18.3 100.0 262 More 6 8 10 6 1 2 2 6.3 70.5 23.2 100.0 112 than One Racialized Group Racialized 3 3 5 5 3 4 1 5.6 72.8 21.6 100.0 287 and White White 1 3 14 5 2 6 1 5.6 74.1 20.4 100.1 20,946 Not Aboriginal, 2 3 16 4 2 6 1 '5.1 75.6. 19.3 100.0 3,812 Declined Racialization Question Declined 2 4 16 4 3 7 0 6.0 73.1 20.9 100.0 3,856 Aboriginal and Raciallzation Questions ~,~~Y~~!5:1![j{:;~~JJ?lfu1Rii~i];;~J&@J tJIX91lo~lrfil3[19J Men 2 3 19 5 2 6 1 4.8 72.9 22.3 100.0 20,i13 ---Mi.!.!·'*"+U Source: 2015 LSUC Lawyer Annual Report; analysis by Michael Ornstein ------*excludes the category for "other" areas of practice

NOTE: The 2015 Snapshots include all lawyers except those whose licence is suspended, revoked, surrendered, in abeyance or those who have a status of "not in Ontario" (meaning their business address is listed outside of Ontario) or a status of "Retired" (meaning lawyers who are over 65 years of age and qualify for exemption under By-Law 5). 263

sec File No. 37209

SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO)

BETWEEN:

TRINITY WESTERN UNIVERSITY and BRAYDEN VOLKENANT

Appellants -and-

THE LAW SOCIETY OF UPPER CANADA

Respondent -and-

ATTORNEY GENERAL FOR ONTARIO

Intervener

-and-

START PROUD and OUTLAWS

Proposed Intervener

MEMORANDUM OF ARGUMENT OF THE PROPOSED INTERVENER, START PROUD AND OUTLAWS (Rules 47 and 55 of the Rules ofthe Supreme Court ofCanada)

... What's missing around this room are the voices of out gays and lesbians, who are not represented equitably in our profession.

Bencher Beth Symes, April 24, 2014, speaking at Convocation 264

PART I- OVERVIEW

A. NATURE OF THE MOTION

1. Start Proud (formerly known as Out On Bay Street) and the OUTlaws chapters from all law schools in Ontario, as well as the OUTlaws chapters at the Faculty of Law at the University of Alberta, McGill University Faculty of Law and the University of New Brunswick Faculty of Law, (collectively, the "OUTlaws") (collectively, the "OUTlaws") seek leave to intervene jointly pursuant to Rules 47 and 55 of the Rules ofthe Supreme Court of Canada.

2. Start Proud and the OUTlaws seek leave to intervene in Trinity Western University v. the Law Society of Upper Canada to assist this Honourable Court by making submissions on (i) the scope of rights to be afforded to the lesbian, gay, bisexual, transsexual, transgender, and queer ("LGBTQ") community in the Law Society of Upper Canada's ("LSUC") accreditation decision, taking into account the advancement in LGBTQ equality rights since this Honourable Court decided Trinity Western University v. British Columbia College ofTeachers; (ii) Trinity Western University's ("TWU") discriminatory Community Covenant (the "Covenant"); and (iii) the value of the LSUC's refusal to accredit TWU's proposed law school to the LGBTQ community.

3. This case is of broad public interest and this Honourable Court's decision will have a significant impact on persons who are not immediate parties to the proceedings, particularly Start Proud and the OUTlaws' members. Accordingly, it would be appropriate for this Honourable Court to exercise its discretion to grant Start Proud and the OUTlaws leave to intervene on the terms proposed below.

B. DESCRIPTION AND EXPERTISE OF THE PROPOSED INTERVENER

4. Start Proud is a non-profit organization that facilitates the professional development of LGBTQ law and business students as they transition though school to a career, and seeks to build a national professional network of LGBTQ persons. 1 Start Proud's vision is to empower members of the LGBTQ community to be Canada's leaders of tomorrow, where all institutions

1 Affidavit of Albert Lam, sworn June 14,2017, para. 6, Motion Record, Tab 2 ["Lam affidavit"]. 1 265 embrace inclusiveness and diversity within the workforce. Start Proud's objectives include: (1) providing LGBTQ students with resources to leverage their confidence, skills, and knowledge to enable them to distinguish themselves and act as leaders of their communities and professions; and (2) establishing a positive public profile for the advancement of the LGBTQ community in the Canadian workforce, including the legal profession.2

5. In furtherance of these objectives, Start Proud holds an annual Conference and Career Fair, which draws hundreds of LGBTQ law and business students from undergraduate and professional faculties from universities across the country. This Conference is the only LGBTQ student conference for professionals in Canada. 3 Start Proud also offers monthly networking socials for LGBTQ professionals and students, a speaker series, scholarships, and the annual Leaders To Be Proud Of Awards, which recognize role models and community leaders on LGBTQ issues, workplace diversity, and inclusiveness.4

6. Among Start Proud's key partnerships are the LGBTQ student groups at law schools across Canada, generally known as the OUTlaws. The OUTlaws have a long tradition of advancing the interests of LGBTQ law students, and serve four primary purposes: (1) fostering mentorship relationships with members of the LGBTQ legal community; (2) facilitating advocacy, learning, and information-sharing around legal issues that impact the LGBTQ community; (3) providing LGBTQ students with opportunities to socialize in a queer-friendly atmosphere; and (4) working towards making law schools and legal education more inclusive for LGBTQ individuals.5 The OUTlaws network across Canada includes hundreds of law students, as well as alumni who have since established themselves professionally in various career environments, including law firms, government, and corporate legal departments.6

7. Start Proud and the OUTlaws have a special interest and concern in ensuring that LGBTQ students' access to legal education and the legal profession is offered on equitable terms, based on merit and qualifications. For this reason, Start Proud and the OUTlaws have attempted to ensure at each stage of the process that the interests and unique perspective of

2 Lam Affidavit, para. 9, Motion Record, Tab 2 3 Lam Affidavit, paras. I 0, Motion Record, Tab 2 4 Lam Affidavit, para. 7, Motion Record, Tab 2 5 Lam Affidavit, para. 13 -14, Motion Record, Tab 2 6 Lam Affidavit, para. 15, Motion Record, Tab 2 2 266

LGBTQ students are heard and understood by the decision-makers charged with determining the important questions raised by TWU's accreditation application.7

8. Most recently, Start Proud and the OUTlaws appeared in the Ontario Court of Appeal as interveners in Trinity Western University v. the Law Society of Upper Canada. Start Proud and the OUTlaws provided written and oral submissions on the following issues:

i. The sea change in equality rights for LGBTQ persons since Trinity Western University v. British Columbia College ofTeachers ("TWU v. BCCT") was decided by this Honourable Court in 2001;

ii. The impact ofTWU's Community Covenant on LGBTQ law students and prospective law students;

iii. Maintaining public confidence in the legal profession's commitment to equality and non­ discrimination. 8

9. In dismissing TWU' s appeal, the Ontario Court of Appeal agreed with and adopted the submissions made by Start Proud and the OUTlaws:

[ 118] In their factum, the interveners Out On Bay Street and OUTlaws say:

15. The Covenant is not merely an expression ofTWU's beliefs. The Covenant is a document that discriminates against LGBTQ persons by forcing them to renounce their dignity and self-respect in order to obtain an education. *** 17. LGBTQ persons applying to TWU, or who come out while at TWU, will experience the stigma of not belonging and other destructive effects of regulating queer sexuality.

[119] I agree with, and adopt, these statements made by the Supreme Court of Canada, the Divisional Court, and the interveners Out on Bay Street and OUTlaws. My conclusion is a

7 Lam Affidavit, para. 25, Motion Record, Tab 2 8 Lam Affidavit, para. 18, Motion Record, Tab 2 3 267

simple one: the part ofTWU's Community Covenant in issue in this appeal is deeply discriminatory to the LGBTQ community, and it hurts.9

10. Start Proud and the OUTlaws also appeared in the Ontario Superior Court of Justice - Divisional Court as interveners in Trinity Western University v. the Law Society of Upper Canada, and provided both written and oral submissions. In granting leave to intervene, Nordheimer J found that "Out on Bay Street and OUTlaws represent a group of individuals who are directly affected by the issues raised in this judicial review application ... [t]heir perspective on the ramifications of the outcome of this matter are equally important". 10

11. In 2013, over 1000 OUTlaws members and their allies at the University of Victoria, Dalhousie University, the University of British Columbia, Osgoode Hall Law School, the University of Alberta, the University of Saskatchewan, the University of Ottawa, and the University of Western Ontario wrote letters and made submissions to the Federation of Law Societies of Canada opposing the approval of TWU's proposed law school. 11

12. Many of the OUTlaws groups also organized protests and rallies to express concern with TWU's proposed law school, one of which took place at Osgoode Hall on October 17, 2013. 12

13. When Convocation considered whether to accredit TWU's proposed law school, Start Proud and the OUTlaws made submissions to Convocation opposing accreditation. 13

14. Start Proud and the OUTlaws now seek leave to intervene in this appeal so that, unlike those who spoke at Convocation, "the voices of out gays and lesbians, who are not represented equitably in our profession", are not missing. 14

9 Lam Affidavit, para. 19, Motion Record, Tab 2; Trinity Western University v. Law Society of Upper Canada, 2016 ONCA 518 at paras. 118-119. 10 Lam Affidavit, para. 20, Motion Record, Tab 2; Trinity Western University v. Law Society of Upper Canada, 2015 ONSC 5541 at paras. 53-54. 11 Lam Affidavit, para. 22, Motion Record, Tab 2 12 Lam Affidavit, para. 23, Motion Record, Tab 2 13 Lam Affidavit, para. 24, Motion Record, Tab 2 4 268

C. PROPOSED SUBMISSIONS OF START PROUD AND THE OUTLAWS

15. If Start Proud and the OUTlaws are granted leave to intervene, they intend to make the following submissions on this appeal. These submissions will be further developed if Start Proud and the OUTlaws are granted leave to intervene:

i. LGBTQ equality rights were directly engaged by the LSUC's accreditation decision, and the LSUC was required to balance any rights owed to TWU against those owed to LGBTQ persons. The Divisional Court and Ontario Court of Appeal held that the LSUC was not bound by this Honourable Court's conclusion in Trinity Western University v. British Columbia College of Teachers ("TWU 2001") given the "different facts, a different statutory regime, and a fundamentally different question" (ONCA, para. 57). However, both courts also found that this Honourable Court's views on balancing freedom of religion and LGBTQ equality rights were directly relevant to the issues at hand (ONCA, para. 59). In TWU 2001 this Honourable Court held that scope of any right that might be engaged by a decision must be clearly defined, as a proper delineation of the rights involved could avoid a conflict between them. Delineating the scope of the rights engaged in the current case must take into account the advancements in lesbian, gay, bisexual, transsexual/transgender and queer ("LGBTQ") equality rights since this Honourable Court released its decision in 2001. The LSUC reasonably took into account the sea change in equality rights for LGBTQ persons since 2001, when it delineated the scope ofthe rights in issue, and balanced the rights ofLGBTQ persons against those ofTWU;

ii. TWU's Community Covenant (the "Covenant") is not just an expression of TWU's beliefs. The Covenant forces LGBTQ staff, students and faculty to bury a vital aspect of identity, given its prohibition on "sexual intimacy that violates the sacredness of marriage between a man and a woman". The Covenant is a binding contract governing conduct both on and off campus that all TWU members must sign - admission will be denied to those who cannot, or will not, sign the Covenant. It provides formal disciplinary procedures, and states that breaches of the Covenant may be punished by suspension and expulsion. TWU members must "hold each another [sic] accountable to the commitments each has made to

14 Lam Affidavit, para. 25, Motion Record, Tab 2 5 '0 2b i

the University", meaning that there is a positive obligation on staff, students and faculty to act as both guardians and enforcers of the Covenant and report any infraction. "Sexual misconduct" is one of the most serious violations of the Covenant, on par with property damage, vandalism, aggressive behaviour and theft. The LSUC reasonably took into account the impact of this conduct-based discrimination against LGBTQ persons when it refused to accredit TWU's proposed law school; and

iii. The LSUC's decision to refuse to accredit TWU's proposed law school has significant value to the LGBTQ community, as it was a legitimate regulatory response to a more general problem of discrimination experienced by the LGBTQ community in the legal profession, previously recognized in earlier policy positions on equity and inclusion. The benefits of the decision must be measured against the reality that the LSUC's decision neither prevents TWU from opening a law school nor precludes graduates of the law school from applying to the LSUC for individual accreditation. 15

PART II- QUESTIONS IN ISSUE

16. The question on this motion is whether Start Proud and the OUTlaws should be granted leave to intervene in this appeal, and if so, on what terms.

PART III -ARGUMENT

A. THE TEST FOR LEAVE TO INTERVENE

17. It is well-recognized that the test for leave to intervene in an appeal before this Honourable Court is (1) whether the proposed intervener has a real and substantial interest in the subject of the appeal; and (2) whether the proposed intervener can provide submissions that are useful and different from those of the parties. 16

18. Public interest organizations such as Start Proud and the OUTlaws will regularly meet this test. As Cory J noted in Canadian Council ofChurches:

15 Lam Affidavit, para. 26, Motion Record, Tab 2 16 SCC Rules, supra at r. 57(2); Reference re Workers' Compensation Act, 1983 (Njld), [1989] 2 SCR 335 at 339. 6 270

Public interest organizations are, as they should be, frequently granted intervener status. The views and submissions of interveners on issues of public importance frequently provide great assistance to the courts. 17

19. Start Proud and the OUTlaws do not take this for granted, but have endeavoured at all stages of these proceedings to ensure that their contributions are genuinely of assistance to the Court. Start Proud and the OUTlaws respectfully submit that they satisfy the requirements to be granted leave to intervene in this appeal.

B. START PROUD AND THE OUTLAWS HAVE A REAL INTEREST IN THE SUBJECT OF THIS APPEAL

20. Start Proud and the OUTlaws have an interest in this appeal on behalf of the members of the LGBTQ community that they represent, namely, LGBTQ law students and lawyers.

21. TWU has a Community Covenant Agreement that all TWU students, faculty, and staff must sign annually. It includes a clause that requires TWU members to promise to abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman". 18 Signing the Community Covenant constitutes a "solemn pledge" that creates a "contractual agreement and a relational bond" between the student and the university. The expectations set out in the Covenant "apply to both on and offTWU's campus and extension sites". 19

22. In order to ensure the "integrity of the TWU community", the Covenant provides that all members of the TWU community are responsible "to hold one another accountable to the mutual commitments outlined in this covenant," meaning that staff, students and faculty should bring formal complaints when breaches of the Covenant are suspected. TWU "provides formal accountability procedures to address actions by community members that represent a disregard

17 Canadian Council of Churches v. Canada (MCI), [1992] 1 SCR 236 at 256. 18 Community Covenant, pp. 2-3, Motion Record, Tab 2H, 19 Community Covenant, pp. 1, 5, Motion Record, Tab 2H 7 271 for this covenant".20 Breaching the Covenant by engagmg m "sexual misconduct" (which includes same sex relationships) can result in discipline, including suspension and expulsion.21

23. Law schools are the primary gatekeeper to the legal profession. No one can become a lawyer without first completing law school. Given that LGBTQ persons still experience barriers to equality in the legal profession in Ontario,22 it is critical to ensure that LGBTQ persons have equal acess to law schools and the legal profession in order to remove these barriers. TWU's Community Covenant erects a significant barrier to legal education for LGBTQ law students and prospective law students by effectively making them ineligible for scarce law school positions?3

24. As detailed above, Start Proud and the OUTlaws are actively involved in promoting the interests of LGBTQ students across Canada, including ensuring that these students have equal opportunities to advance professionally in their chosen vocations and careers. Start Proud and the OUTlaws believe that requiring students, on pain of sanction, to abstain from "sexual intimacy that violates the sacredness of marriage between a man and a woman" is inherently discriminatory to LGBTQ students at or applying to TWU, and is particularly exclusionary toward both married and unmarried same-sex couples and trans-identified people.24 It is the position of Start Proud and the OUTlaws that the LSUC would have condoned TWU's discriminatory conduct and acted contrary to the public interest if it had accredited TWU' s proposed law school. 25

C. THE PROPOSED SUBMISSIONS OF START PROUD AND THE OUTLAWS ARE USEFUL IN RESOLVING THE ISSUES PRESENTED IN THE APPEAL AND DO NOT DUPLICATE THE SUBMISSIONS OF OTHER PARTIES

25. Start Proud and the OUTlaws' position and perspective differ from the positions advanced by the Appellant and the Respondent.

2°Community Covenant, p. 5, Motion Record, Tab 2H, 21 Student Handbook, pp. 4-5, Motion Record, Tab 21, 22 Law Society of Upper Canada, "Sexual Orientation and Gender Identity: Creating an Inclusive Work Environment", p. 8, Motion Record, Tab 2M 23 Lam Affidavit, para. 3 I, Motion Record, Tab 2 24 Lam Affidavit, para. 30, Motion Record, Tab 2 25 Lam Affidavit, para. 3 1, Motion Record, Tab 2 8 272

26. The Appellant argues that there is no conflict of rights in this case, that the Covenant breaches no one's rights, and that the LSUC would not violate the Charter or the Ontario Human Rights Code if it accredited TWU. Start Proud and the OUTlaws are uniquely placed to provide the perspective of LGBTQ-identified law students and prospective law students, who are directly affected by the outcome of this appeal. Viewing the advancements in equality rights, the discriminatory impact of the Covenant and value of the LSUC's decision through this lens will assist this Honourable Court determine the legal issues raised in this case.26

27. If Start Proud and the OUTlaws are granted leave to intervene, they will work with counsel for the Respondent and counsel for the other interveners (if any) to ensure that its submissions are not duplicative. Counsel for Start Proud and the OUTlaws have already had discussions with counsel for the proposed interveners The Advocates' Society, Criminal Lawyers' Association, Canadian Civil Liberties Association, Canadian Secular Alliance and Lawyers' Rights Watch, who all intervened in the courts below, in order to avoid duplicative submissions in their leave applications. Counsel for Start Proud and the OUTlaws have also had discussions with counsel for the proposed coalition of LGBTQ interveners in the British Columbia proceedings, Qmmunity and the OUTlaws representatives from British Columbia law schools?7

28. Start Proud and the OUTlaws do not seek to file any evidence. Start Proud and the OUTlaws will offer their assistance to the Court with respect to the legal principles at issue and will take no position on the facts, except to the extent that reference to the facts is necessary to properly contextualize the legal issues. Start Proud and the OUTlaws would take no position on the disposition of the appeal. 28

26 Lam Affidavit, paras. 28, Motion Record, Tab 2 27 Lam Affidavit, para. 32, Motion Record, Tab 2 28 Lam Affidavit, para. 33, Motion Record, Tab 2 9 273

PART IV -SUBMISSIONS RESPECTING COSTS

29. Start Proud and the OUTlaws are non-profit organizations, represented on this appeal by counsel acting pro bono. Start Proud and the OUTlaws do not seek their costs, and ask that no cost be awarded against them.29

PART V- ORDER REQUESTED

30. Start Proud and the OUTlaws request an Order granting them:

a) Leave to intervene in the herein appeal;

b) Leave to file a factum not exceeding 10 pages in length;

c) Leave to make oral argument of 10 minutes at the hearing of the appeal; and

d) Such further and other order as the judge considering this application may deem appropriate.

ALL OF WHICH IS RESPECTFULLY SUBMITTED

Dated at the City of Ottawa, this 16th day of June, 2017.

Agent for the Proposed Intervener, Start Proud and Outlaws

29 Lam Affidavit, para. 33, Motion Record, Tab 2 10 PART VI: TABLE OF AUTHORITIES

Cases Paragraphs

Canadian Council of Churches v. Canada (MCJ), [1992] 1 SCR 236 18

Reference re Workers' Compensation Act, 1983 (Njld), [1989] 2 SCR 335 17

Trinity Western University v. Law Society of Upper Canada, 2016 ONCA 518 9

Trinity Western University v. Law Society of Upper Canada, 2015 ONSC 5541 10 275

PART VII- LEGISLATION

Rules of the Supreme Court of Canada Regles de /a Cour Supreme du Canada

55. Any person interested in an application for 55. Toute personne ayant un interet dans une leave to appeal, and appeal or a reference may demande d'autorisation d'appel, un appel ou make a motion for intervention to a judge un renvoi peut, par requete a unjuge, demander l'autorisation d'intervenir.

57. (1) The Affidavit in support of a motion for 57. (1) L'affidavit a l'appui de Ia requete en intervention shall identify the person interested intervention doit preciser l'identite de Ia in the proceeding and describe that person's personne ayant un interet dans Ia procedure et interest in the proceeding and describe that cet interet, y compris tout prejudice que person's interest in the proceeding, including subirait cette personne en cas de refus de any prejudice that the person interested in the l'autorisation d'intervenir. proceeding would suffer if the intervention were denied.

(2) A motion for intervention shall: (2) La requete expose ce qui suit :

(a) identify the position the person interested in (a) Ia position que cette personne compte the proceeding intends to take with respect to prendre relativement aux questions visees par the questions on which they proposed to son intervention; intervene; and (b) ses arguments relativement aux questions visees par son intervention, leur pertinence par (b) set out the submissions to be advanced by rapport ala procedure et les raisons qu'elle a the person interested in the proceeding with de croire qu'ils seront utiles ala Cour et respect of the questions on which they propose differents de ceux des autres parties. to intervene, their relevance to the proceeding and the reasons for believing that the submissions will be useful to the Court and different from those ofthe other parties.