Protecting the Public Interest: Law Society Decision-Making after Trinity Western University

(2019) 97(1) Canadian Bar Review 70

Ottawa Faculty of Law Working Paper No. 2019-15

30 Pages Posted: 13 Jun 2019 Last revised: 25 Jul 2019

See all articles by Alice Woolley

Alice Woolley

affiliation not provided to SSRN

Amy Salyzyn

University of Ottawa - Faculty of Law; University of Ottawa - Common Law Section

Date Written: May 31, 2019

Abstract

Can current law society policy-making structures effectively assess and advance the public interest? This article considers whether law societies can fulfill their mandate to regulate in the public interest when benchers make policy decisions in hard cases, using the Canadian law societies’ response to Trinity Western University’s (“TWU”) attempt to open a law school as a case study. In our view, the TWU case highlights the structural obstacles that can impede the law societies’ accomplishment of their public interest mandate. We conclude that current law society decision-making structures create significant challenges and suggest several changes that could enhance the public interest decision-making of the law societies.

Suggested Citation

Woolley, Alice and Salyzyn, Amy, Protecting the Public Interest: Law Society Decision-Making after Trinity Western University (May 31, 2019). (2019) 97(1) Canadian Bar Review 70 ; Ottawa Faculty of Law Working Paper No. 2019-15. Available at SSRN: https://ssrn.com/abstract=3397172

Alice Woolley

affiliation not provided to SSRN

Amy Salyzyn (Contact Author)

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur St
Ottawa, Ontario K1N6N5
Canada

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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