Motions for September 26 Bencher meeting

At their July 11 meeting, the Benchers received two notices of motion regarding the proposed faculty of law at Trinity Western University; a third motion was received on August 28. These motions will be discussed at the September 26, 2014 Bencher meeting:

Motion 1:

BE IT RESOLVED that the Benchers implement the resolution of the members passed at the June 10, 2014 special general meeting, and declare that the proposed law school at Trinity Western University is not an approved faculty of law for the purposes of the Law Society’s admissions program.

Motion 2:

BE IT RESOLVED THAT:

1. A referendum (the "Referendum") be conducted of all members of the Law Society of British Columbia (the "Law Society") to vote on the following resolution:

"Resolved that the Benchers implement the resolution of the members passed at the special general meeting of the Law Society held on June 10, 2014, and declare that the proposed law school at Trinity Western University is not an approved faculty of law for the purpose of the Law Society's admissions program."

Yes __________ No __________ (the "Resolution")

2. The Resolution will be binding and will be implemented by the Benchers if at least:

(a) 1/3 of all members in good standing of the Law Society vote in the Referendum; and
(b) 2/3 of those voting vote in favour of the Resolution.

3. The Benchers hereby determine that implementation of the Resolution does not constitute a breach of their statutory duties, regardless of the results of the Referendum.

4. The Referendum be conducted as soon as possible and that the results of the Referendum be provided to the members by no later than October 30, 2014.

If adopted by the Benchers, motion 2 would result in a referendum of members of the Law Society. If the thresholds set out in part two of motion 2 are achieved, then the referendum will be binding on and will be implemented by the Benchers.

It is expected the motions will be debated at the September 26 Benchers meeting. If the Benchers pass motion 2, the referendum ballots would be returnable on or before October 29.

If a referendum is held, in order to vote members must be in good standing when the Law Society finalizes the voting list on September 24. See the definition of "member in good standing" here. If you are a member and have any questions in this regard, please contact Member Services.

Motion 3:

WHEREAS: 

1. The Benchers have before them for consideration at the September 26 meeting two motions in relation to the proposed law school at Trinity Western University;

2. There is currently litigation in British Columbia, Ontario and Nova Scotia that relates directly to approval of the proposed law school and the proceedings are expected to be heard before the end of this year; and

3. The Benchers have the discretion under Rule 2-27(4.1) to make a decision at any time on whether to adopt a resolution declaring that the proposed law school is not an approved faculty of law;

THEREFORE BE IT RESOLVED that consideration of the motions before the Benchers for decision at the September 26 meeting be postponed until the next regular meeting of the Benchers at least 14 days after the Benchers and the members of the bar have had an opportunity to consider the reasons of a trial decision in one of the legal actions now before the courts.