METRO VANCOUVER — B.C. Supreme Court Chief Justice Christopher Hinkson has hammered Law Society of B.C. governors for not treating Trinity Western University fairly.

In the stinging 43-page rebuke, the chief justice said the legal regulator's board of directors, known as benchers, abrogated their responsibilities after calling a referendum on TWU's proposed law school.

The benchers didn't do their duty, infringed the school's freedom of religion and "allowed the members to dictate," he said.

He added the benchers denied TWU the opportunity to fully and fairly present its case during their deliberations.

"Even if I am wrong, and the benchers had the authority to delegate the decision to the members, I find that the decision was made without proper consideration and balancing of the charter rights at issue, and therefore cannot stand," Hinkson said.

However, he declined to make any of the requested broader declarations and instead only reinstated the society's original approval of the school.

"This decision is important to the public and the legal profession," Law Society president Ken Walker said. "We will be reviewing the reasons for judgment carefully and consulting with our legal counsel regarding next steps."

TWU spokesman Guy Saffold celebrated Thursday's ruling.

"At least if it is in your favour you are happy for the day, but we know there is more process to come," he said. "It's a good day, but there's always tomorrow."

Established in 1962, the private Langley-based Evangelical institution hoped to open a law school next year.

But the largest Christian university in Canada, with about 4,000 students, requires staff and students sign a "Community Covenant" in which they pledge to maintain Biblical ideals and eschew sex outside of traditional heterosexual marriage.

The school received preliminary approval for the proposed law school from the Canadian Federation of Law Societies and the B.C. Government in December 2013.

And the LSBC initially approved it in April 2014, though that decision triggered a rebellion among B.C. lawyers.

As a result, on Sept. 26, 2014, the benchers voted to hold a referendum.

In that October 2014 poll, 5,951 (74 per cent of those who voted) of the roughly 13,000 total LSBC members voted to deny TWU accreditation and 2,088 (26 per cent) voted against it.

Afterwards, the benchers did an about-face, withdrawing their approval.

"I conclude that the benchers permitted a non-binding vote of the LSBC membership to supplant their judgment," Hinkson said.

"In so doing, the benchers disabled their discretion under the (Legal Profession Act) by binding themselves to a fixed blanket policy set by LSBC members. The benchers thereby wrongfully fettered their discretion."

Hinkson said the benchers had properly considered the issue in April 2014 by weighing the complex issues and balancing the constitutional rights.

"There is no basis upon which a conclusion could be drawn or any evidence from the Special General Meeting or the October Referendum proceedings that the LSBC's membership considered, let alone balanced, the petitioners' Charter rights against the competing rights of the LGBTQ community," he said.

In other provinces, there was similar controversy over the school.