Unpacking the Legal Phrase “Fettering Discretion”

The phrase “fettering discretion” found its way into two important decisions released today. In Trinity Western University v. The Law Society of British Columbia 2015 BCSC 2326 (“TWU-LSBC“), The Hon. Chief Justice Hinkson found that the Law Society of British Columbia Benchers incorrectly fettered their discretion by binding themselves to a ‘fixed blanket policy set by LSBC […]