Whereas the Synod of the Diocese of Newfoundland has, by resolution adopted at its biennial session in June 1947, accepted the Declaration of Principles and the Constitution of this General Synod;
And whereas the Synod of the Diocese of Newfoundland has made application for admission in this Synod as a member thereof;
This General Synod of the Church of England in Canada, pursuant to the provisions of Subsection (3) of Section (4) of the said Declaration of Principles, hereby admits the said Diocese as a member of this Synod, to be represented in the Upper House by its Bishop and in the Lower House by clerical and lay members elected by the Synod of the Diocese of Newfoundland as provided by the said Declaration of Principles and Constitution, with all the rights and privileges and subject to all the obligations defined by the said Declaration and Constitution, the civil legislation affecting this Synod and all canons enacted and resolutions passed now in force pursuant to the said Declaration and Constitution.
That subsection (1) of Section 4 (The Lower House) (Handbook, p.15) be amended by striking out the words, "provided that the Bishops of The Dioceses of Yukon and The Arctic may appoint non-resident Members" in said subsection, so that it will then read as follows:
"(1) The members of the Lower House shall be elected by the several Diocesan Synods according to such rules as they may adopt, or, in a Diocese which has no Synodical organization, may be appointed by the Bishop, such members to be in all cases resident in the Diocese which they represent; provided that the Chancellor of a Diocese wherever he may be resident shall be eligible for election or appointment as a member for a Diocese of which he is Chancellor." CARRIED unanimously Message L-25.
To amend Section 12, Diocesan Representation, by striking out the words, "provided that the Bishops of the Dioceses of Yukon and The Arctic may appoint non-resident members" in Subsection 2 so that said Subsection will then read:
"(2) The members shall be in all cases resident in the Dioceses from which they are elected or appointed, provided that the Chancellor of a Diocese shall be eligible for election or appointment as a member for the Diocese of which he is Chancellor, wherever he may be resident." CARRIED Message L-26.
That this Synod repeal the concluding words of Section 16(2) (Secretaries) (Handbook, p.35) reading as follows, "and at all meetings of the Executive Council until the next session of the Synod," so that the revised Subsection (2) will read as follows:
"(2) The Clerical and Lay Secretaries of the Lower House shall be appointed by the Prolocutor on the nomination of the General Secretary of the Synod and shall act as Recording Secretaries at all meetings of the Lower House and all Joint Sittings under Section 23." CARRIED Message L-27.
To repeal Clauses (2) and (3) of Subsection 2 of Section 16A and to substitute the following:
"(2) He shall make the necessary arrangements for meetings of the Synod and Executive Council and act as Secretary of both bodies (Note: present Clauses (4) and (5) to be renumbered (3) and (4) respectively)." CARRIED Message L-28.
That the following Memorial from the Diocese of Toronto be received:
"Resolved that the Synod of the Diocese of Toronto petition the General Synod of the Anglican Church of Canada to amend Canon XXVII (Marriage and Divorce) by substituting the following Canon compiled by the Sub-Committee on Marriage and Divorce of the Toronto Diocesan Council for Social Service."
MARRIAGE AND DIVORCE - PART 1
Every clergyman within the jurisdiction of The Anglican Church of Canada shall conform to the laws of the Province (in which the marriage is to take place) governing the civil aspect of marriage and also to the laws of the Church governing the sacramental aspect of marriage as intended in the Book of Common Prayer of the Anglican Church of Canada.
No clergyman within the jurisdiction of the Anglican Church of Canada shall solemnize any marriage unless the following conditions are complied with:
(a) He shall have ascertained the civil right of the parties to contract a marriage according to the laws of the Province in which the marriage is to be solemnized.
(b) He shall make all reasonable efforts to ascertain the right of the parties to contract a marriage according to the laws of the Anglican Church of Canada, and in keeping with the intention of the Prayer Book service and not in violation of the following impediments:
(i) Consanguinity within the degrees set forth in the Table of Kindred and Affinity in the Book of Common Prayer of the Anglican Church of Canada.
(ii) Mistake as to the identity of either party.
(iii) Insanity of either party at the time of marriage.
(iv) Mental deficiency of either party; such deficiency not appreciated by the other partner at the time of marriage;
(v) Failure of either party to have reached the age of puberty.
(vi) Sexual perversion, or the existence of a venereal disease in either party undisclosed to the other at the time of marriage.
(viii) Facts that would make the proposed marriage bigamous.
(ix) Concurrent contract inconsistent with the contract constituting sacramental marriage.
(x) Attendant conditions such as fraud, coercion or duress, or such defects of personality as to make a competent or free consent impossible.
(c) He shall have ascertained that at least one of the parties has received Holy Baptism.
(d) He shall have instructed the parties as to the nature and intent of Holy Matrimony as set forth in the service in the Book of Common Prayer of the Anglican Church of Canada.
The provisions of Part II of this Canon shall apply only to members of the Anglican Church of Canada.
(a) A member of this Church whose marriage has been annulled or dissolved by a final decree of civil court of competent jurisdiction may apply to the Bishop of the Diocese in which such person is canonically resident for a judgement as to the sacramental character of the marriage dissolved or annulled by the said civil court.
(b) If such Bishop is satisfied as to the good faith of the applicant, he may refer the application to an ecclesiastical court, if such has been established by Diocesan action. At such hearing, if any of the facts set forth in Part I, Sec. 2 (b) or (c) of this Canon are shown to have existed at the time such marriage was solemnized, the Court may with the approval of the Bishop give judgement declaring that such marriage had no sacramental validity.
(c) Every such judgement shall be in writing and shall be made a matter of permanent record in the Archives of the Diocese.
(d) Any person in whose favour such judgement has been granted under the provisions of this section of the Canon may be married by a clergyman of this Church, provided, that, if the marriage is proposed to be solemnized in another jurisdiction than the one in which such judgement has been granted, the said judgement shall have been previously submitted to and approved by the Bishop of such Diocese and provided that there is compliance with Part I hereof. (Adopted 1963) CARRIED in both Houses.
That Part III of the present Canon XXVII be amended to read:
PART III - REMARRIAGE OF DIVORCED PERSONS
10. Except as hereinafter provided, no clergyman within the jurisdiction of The Anglican Church of Canada shall solemnize a marriage between persons either of whom shall have been divorced from one still alive.
11. Any person or the intended spouse of any person, whose marriage has been dissolved by a civil court of competent jurisdiction, may apply to the Bishop of the diocese in which said applicant may reside for permission to remarry in the Church.
12. Such applications shall set forth:
(1) the particulars respecting all marriages previously contracted by the applicant or by the intended spouse and the reasons for dissolution thereof, whether by death, or decree of divorce or annulment.
(2) a certified copy of every decree of any civil court or courts annulling or dissolving any marriage of either party.
(3) if required by the Bishop a certified copy of the evidence heard by court in respect of such decree.
(4) a declaration that neither the applicant nor the intended spouse was found guilty of adultery by any court.
13. The Bishop shall enquire into any marriage contract or contracts entered into by either of the parties and the proceedings in any civil court having jurisdiction in divorce and matrimonial causes or in any appeal therefrom.
14. If the Bishop finds that the decree of the civil court was one for the dissolution of said marriage on the ground of adultery and that such court did not find the applicant or intended spouse guilty of adultery, the Bishop may issue a certificate granting permission for the applicant and intended spouse to be married by any clergyman of his diocese.
15. The clergyman solemnizing any marriage for which a permit has been issued under sections 14 of this Canon shall endorse on the back of the permit full particulars of any marriage solemnized by him between the applicant and any other person and sign and return the same to the Bishop within three months of the solemnization of such re-marriage.
16. Notwithstanding the foregoing provisions of this Canon, any clergyman of this Church may refuse to solemnize a marriage between any person and one whose spouse is still living or one who has not obtained the certificate or permit referred to in section 14 of this Canon.
17. Nothing herein contained shall be construed as to recognize any decree of annulment or for dissolution of marriage granted by any ecclesiastical court on any ground whatsoever.
18. If the parties to a former marriage which has been dissolved by a civil court or competent jurisdiction for any cause whatever desire to be remarried as husband and wife by a clergyman of this Church, no enquiry under this Canon nor certificate nor permit under section 14 hereof shall be prerequisite to the solemnization of such re-marriage.
19. No clergyman shall refuse either of the Sacraments or other privileges of the Church to the innocent party in a divorce granted for adultery and who under civil sanction has been remarried. CARRIED in both Houses.
That the present Canon XXVII be repealed; that the report of the Commission be received; and that the Canon annexed thereto as Schedule A be enacted in lieu of the present Canon. CARRIED in both Houses.