That this National Executive Council request the Primate to establish a task force as soon as possible to determine ways of opening our national church structure to be receptive to any decision made by Anglican Native people in Canada meeting in Convocation. In particular this task force will make recommendations to the National Executive Council concerning the possibility of a separate jurisdiction for Native people within the Anglican Church of Canada and the possibility of establishing an episcopate for a Native person in any such jurisdiction.
That the second portion of the motion be deleted. CARRIED
Amendment - That the second portion of the motion be deleted. CARRIED
The motion now reads: That this National Executive Council request the Primate to establish a task force as soon as possible to determine ways of opening our national church structure to be receptive to any decision made by Anglican Native people in Canada meeting in Convocation.
That Canon XVII - Episcopal Jurisdiction Respecting the Clergy - be repealed and replaced with the following:
CANON XVII - THE STRUCTURE OF EPISCOPAL JURISDICTION RESPECTING THE CLERGY AND LICENSING BY BISHOPS
1. In this Canon the term "licence shall mean:
a) a written grant of authority from the bishop of a diocese to a priest or deacon of the diocese permitting the priest or deacon to exercise ordained ministry in the diocese, and
b) a written grant of authority from the Bishop Ordinary to a priest or deacon who is a chaplain holding a commission requiring full-time service in the Canadian Forces permitting the priest or deacon to exercise ordained ministry as a chaplain in the Canadian Forces.
2. Subject to the provisions of this Canon, every priest and deacon of The Anglican Church of Canada shall be subject to the jurisdiction of a diocesan bishop.
3. Each co-adjutor, suffragan, assistant or retired bishop shall be subject to the jurisdiction of the bishop of the diocese in which that bishop resides.
4. Members of the clergy employed at the national office shall be subject to the episcopal jurisdiction of the Primate without prejudice to their synodical status in the diocese from which they are on leave.
5. Bishops, priests or deacons serving outside Canada, under the auspices of The Anglican Church of Canada, shall be subject to the episcopal authority of the diocese in which they serve.
6. A chaplain holding a commission requiring full-time service in the Canadian Forces shall be subject to the episcopal jurisdiction of the Bishop Ordinary to the Canadian Forces.
7. Each diocesan bishop shall keep a register of the bishops, priests and deacons ordained within or for the diocese and those received from other jurisdictions. Such register shall include the following information for each individual:
a) dates and places of ordination as a deacon, priest or bishop and in each case the name of the ordaining bishop or bishops;
b) a record of ecclesiastical appointments;
c) the date of entering the diocese;
d) a notation of any change of canonical status; and
e) a report of any transfer to another ecclesiastical jurisdiction.
8. Names of bishops, priests and deacons who have relinquished or abandoned the exercise of their ministry shall be recorded on a list maintained by the Primate of the Anglican Church of Canada.
9. Subject to section 14, no bishop, priest or deacon shall exercise an ordained ministry without a license from the diocesan bishop issued in accordance with the Canons or other regulations of the province and diocese.
10. A licence may be subject to conditions as to:
a) the parish or other territory in which the ministry may be carried out;
b) its term;
c) the time after which the ministry performed pursuant to it shall be assessed or reviewed;
d) the persons under whose supervision the ministry performed pursuant to it is to be carried out; and
e) any other matter which the bishop may deem appropriate or which the diocesan or provincial canons may require.
11. A licence shall remain in effect during the time that a priest or deacon is on leave from the diocese unless expressly revoked or unless its term expires during the term of the leave.
Licensing by Bishop Ordinary
12. The Bishop Ordinary, on receipt of Letters Testimonial with respect to a bishop, priest or deacon who is a chaplain in the Canadian Forces may issue a license to that bishop, priest or deacon upon the bishop, priest or deacon taking such oaths and subscriptions as the Bishop Ordinary may require, and in accordance with any other procedures the Bishop Ordinary may require.
13. A license issued to a bishop, priest or deacon by the Bishop Ordinary shall permit the bishop, priest, or deacon to exercise ordained ministry to members of the Canadian Forces and their families.
14. A diocesan bishop may give an informal permission to a bishop, priest or deacon not licenced by the diocesan bishop to exercise an ordained ministry within the diocese.
Inhibition of the Unlicenced
15. When a diocesan bishop has reasonable grounds to believe that a bishop, priest or deacon who does not hold a licence or informal permission from the diocesan bishop is officiating or is about to officiate in the diocese contrary to section 9, the diocesan bishop may, by notice in writing such bishop, priest or deacon, inhibit such person from officiating in the diocese.
16. A bishop who issues a notice pursuant to section 15, shall advise all other members of the clergy in the diocese and instruct them not to allow the inhibited bishop, priest or deacon to officiate.
Revocation of Licence
17. A licence may be revoked by the bishop having jurisdiction, for cause, after due inquiry.
Leave of Absence
18. Bishops, priests, and deacons who are engaged in specialized ministries outside the diocese where they are registered, shall be considered to be on leave of absence from that diocese, and subject to the general supervision of the bishop of the diocese in which the specialized ministry is exercised.
Transfers of Episcopal Jurisdiction
19. When a priest or deacon in good standing requests a transfer to another diocese:
a) the bishop of the diocese which the priest or deacon wishes to leave shall forward Letters Bene Decessit to the bishop of the new diocese; and
b) the priest or deacon shall be subject to the episcopal jurisdiction of the aforementioned bishop until the Letters Bene Decessit are accepted and acknowledged by the bishop of the diocese to which the priest or deacon requests to be transferred.
20. When a bishop, priest or deacon undertakes service outside of Canada under the auspices of The Anglican Church of Canada, the Primate and the appropriate diocesan bishop shall give to any such bishop, priest, or deacon letters of commendation or Letters Bene Decessit, as appropriate.
CANON XVII - SCHEDULE A - Letters Testimonial With Respect to A Chaplain in the Canadian Forces
TO: ..., The Bishop Ordinary
I hereby certify that the Reverend..., having with my consent accepted a commission as a chaplain in the Canadian Forces, is a priest in good standing on leave from the Diocese of.. .
I hereby transfer the Reverend. ... to your episcopal jurisdiction.
Signed... Bishop of ...
CANON XVII - SCHEDULE B - Letters Bene Decessit
I hereby certify that ..., who has signified to me a desire to be transferred to the episcopal jurisdiction of the Bishop of the Diocese of ..., is a bishop/priest/deacon in good standing of the Diocese of... .
Witness my Hand and Seal this... day of.. 19.. .
Signed... Bishop of...
CANON XVII - SCHEDULE C - Form of Acceptance of Episcopal Jurisdiction
The Letters Bene Decessit from the Bishop of ... with respect to the transfer to this diocese of.. have been presented to me, and have been accepted.
That this General Synod begin the resolution regarding Canon XVIII - Discipline with the words:
"Subject to the understanding that the Organization Committee in consultation with the House of Bishops and the Doctrine and Worship Committee will prepare an additional section clearly acknowledging the disciplinary authority of the Bishop (this section to be inserted before the section on Diocesan Courts), and also a section describing the disciplinary authority of Metropolitans (to precede the section on Provincial Courts of Appeal):
and that these new sections will attempt to ensure that this Canon does not make a fundamental change in the theology of episcopacy, and that the ministry of a bishop as described in the ordinals of the Anglican Church of Canada remains intact and is not contradicted by the Canon:
and that these new sections be discussed by the General Synod before Second Reading is given to this Canon." CARRIED Act 124
That First Reading be given to the Resolution that Canon XVIII - Discipline - be repealed and replaced by the following; subject to the understanding that the Organization Committee in consultation with the House of Bishops and the Doctrine and Worship Committee will prepare an additional section clearly acknowledging that disciplinary authority of the Bishop (this section to be inserted before the section on Diocesan Courts), and also a section describing the disciplinary authority of Metropolitans (to precede the section on Provincial Courts of Appeal);
and that these new sections will attempt to ensure that this Canon does not make a fundamental change in the theology of episcopacy and that the ministry of a bishop as described in the ordinals of the Anglican Church of Canada remains intact and is not contradicted by the Canon;
and that these new sections be discussed by the General Synod before Second Reading is given to this Canon;
CANON XVIII - DISCIPLINE - Part I - JURISDICTION
1. The diocesan court of a diocese shall have jurisdiction with respect to the discipline of:
a) priests and deacons who carry out their ministry in the diocese and who are registered on the register of the diocese, for any ecclesiastical offence, wherever committed;
b) subject to section 15, priests and deacons of the Anglican Church of Canada not registered on the register of the diocese, in respect of any ecclesiastical offence committed in the diocese; and
c) lay persons who have been appointed, elected or commissioned to an office, appointment, or responsibility in a parish of the diocese or the diocesan synod, for any ecclesiastical offence which they may commit in the diocese;
d) lay persons who have been appointed, elected or commissioned to an office, appointment or responsibility in a provincial synod, or the General Synod, for any ecclesiastical offence which they may commit in the diocese;
e) priest, deacons and lay persons of any other diocese when a direction is made pursuant to section 16 of this Canon.
Provincial Courts of Appeal
2. The provincial court of appeal of a province shall have jurisdiction with respect to the discipline of:
a) the bishops of the province;
b) the bishops residing in the province who are not bishops of any other province; and
c) the bishops of any other province of the Anglican Church of Canada when a direction is made pursuant to section 16 of this Canon,
for any ecclesiastical offence which they may commit.
Supreme Court of Appeal of the Anglican Church of Canada
3. The Supreme Court of Appeal of the General Synod shall have jurisdiction with respect to the discipline of:
a) the Primate, and
b) the Bishop Ordinary,
Part II - ECCLESIASTICAL OFFENCES
4. All persons who are subject to jurisdiction as defined in Part I shall be liable to discipline for any of the following offences;
a) crime or immorality;
b) disobedience to the bishop to whom such person has sworn obedience;
c) violation of any lawful constitution or canon of the Church whether of a diocese, province or the General Synod by which the person is bound;
d) willful or habitual neglect of the exercise of the ministry of the person without cause;
e) willful or habitual neglect of the duties of any office or position of trust to which the person has been appointed or elected;
f) teaching or advocating doctrines contrary to those accepted by The Anglican Church of Canada; or
g) contemptuous or disrespectful conduct towards a bishop of a diocese in matters pertaining to the administration of the affairs of the diocese or parish.
Part III - PENALTIES FOR ECCLESIASTICAL OFFENCES
5. The following penalties may be imposed against a person by the court with jurisdiction over the person when an ecclesiastical offence has been proven in that court against the person:
b) suspension from the exercise of ministry or office;
c) deprivation of office or ministry; or
d) deposition from the exercise of ministry if the person is ordained.
6. Admonition shall be delivered by the bishop or, if the party being disciplined is the bishop, by the president of the court in which the bishop was tried.
7. Admonition may be in public or private as the bishop or president delivering it may determine.
8. a) When the court imposes a penalty of suspension it shall fix the duration of the suspension and may impose such other conditions on the suspension as it considers appropriate.
b) During the term of a suspension, the person suspended from the exercise of ministry or office shall not exercise the function of his or her ministry anywhere in Canada.
c) If a person suspended from the exercise of ministry exercises his or her ministry contrary to s. 8b), or otherwise violates the conditions of the suspension, the court may, after a further hearing, impose the penalty of deprivation of office.
d) During the term of a suspension, the bishop may deprive the suspended person of the whole or part of any stipend, income or emoluments associated with the ministry or office from which the person stands suspended and may authorize the application of the whole or part of such stipend, income or emoluments to the payment of a substitute.
e) During the term of a suspension of a bishop, the president of the court in which the bishop was tried, or the executive council of the synod of the diocese in which the bishop serves may deprive the bishop of the whole or part of any stipend income or emoluments associated with the office of the bishop and may authorize the application of the whole or part of such stipend, income or emoluments to the payments of the person performing the duties of the duties of the bishop during the term of the suspension.
9. a) Upon the penalty of deprivation of office or ministry being pronounced, the connection between the person deprived and his or her parish, mission, congregation, diocese, or office is severed and all revenues to which the person was entitled by virtue of the office or ministry shall wholly cease and determine.
b) A person who has been deprived of office or ministry shall be incapable of holding any office or performing any function in any diocese in the Anglican Church of Canada until restored pursuant to subsections c), d) or e).
c) Any person so deprived shall be and remain deprived until restored by the bishop if the diocese in which the office from which the person was deprived is located.
d) Any person so deprived shall be and remain deprived until restored by the metropolitan of the province of which the deprived bishop's diocese is part.
e) Any archbishop so deprived shall be and remain deprived until restored by the House of Bishops of the province, in the case of a metropolitan, or by the House of Bishops of the Anglican Church of Canada, in the case of the Primate.
f) Restoration pursuant to subsection c), d), or e) may be to any office or ministry in the diocese whether or not it be the specific office from which the person was deprived.
10. The penalty of deposition shall include all of the consequences of deprivation and at the same time will have the same effect as if the person had relinquished the exercise of the ordained ministry pursuant to Canon XIX.
11. a) Where the penalty of suspension is imposed, the court shall cause notice thereof to be given to all the clergy of the diocese and all bishops of the Anglican Church of Canada.
b) Where a penalty of deprivation of office or ministry or of deposition is imposed, the court shall cause notice thereof to be given to all the clergy of the diocese, all bishops of the Anglican Church of Canada and all metropolitans of the Anglican Communion.
Part IV - PRINCIPLES AND GENERAL PROCEDURES TO BE OBSERVED IN DISCIPLINE PROCEEDINGS IN THE ANGLICAN CHURCH OF CANADA
Fundamental Principles of Natural Justice
12. All trials of persons charged with offenses under this Canon shall be conducted according to the principles of natural justice.
13. a) Without limiting the generality of the foregoing section; all persons tried for offenses under this Canon are entitled to be:
i) give full and complete written notice of the charge against them and the particulars of the charge;
ii) presumed innocent until the commission of the offence by them is proved beyond a reasonable doubt;
iii) heard in their own defence;
iv) represented in their defence by counsel of their own choice;
v) presented, accompanied by their counsel, when any evidence or argument concerning the allegations against them is received by the court;
vi) given opportunity to cross-examine, or have their counsel cross-examine, under oath, witnesses who have given evidence against them;
vii) tried by a court composed of persons who are not biased against them; and
viii) tried within a reasonable time.
b) No person tried for an offence under this Canon is required to give evidence in the proceedings.
c) Disciplinary proceedings arising out of the alleged commission of an offence under this Canon shall be commenced within 12 months from the time when the facts giving rise to the charge became known to the informant or otherwise became publicly known, whichever period first expires, and not afterwards.
d) All persons found to have committed an offence under this Canon are entitled to have the penalty imposed against them within 30 days of the date that the court determines that they committed an offence, subject to a stay of the imposition of a penalty in the event of an appeal.
e) No person who has been acquitted of an offence under this Canon may be tried for the same offence a second time.
f) No person who has been found guilty of and punished for an offence under this Canon may be tried or punished for the same offence again.
14. a) If it appears to the bishop that great scandal is likely to arise if a priest, deacon or lay person continues to perform the duties of his or her office while a charge is under investigation or trial and that the person's ministry will be seriously impaired while a charge from performing any of the duties of his or her office, either in the diocese of that bishop or elsewhere, pending such investigation or until the bishop withdraws the inhibition, to until the end of the trial.
b) During such inhibition the person inhibited shall not be deprived of the emoluments associated with the person's office.
c) Where it is alleged that a bishop has committed an ecclesiastical offence, inhibition may be ordered or withdrawn by the metropolitan in consultation with the executive council of the diocese.
d) Where it is alleged that the Bishop Ordinary has committed an ecclesiastical offence, inhibition may be ordered or withdrawn by the Primate in consultation with the Officers of the General Synod.
e) Where it is alleged that the Primate has committed an ecclesiastical offence, inhibition may be ordered or withdrawn by the provincial metropolitans in consultation with the Officers of the General Synod.
Priest or Deacon from another Diocese
15. a) In the event of an offence being alleged against a priest or deacon who is not on the register of the diocese, but who is on the register of another diocese, for an offence alleged to have been committed in the diocese, proceedings with respect to the offence shall not be instituted until notice of the allegation has been given to the bishop of the diocese in which the priest or deacon is registered and the bishop has given consent for proceedings to be instituted by the bishop of the diocese in which the offence is alleged to have been committed.
b) A bishop who receives a notice under subsection a) shall forthwith respond either by consenting or refusing consent to the institution of proceedings in the diocese from which notice was received.
c) Where a bishop consents, proceedings shall be taken in the diocese where the allegation has been made.
d) A bishop who refuses consent shall, within 6 months of receipt of notice pursuant to subsection a) hereof, institute proceedings with respect to the alleged offence in accordance with the canons of the diocese in which the priest or deacon is registered.
Transfer of Jurisdiction
16. a) On the application of a person charged with an offence under this Canon to the president of the court having jurisdiction over that person, that jurisdiction may be transferred to another court, where it appears to the president of the court of which the application is made, that such transfer is necessary to ensure that the fundamental principles of natural justice are respected and where the court to which the transfer is to be made consents to the transfer.
b) Where an application under subsection a) is made to the president of a diocesan court, the transfer may be made to another diocesan court of the same ecclesiastical province.
c) Where an application under subsection a) is made to the president of a provincial court of appeal, the transfer may be made to another provincial court of appeal.
d) Where an application under subsection a) is made to the president of the Supreme Court of Appeal, the transfer may be made to another provincial court of appeal.
d) Where an application under subsection a) is made to the president of the Supreme Court of Appeal, the transfer may be made to a provincial court of appeal.
Part V - RIGHTS OF APPEAL IN DISCIPLINARY PROCEEDINGS
17. An appeal to the provincial court of appeal may be taken from any judgment or order of diocesan court or the president thereof.
18. An appeal to the Supreme Court of Appeal may be taken from a judgment or order of a diocesan court or the president thereof, or a provincial court of appeal or the president thereof, in the circumstances and pursuant to the procedures established by Canon XX.
19. All appeals shall be commenced according to the procedure of the court to which the appeal is to be made within 30 days of the date of pronouncement of the judgment or order appealed from.
20. No limit or restriction on the rights of appeal granted by this Canon, imposed by a bishop or diocesan or provincial synod shall be of any effect. CARRIED ON FIRST READING Act 125
"The list of bishops ... is a reminder not only of the diversity, and complexity of the ecclesiastical province of Ontario, but of the extraordinary commitment many have made to the Anglican church in Ontario in the two hundred years since the arrival of the Mohawks, John Stuart and others (p. 128)". List consists of 221 names beginning with Charles Inglis and ending with Taylor Pryce, divided into four sections: Bishops Before 1839 of What Became Ontario -- Metropolitans of the Ecclesiastical Province of Canada Before 1912 -- Metropolitans of the Ecclesiastical Province of Ontario -- Bishops of Dioceses Within What Became Ecclesiastical Province of Ontario.
Archbishop Nutter reported that the Primate wrote to the Archbishop of Canterbury, as requested at the November meeting of the House, and received a response to his letter from Canon S. Van Culin's response were distributed to the Bishops.
According to the formula outlined by Canon Van Culin, as developed at the March 1986 meeting of Primates, the Canadian Church is entitled to send three Suffragan Bishops. No provision is being made for the attendance of the wives of Suffragan Bishops at the Lambeth Conference.
The Metropolitans identified various methods of indicating the Suffragan Bishops who should be invited to attend from the Canadian Church. It was agreed that seniority should be the defining factor, but that no more than one Bishop should attend from the same Diocese. If any Suffragan is unable to go because of illness, or chooses not to go, the next senior Suffragan Bishop should take his place. The Metropolitans agreed that this proposal should be placed before the Bishops for their consideration.
That the three Suffragan Bishops senior by Consecration be those designated to attend the Lambeth Conference in 1988, and that if any of those thus indicated are unable to attend, the next senior Suffragan Bishop shall take his place, with not more than one attending from any diocese. CARRIED
That this National Executive Council express its dismay over the unauthorized involvement of the Bishop of London [Graham Leonard] in a parish which is not in communion with the Episcopal Church of the U.S.A. and outside his jurisdiction and convey its support to the Church of England House of Bishops and to the House of Bishops of the Episcopal Church of the U.S.A. regarding their stands on this jurisdictional matter. CARRIED #63-11-86
Two page text introducing the foldout chart, entitled "1787-1987 Bicentennial of the Anglican Episcopate in Canada", which accompanies the article. Article divided into two sections: Preface by the Most Reverend Michael Peers, Primate, Anglican Church of Canada -- Editorial Commentary.
"The recent origins of this chart go back to 1959 when two theological students wanted to give each of their graduating classmates an 'apostolic genealogy' of the bishop who was ordaining them. .... Since that time each of these two student, Canon Tom James, now in Ottawa, and Archbishop Michael Peers, now in Toronto, has added information about the consecration of bishops in Canada" (p. 71).
"This is a special issue marking two hundred years of the Anglican episcopacy in Canada, and with this issue there is a poster size chart demonstrating the apostolic succession in the Canadian church. The chart has been arranged to reflect several patterns. The dioceses are approximately in geographical order from east to west. The bishops appear in a chronological pattern, from earliest bishops at the top, to the most recent at the bottom. Lines are drawn from the ranking bishop at each consecration to the individuals consecrated. When lines cross, a small semi-circle indicates the line continues" (p. 71-72).
Bishop Jones raised some of the problems in having to maintain links with Chaplains who are working in another Diocese for all or a large part of their ministry.
Bishop Stiff reminded the House that, some years ago, considerable work was done on the licensing of clergy. It was said, at that time, that wherever a priest is working, he should have some relationship with the Bishop of the Diocese in which he is working.
The Primate said that this is a very complex issue and raised the possibility of having Government Chaplains linked in the same way as the military chaplains by a Bishop Ordinary.
It was recognized that there is a growing number of chaplaincy jobs and agreed that a priest should be in a relationship with his diocesan bishop.
That this House of Bishops reaffirms the principle that every priest should be in a relationship with a local Bishop, and requests the Personnel Resources Officer to study the matter and develop Guidelines to be referred back to the House of Bishops for study. CARRIED #3-6-86