The Primate then invited Ms. Cynthia Haines-Turner as chair of the Nominating Committee to call for nominations for members to the proposed working group to develop the process for moving the Commission’s resolution to General Synod in 2016.
Membership from the following groups was proposed with nominations due by the end of the day: a representative from each of the four Ecclesiastical Provinces, a representative from the Planning and Agenda Team, and Bishop Linda Nicholls from the Commission on the Marriage Canon.
The Primate called upon the Ms. Cynthia Haines-Turner to present a motion creating the Working Group.
Be it resolved that:
The Council of General Synod appoint a Working Group:
a) To assist and provide advice to the Planning and Agenda Team in preparation for the November 2015 and March 2016 meetings of the Council of General Synod as the Council prepares and approves its response to Resolution C003 to be put before General Synod 2016;
b) Based on the discussions and decisions of the Council of the General Synod meetings, to assist and provide advice to the General Synod Planning Committee in matters related to the consideration of the motion to amend the Marriage Canon;
Further, that this Working Group consist of the following members:
- a) Four members to be elected from the Council of the General Synod, one from each of the Ecclesiastical Provinces;
- b) A member of the Planning and Agenda Team chosen by that group;
- c) Bishop Linda Nicholls who served as Coordinator of the Marriage Commission;
- d) The Working Group will appoint a chair from among its members.
ADOPTED by consensus #02-09-15
Following dinner and members’ own time with the report, the session resumed in plenary for members to ask questions of the Commission.
The Primate brought the evening to a close asking Sr. Elizabeth to lead night prayer and thanked the Commission for their offer to join members for the next day.
The Very Rev. Peter Wall, Committee Chair provided an update on the General Synod Planning Committee.
There was discussion on the seating arrangements at General Synod, and the following motion was debated.
Be it resolved:
That the Council of General Synod approve a seating plan for General Synod 2016 that incorporates members seated, at times, in Diocesan groups and, at other times, in mixed tables, dependent on agenda items.
The Very Rev. Peter Wall requested that one piece of the resolution be dealt with later this evening. This resolution concerns the usage of tablets at the General Synod.
Brian Bukowski, Web Manager was invited to provide a presentation on the application designed for tablets that would be utilized at the General Synod. Mr. Bukowski demonstrated the various icons of the application that will provide members and delegates to instantly access any information they will need during the meetings.
The Very Rev. Peter Wall explained that by allowing each delegate and member to receive a tablet upon registration and returning at the end of the Synod would reduce paper production and the number of people required to make things work. The final cost of tablets would be within budget at an estimated cost of $12,000.
Deputy Prolocutor Cynthia Haines-Turner and Dean Wall then presented the number of motions which councils would vote to commend for consideration to General Synod 2016.
Be it resolved:
That this Council of General Synod commends the following motion for consideration to General Synod 2016 (See Appendix A)
CARRIED #05-16-03 [sic i.e. 05-03-16]
APPENDIX A – Resolutions for General Synod 2016
005-16-03 PUBLIC WITNESS FOR SOCIAL AND ECOLOGICAL JUSTICE COORDINATION COMMITTEE
This Council of General Synod commends the following motion for consideration to General Synod 2016
Subject: Social and Ecological Investment Task Force
That this General Synod request the Council of General Synod
- 1. To appoint a task force as soon as possible
-- a) To review the investment policies and practices for the management of the General Synod assets and those of the General Synod Pension Plan in light of the Church’s faith and mission, including the Church’s social and environmental responsibilities;
-- b) Building on previous work, to address environmental, social and governance (ESG) practices of corporations and industries in which our Church invests, to develop guidelines for constructive dialogue, and where necessary divestment, leading towards a low carbon economy;
-- c) To present an interim report by May 2017 to the Council of General Synod;
-- d) To report annually on actions taken or under consideration that would make visible the Anglican Church of Canada’s commitment to environmental, social and governance principles and to propose a strategy for ongoing engagement and monitoring.
- 2. To include in the task force the widest possible range of internal stakeholders including those charged with the ministry of financial responsibility in matters pertaining to the General Synod and General Synod Pension Plan, and those with interests related to sustainable environmental investing.
Subject: Investment Task Force Relationships
That this General Synod, as a tangible expression of our desire to move to a low-carbon economy
- a) Become a signatory to the United Nations Principles for Responsible Investing http://www.unpri.org/about-pri/the-six-principles/; and
- b) Make full use of its affiliate membership with Shareholder Association for Research and Education (SHARE) and encourage dioceses to become affiliate members.
Explanatory Note/Background Information
Public Witness for Social and Ecological Justice Coordinating Committee, in conversation with the Creation Matters Working Group, gave consideration to the following in proposing these two motions:
- 1. The 5th Mark of Mission, “To Strive to Safeguard the Integrity of Creation and Sustain and Renew the Life of the Earth” and the associated baptismal promise, and
- 2. The direction from the meeting of the Primates of the Anglican Communion in Canterbury, England Jan. 2016 to “get behind the (United Nations) Sustainable Development Goals” that address the root causes of poverty including environmental abuse and the universal need for development that works for all people and creation; and
- 3. The plea from a group of Anglican Bishops gathered near Cape Town in February 2015 viz. “We call for a review of our churches’ investment practices with a view to supporting environmental sustainability and justice by divesting from industries involved primarily in the extraction or distribution of fossil fuels”; and
- 4. Experience of work undertaken in the Dioceses of Ottawa, Montreal, Huron and Quebec which through strategic divestment or re-investment have led these bodies to significantly re-align their investment practices with their faith convictions; and
- 5. As members of the Anglican Church of Canada we recognize the right to decent work (Sustainable Development Goal #8) and look for the well-being of those workers transitioning to sustainable jobs throughout Canada with unique needs; and
- 6. The principle of free, prior and informed consent in the United Nations Declaration on the Rights of Indigenous Peoples (Anglican policy – 2010 General Synod resolution A176; 2013 Joint Declaration; TRC Call to Action 48), and the June 26, 2014 Supreme Court of Canada Tsilhqot’in in Aboriginal Title decision, the first time in Canadian history that a court has declared Aboriginal title to lands outside of a reserve; and
- 7. A mandate for such a group could well include among other things, consideration of justice for non-human creation, the interests of future generations of humanity, and support for environmental sustainability and justice; and
- 8. Suggest a membership reporting to the Primate and the Council of General Synod as follows:
-- The General Secretary
-- A member of the Investment Committee
-- A member of the Financial Management Committee
-- An administrator and a member of the General Synod Pension Plan
-- Two members of the PWSEJ/Creation Matters team
-- At least two persons who are Indigenous
-- A theological resource person
-- An investment professional
-- A representative from a diocese directly affected by changing economic realities
-- A representative from a diocese above with experience in divestment
- 9. Suggest that through an existing formal relationship with the Anglican Church of Canada that SHARE provide support to the task force proposed above.
006-06-16-03 FAITH, WORSHIP AND MINISTRY COMMITTEE
That this Council of General Synod commends to the General Synod of 2016 the following motion:
- That this General Synod receive with gratitude the Report of the Liturgy Task Force and authorize the following for trial use and evaluation for a period of three years:
-- Seasonal Forms of Daily Office: Morning and Evening Prayer;
-- Additional Collects and Prayers following the Revised Common Lectionary
-- Inclusive Language Liturgical Psalter
Future Work on Liturgical Texts
- That this General Synod encourage the work begun within the term limit of the Liturgy Task Force (2010-2016) to continue, guided by the Liturgical Principles and Agenda for Liturgical Revision as adopted by the General Synod 2010, and in light of evolving priorities in the General Synod’s ministry.
Anglican-United Church Dialogue
- That this General Synod:
-- receive with gratitude the final report of the latest iteration of the dialogue between the Anglican Church of Canada and the United Church of Canada;
-- endorse the report’s recommendations, including the establishment of a national coordinating committee for unity and mission between at least our two churches, whose size, membership, and mandate will be determined by the Council of General Synod in consultation with the United Church of Canada and any other participating churches.
-- Welcome the establishment of a new bilateral dialogue with Mennonite church Canada for a period of five years;
-- Direct the Faith, Worship, and Ministry Coordinating Committee, in consultation with Mennonite Church Canada, to determine the size, membership and mandate of the dialogue.
Ministry and Theological Ethics
The Iona Report, and Competencies for the Diaconate
-- 1. receive The Iona Report, including the Competencies for the Diaconate, and commend it to the dioceses for study and fur use in review of their existing guidelines and practices with respect to the diaconate, sending their feedback to Faith, Worship, and Ministry no later than October 2018;
-- 2. request the Primate convene a study of The Iona Report within the House of Bishops and report to the Faith, Worship, and Ministry;
-- 3. request that the Faith, Worship, and Ministry Committee review the Ordinal, in light of current scholarship and best practices, and present to the General Synod of 2019 a revision of the liturgical text for the Ordination of a Deacon.
027-0-16-03 GOVERNANCE WORKING GROUP
This Council of General Synod commends the following motion for consideration to the General Synod 2016
- The Governance Working Group is asking CoGS to send three sets of amendments to General Synod 2016:
-- A. Amendments to Canon XXII requested by the Sacred Circle,
-- B. Amendments to Canon XXII requested by the Anglican Military Ordinariate, and
-- C. Housekeeping amendments to the Declaration of Principles, the Constitution, other Canons, and the Rules of Order and Procedure.
AMENDMENTS TO CANON XXII
(NATIONAL INDIGENOUS MINISTRY)
The Sacred Circle in August 2015 asked General Synod to make two amendments to Canon XXII to:
- 1. Remove the current 9 year term limit on the National Indigenous Anglican Bishop.
- 2. Increase the term of Office for members of the Anglican Council of Indigenous Peoples (“ACIP”) from the current three years to six years, and to provide that the terms of half of the members expire at each Sacred Circle, so as to permit continuity. (Sacred Circle meets approximately every three years.)
Canon XXII be amended as follows:
- 1. Delete the following words in entirety:
-- The term of office for the NIAVB is nine years from the date of installation. The NIAV whose term has been completed is eligible to stand for election for a further term.
- 2. Reword the following paragraph by adding the words shown in bold: [In electronic database, "bolded" text is indicated by brackets.]
-- Except for the NIAV, the terms of ACIP members will end at the conclusion of the second Sacred Circle
-- after their election, Where a vacancy occurs , ACIP may appoint a replacement for a person who was elected by the Sacred Circle, and the NIAV may appoint a replacement for a person whom the NIAV had appointed. A person who has served on ACIP is eligible for re-election.
- 3. ACIP shall determine which of its current members will have terms ending at the conclusion of the next Sacred Circle (2018), and which will have terms ending at the conclusion of the second next Sacred Circle (2021).
The following table shows the present wording and the proposed wording. [In electronic database, information is presented NOT in table form. "Present Wording" column first and then "Proposed Wording" column information follows.]
Term of Office for the NIAB
The term of office for the NIAB is nine years from the date of installation. The NIAV whose Term has been completed is eligible to stand for election for a further term.
The NIAB must retire on reaching the age of 70.
Except for the NIAB, the terms of ACIP members will end at the conclusion of the next Sacred Circle. Where a vacancy occurs on the Council between Sacred Circles, ACIP may appoint a replacement for a person who was elected by the Sacred Circle, and the NIAB may appoint a replacement for a person whom the NIAB had appointed. A person who has served on ACIP is eligible for re-election.
Except for the NIAB, the terms of ACIP members will end at the conclusion of the Sacred Circle after their election, Where a vacancy occurs , ACIP may appoint a replacement for a person who was elected by the Sacred Circle, and the NIAB may appoint a replacement for a person whom the NIAB had appointed. A person who has served on ACIP is eligible for re-election.
ACIP shall determine which of its current members will have terms ending at the conclusion of the next Sacred Circle (2018), and which will have terms ending at the conclusion of the second next Sacred Circle (2021).
CANON XXII [sic i.e. XXIII]
(ANGLICAN MILITARY ORDINARIATE)
General Synod 2013 enacted amendments to Canon XXII to allow for the election of the Bishop Ordinary by the members of the Ordinariate. In the course of preparations for the election this Spring of the next Bishop Ordinary, it became apparent that it would be desirable to make the following amendments.
- 1. The following definitions be amended or added in the Glossary section of the Handbook:
-- a) Anglican Military Ordinariate The Anglican Military Ordinariate is composed of all the Anglican clergy and lay service personnel in the Canadian Armed Forces and their families.
-- b) Bishop Ordinary to the Canadian Armed Forces A bishop elected with the concurrence of the Primate and the Metropolitans who has Episcopal jurisdiction over the chaplains of The Anglican Church of Canada serving with the Canadian Armed Forces.
-- c) Chancellor of the Anglican Military Ordinariate A judge or barrister who is appointed to advise the Bishop Ordinary to the Canadian Armed forces.
- 2. All of the references in the Handbook to “Canadian Forces” be amended to “Canadian Armed Forces”.
- 3. Section 5 b) of Canon III (The Primate) be amended to read as follows:
-- Subject to the provision of financial requirements, the Primate and the four Provincial Metropolitans may concur in the election by the Anglican Military Ordinariate of the Bishop Ordinary who shall have Episcopal jurisdiction over the members of the Anglican Military Ordinariate in accordance with any applicable Canon.
- 4. Section 1 a) of Canon XVII (The Licensing of Clergy) be amended to read as follows:
-- “chaplain” means full and part-time priests commissioned as officers in the Canadian Armed Forces, and mandated by the Chaplain General.
- 5. Explanatory Note 1 at the end of Canon XIII be amended to read:
-- …if the Bishop Ordinary-elect is a serving member of the Regular Force or Primary Reserve, that person must forthwith submit a formal request for release from the Canadian Armed Forces, may be consecrated as bishop upon proof of acceptance of that request, but may not commence his or her duties as Bishop Ordinary until the effective date of release from the Canadian Armed Forces.
The following are housekeeping amendments.
BE IT RESOLVED THAT:
- 1. Section 11 c) ii) of the Declaration of Principles be amended to read as follows:
--- All other Canons may be approved or amended by a two-thirds majority of each Order voting separately.
-- This is to remove the last vestige of clergy and laity voting together (the old Lower House) with the bishops voting separately (the old Upper House).
-- Procedure: This amendment will require a two-thirds majority in each of the Orders voting separately at two successive sessions of the General Synod.
- 2. Section 16 i) of the Rules of Order be amended to read as follows:
--- A motion that the debate be closed, to be carried, requires a two-thirds majority of all three orders voting together.
-- Procedure: This amendment will require a two-thirds majority in the three Orders voting together.
- 3. Section 5 c) of Canon III (The Primate) be amended to read as follows:
--- Subject to the provision of financial requirements, the Primate and the four Provincial Metropolitans may concur in the election by the Sacred Circle of the National Indigenous Bishop who shall have a Pastoral Episcopal relationship with all indigenous ministries, in Accordance with any applicable Canon.
- 4. Change the period at the end of Section 5 a) ix) in Canon III to a semi-colon and add Section 5 a) x) as follows:
--- 5 a) x) have Metropolitical jurisdiction over the Bishop Ordinary, the National Indigenous Anglican Bishop, and any other extra-diocesan bishop with a national ministry.
-- Procedure: This amendment will require a two-thirds majority in the Order of Bishops and of the Orders of Clergy and Laity voting together.
- 5. The following be added to Canon XIV:
--- 5. Prayer Number 4 in “Prayers and Thanksgivings upon Several Occasions” is to be deleted from use and omitted from further printings of The Book of Common Prayer.
-- When Section 4 was adopted, deleting the third Collect, for the Conversion of the Jews, from the Good Friday lectionary, it appears that by oversight a similar, albeit not identical, prayer – Prayer 4 on page 41 – was left in. It would be appropriate to deauthorize this prayer and omit it from future printings of the BCP.
- 6. The following be added to Canon XVIII:
--- 6 iii) The National Indigenous Anglican Bishop
-- The National Indigenous Anglican Bishop needs to be included in the discipline canon.
- 7. Canon XX be amended as follows:
--- A. In Section 3 i), adding the words shown in bold: [In electronic database, "bolded" text is indicated by brackets.]
---- If any member of the court dies, or declines to act or becomes incapable of doing so, or develops an interest in the case, or if a bishop ceases to hold Episcopal office as aforesaid, before the hearing is commenced, the vacancy shall be filled in the same way. If the vacancy occurs after the hearing has commenced the remaining members of the court may continue the hearing and give judgment or in their discretion direct that a new court be appointed and the hearing recommenced.
-- The current wording omits the possibility of a change of Order.
--- B. In Section 4 a), adding the words shown in bold: [In electronic database, "bolded" text is indicated by brackets.]
---- The other assessors shall be provincial or diocesan chancellors, appointed in the same manner as members of the court.
--- C. In Section 10 a), changing the words shown in bold: [In electronic database, "bolded" text is indicated by brackets.]
---- Before delivering judgment on a question of doctrine, the Supreme Court shall refer the question to the members of the Order of Bishops and ask for the individual written opinion of each such bishop on the question and shall consider the opinions of the bishops who reply to the request within two months after the making of the reference in reaching its decision.
-- The current wording refers to provisions which were previously located in the Declaration of Principles, and are now located in the Constitution. In addition, the proposed wording adds the Bishop Ordinary, the National Indigenous Bishop, and assistant bishops exercising Episcopal functions within their diocese. All of these are members of the Order of Bishops.
-- Procedure: These amendments will require a two-thirds majority in each of the Orders voting separately at two successive sessions of the General Synod.
- Respectfully submitted by:
- The Ven. Harry Huskins
- Cynthia Haines Turner
- Chancellor David Jones, Q.C. (Chair)
029-16-16-03 OTHER – ACRAC [Anglican Communion Relations Advisory Council]
NOTE: To be passed at meeting.
This Council of General Synod commends the following motion for consideration to the General Synod 2016.
--The General Synod session of 2013 enacted a resolution in regard to the Anglican Communion Covenant.
-- This resolution:
--- 1) Requested that the conversation in the Anglican Church of Canada about the proposed Covenant for the Anglican Communion continue during the next triennium; and
--- 2) Directed the Council of the General Synod to bring a recommendation regarding the adoption of the covenant to General Synod 2016.
-- The resolution also directed that the Anglican Communion Relations Advisory Council “monitor continued developments about the proposed Covenant for the Anglican Communion and report to the Spring 2016 meeting of the Council of the General Synod”.
-- The Anglican Communion Relations Advisory Council, as directed by this resolution, has considered the situation in regard to the Covenant. It would seem that the situation remains much as it was when the General Synod last considered the matter in 2013 and that there is no common mind in the Canadian Church for either the adoption or rejection of the covenant.
-- Given this, the ACRAC thinks it best to put a range of possible motions before the Council of the General Synod and allow the Council members to choose both the intent and wording of the motion that the Council has been directed to send to the floor of the 2016 General Synod session.
- This council of General Synod commends the following motion for consideration to the General Synod 2016
-- 1. A motion that directs that the present consultation process continue:
--- That this Synod acknowledges that the Anglican Covenant process has had the positive effect of leading many to think deeply about the nature of Anglican ecclesiology and the nature of inter-Anglican relationships, and directs the Council of General Synod to continue to monitor developments related to the Anglican Covenant.
--- Further, that this Synod commits the Anglican Church of Canada to full participation in the Instruments of Communion, the Continuing Indaba, the Consultation of Anglican Bishops in Dialogue and the strengthening of relationships through initiatives such as the establishment and nurturing of Companion diocese relationships.
Resolutions from Financial Management Committee
- Be it resolved:
-- That the audited Consolidated Financial Statements of the General Synod of the Anglican Church of Canada for the fiscal year ended as at December 31st, 2015 and including transfers from Internally Designated Net Assets of $xxxx be approved. (See Schedule 1)
-- That the audited Financial Statements of The Anglican Church of Canada Consolidated Trust Fund for the fiscal year ended as at December 31st, 2015be approved.
-- That the audited Financial Statements of The Anglican Church of Canada Resolution Corporation for the fiscal year ended as at December 31st, 2015 be approved.
This Council of General Synod commends the following motion for considerations to the General Synod 2016
-- That the unaudited Financial Statements of The Missionary Society of the Anglican Church of Canada for the fiscal year ended as at December 31st, 2015 be approved.
"General Synod might get a technological boost at its July 7-12  meeting in Richmond Hill, Ont., with the introduction of tablet computers for delegates and members, said planning committee chair Dean Peter Wall. The committee will ask Council of General Synod (CoGS) during its spring meeting, to approve a proposal of doing away with putting voluminous documents in traditional three-ring binders and instead lease tablets, onto which information can be preloaded". "Wall first saw this technology in action while observing The Episcopal Church's (TEC) General Convention in Salt Lake City last summer , and said he was struck by how much more efficient it was. .... (General Convention -- TEC's governing body -- has about 1,100 members. The Anglican Church of Canada's General Synod is expected to have between 250 and 280 delegated this year.)" "While the total cost of the tablets is estimated to be around $30,000 (which includes the cost of the app, back-up tablets and on-site technical services) the money that will be saved on printing, photocopying and paper will amount to around $18,000 -- meaning the tablets will cost around $12,000 more than is usually allocated for distribution of information materials, said Wall".
The Chancellor, in referencing his Memorandum detailed the legal and procedural aspects of amendments to the resolution and the voting of the resolution.
He stated that once the motion had been moved and seconded here it would then be owned by this Synod and amendments could be made to the motion.
He also commented on how motions to vote by diocese were to occur and that abstentions are not to be counted. He noted that any canonical amendment required a 2/3 majority affirmative vote in each order (Bishops, Order of Clergy, Order of Laity) for the first reading. If successful, the resolution would then return to provincial and diocesan synods for consideration – not consent – over the next triennium before being presented to General Synod 2019 for a second reading.
For text of the Chancellor’s Memorandum see Appendix H [In electronic database Appendix H (11 pages) is found at the end of the Notes Field.]
Moved by: The Rev. John VanStone
Seconded by: The Rt. Rev. Melissa Skelton
That this General Synod requests the voting on the Marriage Canon is conducted using clickers only.
Members spoke at length in plenary. Two amendments to Resolution A051 were moved.
Moved by: The Most Rev. Colin Johnson
Seconded by: The Very Rev. Peter G. Elliott
That this General Synod:
Paragraph 3 of Motion A051 be deleted and replaced with the following clause:
- 3. The following be added to section 11 of the Regulations
- e) A minister may only solemnize a marriage between persons of the same sex if authorized by the diocesan bishop.
Resolution A051 would then read:
Moved by: The Ven. Dr. Harry Huskins
Seconded by: Ms. Cynthia Haines-Turner
1. Declare that Canon XXI (On Marriage in the Church) applies to all persons who are duly qualified by civil law to enter into marriage.
2. Make the following consequential amendments to Canon XXI:
-a) in paragraph 2 of the Preface, delete the words “of the union of man and woman in”;
- (b) in paragraph 4 of the Preface, substitute the word “partners” for the “husband and wife”;
- (c) in section 16 a) of the Regulations, substitute “the parties to the marriage” for “a man and a woman”;
- (d) in section 17 b) of the Regulations, substitute “the partners” for “husband and wife”
3. Add the following to section 11 of the Regulations
- e) A minister may only solemnize a marriage between persons of the same sex if authorized by the diocesan bishop.
4. Declare that this resolution shall come into effect on the first day of January after being passed by General Synod at Second Reading.
Moved by: The Very Rev. Peter G. Elliott
Seconded by: The Rev. Canon Bruce Bryant-Scott
In Paragraph 2 b) and d) of Motion A051, the word “partners” be changed to “parties to the marriage”
- (a) in paragraph 2 of the Preface, delete the words: of the union of man and woman in”;
- (b) in paragraph 4 of the Preface, substitute “the parties to the marriage” for the “husband and wife”;
- (d) in section 17 b) of the Regulations, substitute “the parties to the marriage” for “husband and wife”.
With 3 and 4 to follow.
After lengthy discussion of the amended resolution, the Primate asked the mover, the Venerable Dr. Harry Huskins, if he wished to speak to the motion; he declined. The Primate commented that the vote required a two-thirds majority in each order.
Before the vote took place, there was a point for clarification from the floor.
“If we vote in the affirmative for this resolution it says that we will have three years of study before we bring this to the next General Synod. Does that mean that there will be no same gender marriages in that time?”
The Chancellor responded. “What that means is that the Canon will not become effective until second reading is given. If you read the last paragraph of my memorandum, you will have seen that there are some questions about the extent of the existing Canons. There’s no prohibition in it against same sex marriage.”
In Favor Opposed Percentage in favor
Order of Clergy 51 26 66.23
Order of Laity 78 30 72.22
Order of Bishops 26 12 68.42
The resolution did not pass with a 2/3 majority in each order. The Order of Clergy required a vote of 52 in favor to meet that mark and only 51 votes were cast in the affirmative.
Point of Order
As Synod had not adjourned for the evening, the Rt. Rev. John Chapman rose on a point of order and requested a recount of the A051-R2 vote based on Rule 21 of the Rules of Order and Procedure. Resolution A051-R2 was defeated by one vote.
The Chancellor read Rule 21: Finality of Decision: A question being once determined shall not again be drawn into discussion in the same session, without the consent of two-thirds of the members present voting as provided in Rule of Order 18(b).
The Chancellor determined that the request by Bishop Chapman is effectively a reconsideration of the resolution and in order to do that it will require a two-thirds vote of the whole House in favor.
Moved by: The Rt. Rev. John Chapman
Seconded by: The Ven. David Selzer
That the House give consent to reconsider the vote of A051-R2.
Note: According to Rule 21 this motion is not debatable and requires a 2/3 majority across the House of all members present.
["Community Reflection", an address by Primate Fred Hiltz to synod, found on pages 33-34 of Synod Journals, in italics. "Community Reflection not included in electronic database.]
Members were invited in table groups to address the questions, asked to write all comments down from their table groups. Comments were placed in baskets on the altar. They were collected and brought to the Primate. It was his intention to share the information with the Planning and Agenda Team for the Council of General Synod and the Agenda Committee for the House of Bishops as guiding subjects for the triennium.
Following the table diocesan group discussions and the placement of the comments on the altar the Primate lead the Synod in prayer.
Moved by: The Rt. Rev. Jane Alexander
Seconded by: The Rev. Canon Travis Enright
- 1. Reaffirm the 2004 General Synod statement on the integrity and sanctity of same sex relationships; and
- 2. Call on the whole church to engage fully with This Holy Estate at every level.
A discussion followed the introduction of this resolution.
Amendment to the Motion A054-A1
Moved by: The Rev. Chris Van Buskirk
Seconded by: Asher Worley
- 1. As a sign of our unity, that we entrust the pastoral response of General Synod 2016 to our primate; and
In reading this motion the Primate determined that this is not an amendment to the original motion on the floor.
Motion to put the question – A054
That the motion be put to close the debate on A054. CARRIED
Vote on the motion A054
50%+1 majority vote
CARRIED Act 24
A013 - Motion
Moved by: The Rev. Canon Kevin Robertson
Seconded by: The Rev. Canon David Harrison
That this General Synod make public the list of the recorded vote of A051 as it was amended.
Discrepancies in the voting results of A051 as amended
Following the results of the motion A013 it was made clear that several votes had not been tabulated correctly and some had not been recorded at all. Chancellor Jones met with the assessors to decide how best to handle the issue.
A physical count was made of the clergy vote that was published. The results indicated 52 members voted yes, 26 voted no. There was 1 abstention and 4 unrecorded. The calculation yields a 2/3 among the clergy.
The Chancellor spoke to the issue made evident from the printed lists.
- 1. There were some members who believed they had voted but whose votes were not recorded. All of them reported voting in favour of the resolution.
- 2. The General Secretary’s voting device was incorrectly coded as “laity”.
The Chancellor concluded that whichever of the two issues was corrected it would take the final count over the 2/3 needed to pass the motion.
The Primate, in answer to a question from the floor stated that General Synod did in fact have a two thirds majority from all three houses. This meant that A051 as amended was carried. Effectively it was carried on first reading in this General Synod. According to the Rules of Order, A051 as amended will come back to General Synod 2019 after it has been studied by the dioceses and provinces.
The General Secretary addressed Synod. “The good order of General Synod is my responsibility as General Secretary so I am at both pointy ends of this particular issue. But at this pointy end I wish to apologize to the General Synod for the confusion that has been caused, because that confusion wasn’t just about a matter, it was about something over which this Synod agonized, worked hard, listened carefully, prayed and found somehow a way to be together in all of the tension and weight of what we were doing. And so for that confusion which is more than confusion I apologize to the Synod. I am sorry for that.”
The Primate thanked the General Secretary and assured him that he did not need to wear this personally. “You have apologized for confusion but you have clarified what the reality is in terms of what actually happened".
To: Members of General Synod
From: David Jones, Q.C., Chancellor of General Synod
Date: 22 June 2016
Subject: ISSUES IN DEALING WITH RESOLUTION A051 (the motion to amend the Marriage Canon)
1. The Primate and the General Secretary have asked me to prepare this description of various issues which may arise in the legislative session when General Synod is dealing with Resolution A051 to amend Canon XXI (the Marriage Canon).
2. Resolution A051 (the “main motion”) is drafted to respond to the requirements contained in Resolution C003 passed by the 2013 General Synod. There is an annotation at the end of this memorandum explaining how Resolution A051 does this.
3. Once the main motion is moved and seconded, General Synod will “own” the motion—General Synod can amend the main motion in any way it sees fit.
Amendments to the main motion
4. Amendments must be moved and seconded. Prior written notice of the text of the proposed amendment should be provided to the presiding officer: Rule 16 e) of the Rules of Order and Procedure.
5. Because only the main motion if passed would actually amend Canon XXI, only the main motion must be passed by a two-thirds majority of each Order voting separately as required by section 11 c) i) of the Declaration of Principles.
6. Accordingly, voting on an amendment to the main motion would be done by the three Orders voting together: section 4 of the Declaration of Principles [Footnote 1] and Rule 18 b) of the Rules of Order and Procedure; and the threshold for an amendment to the main motion to pass is a majority (50% plus one): Rule 18 b) of the Rules of Order and Procedure.
Requisitioning a vote by Orders on an amendment to the main motion
7. Prior to the vote on an amendment to the main motion being taken, any six members of General Synod may require the vote to be taken by Orders, voting separately in the sequence of laity, clergy, bishops: Rule 19 of the Rules of Order and Procedure.
8. If a vote by Orders is requisitioned on an amendment to the main motion, the threshold for the amendment passing is a majority (50% plus one) in each of the Orders: Rule 19 of the Rules of Order and Procedure.
9. Abstentions are not counted in calculating whether the majority is met: Rule 18 b) of the Rules of Order and Procedure.
Requisitioning a vote by Dioceses on an amendment to the main motion
10. If there were a vote by Orders (and only if there were a vote by Orders) which passed an amendment to the main motion, it would be possible to requisition a vote by Dioceses on that amendment: Rule 20 of the Rules of Order and Procedure.
A vote by Dioceses is not available if either (a) the vote on the amendment was not by Orders, or (b) the preceding vote by Orders was defeated.
The Indigenous Spiritual Ministry of Mishamikoweesh and the Territory of the Central Interior [Footnote 2] have the status of dioceses.
11. A request for a vote by Dioceses must be made by any six members, two from each of three different dioceses: Rule 20 a) of the Rules of Order and Procedure.
12. The request must be made immediately following the affirmative vote by Orders, prior to General Synod having moved on to the next item of business: Rule 20 a) of the Rules of Order and Procedure.
13. Ex officio and non-diocesan members of General Synod vote with the diocese in which they are normally resident if laity, or canonically resident if clergy: Rule 20 a.1) of the Rules of Order and Procedure.
14. The vote of each diocese is determined by the majority of the members of all Orders of that diocese voting together. If the votes in the diocese are equal, that diocese is not counted. Rule 20 b) of the Rules of Order and Procedure. Abstentions are not counted in determining the majority: Rule 18 b) of the Rules of Order and Procedure.
15. If the majority of the dioceses vote in the negative, the question is defeated. If there is a tie, the question is passed (on the basis of the previous affirmative vote by Orders): Rules 20 c) and d) of the Rules of Order and Procedure.
Voting on the main motion
16. Because the Marriage Canon deals with doctrine, [Footnote 3] the main motion must be passed by a two-thirds majority in each of the three Orders (Bishops, Clergy and Laity), at two successive sessions of General Synod: section 11 c) i) of the Declaration of Principles.
17. Accordingly, when the main motion (with or without amendment) comes to a vote at General Synod 2016, that vote will be taken by Orders.
18. To be passed, the main motion (with or without amendment) must receive a majority of two-thirds of the votes cast in each of the Orders.
19. Abstentions are not counted in calculating whether the two-thirds majority is met: Rule 18 b) of the Rules of Order and Procedure.
Requisitioning a vote by Dioceses on the main motion (with or without amendment)
20. If the vote on the main motion (with or without amendment) is passed by twothirds in each of the three Orders, it would be possible for there to be a vote by Dioceses: see paragraphs 10 to 15 above.
If the main motion (with or without amendment) is passed by General Synod 2016
21. If the main motion (with or without amendment) is passed by General Synod 2016, that would constitute“First Reading”. It would then be referred to the diocesan and provincial synods for consideration and comment (not consent) during the ensuing triennium: section 11 c) i) of the Declaration of Principles.
22. The motion as passed at First Reading would then be brought to the next General Synod (2019) to be considered at Second Reading.
23. At Second Reading, General Synod 2019 could amend the motion passed at First Reading, provided that any such amendment would have been in order when the motion was considered at First Reading: s. 11 e) i) of the Declaration of Principles.
24. General Synod 2019 would decide whether or not to pass the motion (with or without amendment) at Second Reading.
25. If Resolution A051 (with or without amendment) is given Second Reading, the resulting language of Canon XXI would make clear the circumstances in which solemnization of same-sex marriage is permitted in the Anglican Church of Canada.
Some other procedural matters
26. No member (except the mover) may speak more than once on a particular motion, except with the permission of General Synod, or if permitted by the chair to explain or answer a question: Rules 10 d) and 11 a) of the Rules of Order and Procedure.
27. Debate on a particular motion is normally closed when the presiding officer recognizes the right of the mover (not the seconder) to speak for a second time in order to reply and close debate: Rule 11 a) and b) of the Rules of Order and Procedure. The mover may choose not to take the opportunity to say anything further in closing the debate.
However, debate on the particular motion will not be closed simply because the mover speaks a second time if permitted by the chair to answer a question or explain, or permitted by General Synod to speak a second time in the debate: Rules 10 d) and 11 a) of the Rules of Order and Procedure.
28. Alternatively, any member who has not yet spoken may move that debate be closed. The motion to close debate must be seconded. The presiding officer has discretion not to accept such a motion if
- a) there is written notice of a proposed amendment to the motion for which debate would be closed, or
- b) the presiding officer is of the opinion that closing the debate would abuse the rules or deny members an adequate opportunity for discussion.
If accepted, a motion to close debate is itself not debatable, and requires a twothirds majority in order to pass. [Footnote 4]
29. There can only be two amendments pending at any given time (so: the main motion, an amendment to the main motion, and an amendment to the amendment): Rule 17 o) of the Rules of Order and Procedure.
30. Any three members may require that the names of those who vote for or against a motion shall be recorded in the minutes: Rule 18 e) of the Rules of Order and Procedure.
If the main motion (with or without amendment) is not passed by General Synod 2016
31. If the main motion (with or without amendment) is not passed by General Synod 2016:
- this would not be equivalent to passing a motion to the opposite effect (such as a motion specifically prohibiting solemnization of same-sex marriages). Not passing the motion simply means that the motion was not passed.
- the same or similar motion could be brought at any subsequent General Synod. [Footnote 5]
- there may be differing understandings about whether, under the current state of ecclesiastical law in the Anglican Church of Canada, the solemnization of same-sex marriages is prohibited or could be permitted.
32. Determining whether our current Canadian church law permits or prohibits samesex marriages would require consideration of at least the following:
- (a) General Synod has “... authority and jurisdiction to ... define the doctrines of the Church in harmony with the Solemn Declaration adopted by this synod”: Section 6 i) of the Declaration of Principles. There is no requirement for General Synod to put matters of doctrine in a canon. Some matters of doctrine are included in canons; others are not.
- (b) Although General Synod has enacted Canon XXI, it does not contain either a definition of “marriage”, or a specific prohibition against solemnizing same-sex marriages. It does refer to the “requirements of civil law”, and to persons “duly qualified” to enter into marriage.
- (c) At the time Canon XXI was enacted in its current form in 1967, civil law did not recognize marriages between persons of the same sex, so same-sex persons would not at that time have been “duly qualified” to enter into marriage; the four references to “man and woman” and “husband and wife” are not surprising. General Synod could not have contemplated same-sex marriage when it enacted Canon XXI.
- (d) In 2005, Parliament enacted the Civil Marriage Act which permits marriage between “any two persons” (thereby making it clear that persons of the same sex are “duly qualified” to enter into marriage). This is the civil law throughout Canada.
- (e) In the absence of a prohibition by General Synod against same-sex marriages, Provincial Synods have authority and jurisdiction with respect to “... the authorization of special forms of prayers, services and ceremonies for use within the province, for which no provisions have been made under the authority of the General Synod or of the House of Bishops of The Anglican Church of Canada”: Section 7 viii) of the Declaration of Principles.
- (f) In addition, bishops retain some inherent “powers, jurisdiction and authority”: Section 9 of the Declaration of Principles.
Annotation on How the Elements of Resolution A051 relate to Resolution C003 from General Synod 2013
Resolution C003 from General Synod 2013 directed Council of General Synod to prepare a motion for General Synod 2016 to make two specific types of amendments to the Marriage Canon (Canon XXI):
-  to allow the marriage of same-sex couples in the same way as opposite sex couples, and
-  to include a conscience clause so that no member of the clergy, bishop, congregation or diocese should be constrained to participate in or authorize such marriages against the dictates of their conscience.
Resolution A051 accomplishes this by doing the following:
Paragraph 1 sets out the principle that the Canon applies to all persons whom civil law permits to marry.
- 1. This General Synod declare that Canon XXI (On Marriage in the Church) applies to all persons who are duly qualified by civil law to enter into marriage.
Paragraph 2 makes the four changes in language which are required to achieve this result.
- 2. The following consequential amendments be made to Canon XXI:
-- (a) in paragraph 2 of the Preface, delete the words “of the union of man and woman in”;
-- (b) in paragraph 4 of the Preface, substitute the word “partners” for “husband and wife”;
-- (c) in section 16 a) of the Regulations, substitute “the parties to the marriage” for “a man and a woman”;
-- (d) in section 17 b) of the Regulations, substitute “the partners” for “husband and wife”.
Paragraph 3 puts in place the conscience clause required by C003.
C003 requires the conscience clause to apply to four specified types of actors: a member of the clergy, a bishop, a diocese, and a congregation.
C003 also contemplates that the conscience clause would allow any of the four specified types of actors to decline to either participate in or authorize the solemnization of same-sex marriages.
Section 11 d) of the existing Canon preserves a minister’s discretion to decline to solemnize any particular marriage, so no additional language is required in the draft resolution to put in place a conscience clause for individual ministers to refuse to solemnize a same-sex marriage.
Because all marriages are solemnized by ministers, the consequence of a diocese, bishop or congregation exercising the right contemplated by C003 not to authorize same-sex marriages, paragraph 3 is drafted to prevent ministers from solemnizing such marriages if any of those three has exercised the opt out:
- 3. The following be added to section 11 of the Regulations
-- e) A minister shall not solemnize a marriage between
persons of the same sex if:
--- (i) the diocesan synod has enacted a Canon to
prohibit the solemnization of marriages between persons of the same sex in the churches and other places of worship in the diocese by any bishop or member of the clergy licensed in the diocese;
--- C003 contemplates that a diocese may decide not to authorize same-sex marriages in that diocese. A diocese acts through its synod (with the concurrence of the diocesan bishop). This provision requires such a decision to be enacted in a diocesan Canon.
--- (ii) the diocesan bishop has issued a written and public direction prohibiting the solemnization of marriages between persons of the same sex in the churches or other places of worship in the diocese by any bishop or member of the clergy licensed in the diocese;
--- C003 contemplates that a bishop may decide not to authorize same-sex marriages in that diocese. This provision requires such a decision by the bishop to be in writing and public.
--- (iii) the congregation has passed a resolution at a duly constituted meeting of the members of the congregation prohibiting the solemnization of marriages between persons of the same sex in the congregation’s church or other place of worship.
--- C003 contemplates that a “congregation” may decide not to permit the solemnization of same-sex marriages. Paragraph 3 e) iii) of the draft resolution requires such a decision to be made at a duly constituted meeting of the members of the congregation. Diocesan constitutions and canons have provisions which will determine the requirements for such a meeting.
-- f) Provided that none of the provisions of paragraph 11 e) applies, where a minister under paragraph 11 d) [of the existing Canon] declines for reasons of conscience to solemnize a marriage between two persons of the same sex, the minister shall refer the persons to another priest and permit that priest or another priest to solemnize the marriage in the minister’s church or other place of worship.
-- Paragraph 3 f) addresses what must happen if an individual minister exercises the discretion contained in section 11 d) of the existing Canon.
- 4. This resolution shall come into effect on the first day of January after being passed by General Synod at Second Reading.
- In order for there to be a window of time for bishops, dioceses and congregations to be able to decide whether to exercise their ability to opt-out of the revised Canon, paragraph 4 provides that the revised Canon will not come into effect for some months after having been passed at second reading by General Synod.
[Footnote 1. The Declaration of Principles was amended by General Synod 2013 to provide for all members of General Synod to vote together at the same time as one body, except where the Declaration of Principles, the Constitution or the Rules of Order and Procedure require voting by Orders. This is a change from previous practice, where the Order of Bishops voted separately from the combined Orders of Clergy and Laity.]
[Footnote 2. The Territory of the Central Interior is in the process of changing its name to the Territory of the People.]
[Footnote 3. Only canons dealing with doctrine, worship or discipline must be passed by a two-thirds majority in each of the three Orders at two successive sessions of General Synod. Matters dealing with doctrine, worship or discipline which are not contained in a canon are not subject to section 11 c) i) of the Declaration of Principles. Accordingly, motions dealing with matters of doctrine which are not in a canon may be passed by a majority of one General Synod voting together (or a majority voting by Orders if such a vote is requisitioned under Rule 19).]
[Footnote 4. Existing Rule 16 i) requires a vote to close debate to be passed by two-thirds of the Order of Bishops voting separately and two-thirds of the combined Orders of Clergy and Laity. Resolution A070 would amend Rule 16 i) to require a vote to close debate to be passed by twothirds of the three Orders voting together.]
[Footnote 5. Rule 21 of the Rules of Order and Procedure only prevents a question that has been determined from being reconsidered at the same session of General Synod (unless two thirds of the members voting together agree).]
"General Synod 2016 might seem far off,, but preparations for the meeting of the Anglican Church of Canada's governing body are well underway, according to Dean Peter Wall, chair of the planning committee". "From July 7-13 , delegates from across the Anglican Church of Canada will meet in Richmond Hill, Ont., for the triennial gathering , where they will discuss and vote on issues ranging from same-sex marriage to a call from the Anglican Council of Indigenous Peoples for a greater degree of self-determination. Because the formula to determine membership has changed since 2013, Wall was unable to say exactly how many delegates are expected. He estimates it would be between 275 and 280. Canon (lay) David Jones, chancellor of General Synod, suggested it will be closer to 245-250. .... Wall noted that the new formula would lower the number of delegates from the more populous dioceses, while it would favour those in smaller dioceses". "With feelings about the marriage canon vote running high, a major concern in planning the synod has been ensuring that discussions and debates around same-sex marriages take place in 'healthy and helpful ways', said Wall. A working group has been set up by Council of General Synod to shape how the discussion leading up to the vote takes place". "Another significant issue that has come up in planning the synod, given the presence of Indigenous delegates, is translation". "This year's special guests, Archbishop Suheil Dawani of the diocese of Jerusalem and Bishop Griselda Delgado del Carpio of the Episcopal diocese of Cuba, have confirmed their attendance".
"Archbishop Fred Hiltz said he is aware that there is anxiety among Anglicans about how the 2016 General Synod will deal with a motion amending the marriage canon (church law) to allow the marriage of same-sex couples. But he expressed hope that the debates preceding any decision will be conducted with respect and patience". "'But I need to remind people that because this is a doctrinal matter, if General Synod were to approve this on first reading, it requires a second reading' by the following General Synod in 2019. It will also be sent to provincial synods 'for information', [Hiltz] said. 'There's a three-year window for conversations before 2019'."
That Rule 18a) of the Rules of Order and Procedure be suspended for the duration of this session of General Synod to permit members to abstain from voting (and not just in circumstances involving a conflict of interest).