That First Reading be given to the Resolution that Canon XVIII - Discipline - be repealed and replaced by the following; subject to the understanding that the Organization Committee in consultation with the House of Bishops and the Doctrine and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
In November 1996 Council tabled the following motion:
That the proposal that subsection 17(ii) of Canon XVII be amended to read:
(ii) presumed innocent until the commission of the offence by them is proved beyond a reasonable doubt
be presented to the next General Synod along with an alternative proposal that the subsection be amended to read:
(ii) presumed innocent until the commission of the alleged offence is proved on a balance of probabilities appropriate to the circumstances of the alleged offence and the gravity of the consequences of a finding of guilt.
That the tabled motion be withdrawn. CARRIED #31-05-97
Bishop Nock introduced the subject, and invited the General Secretary to lead the discussion. Archdeacon Hilchey noted that the suggested proposal would reduce the five Canons to four, and the sequence would be changed so as to provide a progress from the usual procedure of Episcopal Licensing of clergy through procedures to deal with relinquishment and abandonment of ordained ministry, to the practice of ecclesiastical discipline, and finally to the Supreme Court of Appeal.
Resolution 6-11-81 (see p.9)
Moved by Bishop Short, seconded by Bishop Hatfield,
"That the proposal of the four Canons proceeding through the natural progression of Licensing, Relinquishment or Abandonment of the Ministry, Discipline, Supreme Court of Appeal, be approved."
It was agreed that a glossary of terminology should be prepared by a Committee for the Handbook.
Canon XVII - The General Secretary asked the House to consider the nature of licensing and suggested that this should be national in character in order to establish uniformity throughout the Church in Canada.
It was agreed that it would be useful for the national Canon to include a general pattern of licensing for the Canadian Church, and that Dioceses and Provinces would discuss these Canons and send suggestions to the Task Force.
Canon XVIII - The suggested Canon XVIII combines the two Canons referring to Relinquishment and Abandonment. Changes were noted during discussion.
Canon XIX - This Canon requires that each Diocese and Province must have an Ecclesiastical Court.
After discussion it was agreed that the Canon on Discipline should come before the Canon on Relinquishment and Abandonment. The House was questioned concerning the motion that had previously been Carried, and it was agreed that it should be changed in the light of the most recent discussion.
The Motion will now read: (see also p.8)
That the proposal of the four Canons proceeding through the natural progress of Licensing, Discipline, Relinquishment or Abandonment of the Ministry, Supreme Court of Appeal, be approved. CARRIED #6-11-81
With the approval of Synod, the following resolution was presented.
That the Memorial from the Diocesan Synod of Fredericton be referred to the Council of the General Synod and that the Council be requested to prepare, for consideration at the next General Synod, a motion to amend Canon XVIII to adopt "proof beyond a reasonable doubt" as the required degree of proof in disciplinary proceedings. CARRIED Act 98
Text of Memorial from Diocese of Fredericton, from Convening Circular, Supplement Mailing:
The following motion is forwarded from the 117th Synod of the Diocese of Fredericton, held June4-5, 1993:
That this Synod affirm the clear Biblical and universally held teaching of the Church that sexual relationships between persons of the same sex is contrary to God's purpose and is sinful, and that this affirmation be conveyed as a Memorial to General Synod.
The following motion is forwarded from the 118th Session of the Diocesan Synod of Fredericton held May 5-6, 1995:
That we, the members of the clergy and laity in this 118th Diocesan Synod of Fredericton convey the following memorial to the 1995 meeting of the General Synod of the Anglican Church of Canada.
Having debated and accepted a revised Diocesan Canon on Discipline, bringing it into harmony with the General Synod Canon on discipline, we express our profound concern with the statements regarding burden of proof and presumption of innocence in the "Principles and General Procedures to be Observed in Discipline Proceedings in the Anglican Church of Canada". Weighty matters such as immorality and heresy are the Church's equivalent of crimes. Therefore, the legal language adopted in such cases should be that of criminal law, i.e. "proven guilty beyond a reasonable doubt", rather than the language in the existing principles, adopted from civil law, i.e. "proved on a balance of probability".
We, therefore, urge the General Synod to amend Section 17 (ii) of Canon XVIII by substituting the the words "presumed innocent until the commission of the offence by them is proved beyond a reasonable doubt" [N.B. the phrase `beyond a reasonable doubt' is underlined in the Memorial], for the words, "presumed innocent until the commission of the offence by them is proved on a balance of probability" [N.B. the phrase `on a balance of probability' is underlined in the Memorial].
The Bishop Ordinary (Appleyard) presented a Statement of Policy based on a review of the relationship between the Chaplaincy Service and the House of Bishops. This was the outcome of a request from the last meeting that the Bishop Ordinary and the Bishop of Ontario should present some suggestions. Bishop Appleyard stated that the chaplains are most anxious not to sever their connection with their home diocese. Discussion followed and, with a slight amendment to the Statement, which is in Appendix A, the following motion was put: -
"That this House approves the amended Statement of Policy submitted re Chaplains serving in the Armed Forces." CARRIED
REVIEW OF THE RELATIONSHIP
THE CHAPLAIN SERVICE and the HOUSE OF BISHOPS
STATEMENT OF POLICY
In the light of the development of this area of the Church's work over the years, the following statement of policy is submitted for the consideration of the House.
(1) A priest going in to full-time ministry in the Canadian Forces Chaplain Service shall be recognized as serving in a special, and in some ways, unique area of ministry and administration.
(2) A chaplain will be retained on the clergy list of his home diocese as "On Leave to the Canadian Forces Chaplain Service".
(3) A letter of Transfer will be issued by the Bishop of his home diocese to the Bishop Ordinary to the Forces as follows:
"I hereby certify that the Rev. A.B., having with my consent accepted a commission as a Chaplain in Her Majesty's Canadian Forces is in good standing and I hereby transfer him to your episcopal jurisdiction during his time of service".
(4) The Bishop Ordinary, before issuing a licence for a chaplain to minister in the Armed Forces shall require from him "the usual oaths and subscriptions, and declaration of submission to the Canons of General Synod and those of the Provincial and Diocesan Synods where he may from time to time be stationed. (Canon XVIII)
(5) Bishops and chaplains are urged to maintain as fully as possible a link of communication and concern between the chaplain and his home diocese.
(The intention is the same as in the policy adopted by the House of Bishops in 1963 with respect to overseas missionaries (1963 Minutes, p. 6) "That continuing identification be established between his Canadian diocese and the overseas missionary priest during his period of overseas service and on his return to Canada:".)
(6) Chaplains are to be encouraged to contact the bishop in whose diocese they may serve from time to time. Bishops are encouraged to incorporate such chaplains into the clerical fellowship of the diocese in such ways as may be possible, i.e. Deanery Clericus, etc. The Bishop Ordinary shall notify diocesan bishops of the appointment of chaplains to serve in Canadian Forces formations located within their dioceses, and also when they are posted away from such formations.
(7) On the completion of his period of service on the Armed Forces the chaplain shall be given assistance a may be possible by the Bishop Ordinary in finding an opportunity to continue his ministry in a suitable appointment. At that time if the chaplain receives an appointment in a diocese the Bishop Ordinary shall issue a Letter of Transfer to the Diocesan Bishop from whom the original Letter of Transfer was received.
(8) On completion of his period of service in the Armed Forces if the chaplain does not receive ecclesiastical appointment his name shall be retained by the Bishop Ordinary on the Clergy List of the Chaplains Service as "retired".
(9) Any diocesan benefits accruing to the chaplain for years of service in his home diocese, including leave of absence for service in "Her Majesty's Armed Forces" will be governed by the Canon of said diocese.