Skip header and navigation

Refine By

   MORE

10 records – page 1 of 1.

Amendments to Canons

http://archives.anglican.ca/en/permalink/official4214
Date
1973 May
Source
General Synod. Minutes
Record Type
Act 105
Date
1973 May
Source
General Synod. Minutes
Record Type
Act 105
Mover
Archbishop G.F.C. Jackson
Seconder
Bishop M.L. Goodman
Text
THAT the following words be added to Section 5 of Canon XX:
`In the event of the said bishop or his successor refusing to terminate such relinquishment and reinstate the priest (or deacon), the said priest (or deacon) may appeal to the Metropolitan of the Province who shall take the necessary Canonical action.
CARRIED IN BOTH ORDERS. Act 105
Subjects
Anglican Church of Canada - Clergy - Discipline
Anglican Church of Canada - Clergy - Licensing
Church discipline - Anglican Church of Canada
Anglican Church of Canada. General Synod. Constitution. Canon XX
Less detail

Amendment to Canon X - The Supreme Court of Appeal

http://archives.anglican.ca/en/permalink/official1809
Date
1992 June 18-26
Source
General Synod. Minutes
Record Type
Act 26
Date
1992 June 18-26
Source
General Synod. Minutes
Record Type
Act 26
Mover
Mrs. R. Hamilton
Seconder
Mrs. L. Janze
Text
That on First Reading section 8a) of Canon XX, The Supreme Court of Appeal, be repealed and the following substituted therefor:
a) The Supreme Court, or the National Executive Council when no members of the Supreme Court have been appointed, or, having been appointed are functus officio, may make rules or orders with respect to the appointment and duties of the officers of the Court, the practice and procedure of the Court, including the procedure for the hearing of interlocutory matters and applications for leave to appeal, and all other matters necessary to give effect to the provisions of this Canon. CARRIED in all Orders on First Reading Act 26
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XX
Anglican Church of Canada. Supreme Court of Appeal
Less detail

Canons on Discipline (Canons XVII, XVIII, XIX, XX, XXII)

http://archives.anglican.ca/en/permalink/official6923
Date
1981 November 2-6
Source
House of Bishops. Minutes
Record Type
Resolution 6-11-81
Date
1981 November 2-6
Source
House of Bishops. Minutes
Record Type
Resolution 6-11-81
Prologue
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)
Text
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
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XVII
Anglican Church of Canada. General Synod. Constitution. Canon XVIII
Anglican Church of Canada. General Synod. Constitution. Canon XIX
Anglican Church of Canada. General Synod. Constitution. Canon XX
Anglican Church of Canada. General Synod. Constitution. Canon XXII
Anglican Church of Canada - Clergy - Licensing
Anglican Church of Canada - Clergy - Discipline
Anglican Church of Canada. Supreme Court of Appeal
Ecclesiastical courts - Anglican Church of Canada
Less detail

Metropolitans' Meeting Report - Relinquishment of Ministry

http://archives.anglican.ca/en/permalink/official6947
Date
1980 October 27-31
Source
House of Bishops. Minutes
Record Type
Resolution
Date
1980 October 27-31
Source
House of Bishops. Minutes
Record Type
Resolution
Mover
Bishop Berry
Seconder
Bishop Read
Prologue
It was agreed that Bishop Nock be asked to Chair a Task Force to work on the revision of Canons 17,18,19,20 and 22.
Moved by Bishop Peers, seconded by Archbishop Davis,
That this House of Bishops approves the form entitled "Notice of Relinquishment" (as appended) and authorizes the printing of copies of the form to be sent to every Diocesan Bishop, replacing any other form previously in use.
Notice of Relinquishment
This is a notification that A.B., having been admitted to the office of Priest (or Deacon) in the Anglican Church of Canada, has voluntarily relinquished the exercise of that ministry according to the terms of Canon XX of the General Synod of the Anglican Church of Canada. The date from which this relinquishment is effective is.......
Text
Amendment
That the word "Ministry" be deleted, and the word "Office" be substituted. CARRIED
Moved by Archbishop Garnsworthy, seconded by Bishop Stiff,
That this motion be referred to the Task Force appointed to study this Canon. DEFEATED
After further discussion the motion was put and CARRIED.
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XX
Anglican Church of Canada - Clergy - Licensing
Less detail

Relinquishment and Abandonment of The Ministry

http://archives.anglican.ca/en/permalink/official464
Date
1986 June 14-22
Source
General Synod. Minutes
Record Type
Act 46
Date
1986 June 14-22
Source
General Synod. Minutes
Record Type
Act 46
Mover
Ven. G.R. Huggill
Seconder
Chancellor H.R.S. Ryan
Text
That Canons XIX and XX be rescinded and a new Canon XIX enacted in their place.
CANON XIX
RELINQUISHMENT AND ABANDONMENT OF THE MINISTRY
A. Relinquishment
1. Any priest or deacon wishing to relinquish the exercise of the ordained ministry, may so declare in writing, according to the form prescribed in Schedule A. The form of relinquishment duly signed and witnessed, shall be delivered to the bishop of the diocese in which the said priest or deacon is registered.
2. The bishop, having consulted personally where possible with the priest or deacon, shall communicate in writing to the person so declaring acceptance of the relinquishment.
3. The bishop shall give notice of the relinquishment to the Primate and all diocesan bishops of The Anglican Church of Canada according to the form prescribed in Schedule B.
4. Relinquishment of the exercise of the ordained ministry removes from the priest or deacon the right to exercise that office, including spiritual authority as a minister of Word and Sacraments conferred in ordination. Any license held for which it is an indispensable qualification for such person to have such ministry shall be null and void
5. The bishop or successor in the See may terminate such relinquishment and reinstate the priest or deacon in the exercise of the ordained ministry. Notice thereof shall be communicated to the Primate and all diocesan bishops of The Anglican Church of Canada.
6. If, following consultation and due enquiry, reinstatement is declined, the priest or deacon may appeal to the metropolitan of the ecclesiastical province. The metropolitan shall attempt to mediate between the parties, and, if unsuccessful in resolving the matter shall refer the request to the provincial Court. If the bishop refusing such appeal shall be the metropolitan the appeal shall be made to the other diocesan bishop of the province senior by the rule of the province.
b. Abandonment
1. Any priest or deacon, who has not relinquished the exercise of the ordained ministry and has:
a) abandoned The Anglican Church of Canada either by public renunciation of its doctrine or discipline, or by formal admission into another religious body, or in any other manner;
b) abandoned the practice of the ordained ministry of Word and Sacraments for a period of two years, unless prevented from doing so by illness or other reasonable cause (including retirement);
c) engaged in secular employment without the written consent of the bishop of the diocese where registered to the substantial detriment of the ordained ministry; shall be presumed to have abandoned the exercise of ordained ministry. Notice to this effect shall be sent to the priest or deacon according to the form of declaration prescribed in Schedule C, along with a copy of this canon.
2. a) It shall be the right of the priest or deacon to submit to the bishop within sixty days either:
i) a statutory declaration that the facts alleged in the notice are untrue, or
ii) a retraction of the acts and declarations which constitute a renunciation of the doctrine and discipline of The Anglican Church of Canada, or which led to admission into another religious body, or other act of abandonment, or
iii) an undertaking to cease secular employment
b) The bishop shall then make due enquiry into the matter. If then of the opinion that the circumstances set forth in the notice are true, or that the retraction or undertaking, if any, is unacceptable, the bishop shall affirm in writing that the priest or deacon has abandoned the exercise of the ministry. If the bishop is of the opinion that the circumstances set forth in the notice are not true, or if the retraction or undertaking is acceptable, then the notice of abandonment shall be revoked in writing.
3. Should the priest or deacon not oppose the notice in writing within sixty days from the date thereof, the bishop shall then affirm that the priest or deacon has abandoned the exercise of the ordained ministry and shall notify the person in writing of this decision.
4. The bishop's affirmation of abandonment of the exercise of ordained ministry removes from the priest or deacon the right to exercise the office, including the spiritual authority as a minister of Word and Sacraments conferred in ordination. Any license held for which it is an indispensable qualification for him to have such a ministry shall be null and void.
5. The bishop shall give notice of the abandonment of the exercise of the ordained ministry to all metropolitans and diocesan bishops of The Anglican Church of Canada according to the form prescribed in Schedule D.
6. On application of the priest or deacon the bishop or a successor in the See may restore such priest or deacon to the exercise of the ordained ministry. Notice thereof shall be communicated to all metropolitans and diocesan bishops of The Anglican Church of Canada.
7. A priest or deacon may appeal an affirmation of abandonment of the exercise of the ordained ministry or a refusal of reinstatement to the metropolitan of the ecclesiastical province. The metropolitan shall attempt to mediate between the parties, and, if unsuccessful in resolving the matter, shall refer the request to the provincial Court. If the bishop affirming the abandonment of the ordained ministry shall be the metropolitan the appeal shall be made to the diocesan bishop of the province senior by the rule of the province.
C. BISHOPS
1. The provisions of Parts A and B of this Canon shall also apply to bishops of The Anglican Church of Canada. In such cases the metropolitan of the province in which the bishop resided shall perform the functions assigned by these Sections to the bishop in the case of clergy. In the case of a provincial metropolitan, the Primate shall perform the functions assigned by these Sections to the bishop in the case of clergy. In the case of the Primate, the metropolitan senior by election shall perform the functions assigned by these Sections to the bishop in the case of clergy.
2. The right of appeal defined in Sections A (6) and B (7) of this Canon shall lie in the case of a bishop with the provincial House of Bishops, and in the case of a metropolitan, to the provincial metropolitans not involved in the case.
CANON XIX - SCHEDULE A - Relinquishment of the Exercise of the Ministry
I, ....., having been admitted to the office of bishop/priest/deacon of The Anglican Church of Canada have voluntarily relinquished the exercise of that ministry according to the terms of Canon XIX of the General Synod of The Anglican Church of Canada. Witness.... Signed.... Date...
CANON XIX - SCHEDULE B - Notice of Relinquishment of the Exercise of the Ministry
This is a notification that the ..... , having been admitted to the office of bishop/priest/deacon in The Anglican Church of Canada, has voluntarily relinquished the exercise of that ministry according to the terms of Canon XIX of the General Synod of The Anglican Church of Canada. The date from which this relinquishment is effective is .... . Signed... Date.... .
CANON XIX - SCHEDULE C - Notice of Presumption of Abandonment
To the...... , this is to advise that under the terms of Canon XIX (enclosed) of the General Synod of The Anglican Church of Canada you are presumed to have abandoned the exercise of the ministry to which you were ordained.
This notice is based on the following facts: ..... Date..., Signed.... , Witness..... (Chancellor or Registrar)... , Bishop of......
CANON XIX - SCHEDULE D - Notice of Abandonment
This is a notification that the ... , having been admitted to the office of bishop/priest/deacon in The Anglican Church of Canada, has abandoned the exercise of that ministry according to the terms of Canon XIX of the General Synod of The Anglican Church of Canada. Signed.... Dated.... CARRIED in the Order of Clergy, CARRIED in the Order of Laity, CARRIED in the Order of Bishops by the required majority Act 46
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XIX
Anglican Church of Canada. General Synod. Constitution. Canon XX
Anglican Church of Canada - Bishops
Anglican Church of Canada - Clergy Licensing
Anglican Church of Canada - Clergy - Resignation
Less detail

Repeal and Replace Section 8a) of Canon XX - The Supreme Court of Appeal

http://archives.anglican.ca/en/permalink/official123
Date
1995 June 1-9
Source
General Synod. Minutes
Record Type
Act 20
Date
1995 June 1-9
Source
General Synod. Minutes
Record Type
Act 20
Mover
The Hon. R. Stevenson
Seconder
Chancellor D. Wright
Text
That Second Reading be given to the Resolution:
That Section 8a) of Canon XX, The Supreme Court of Appeal, be repealed and the following substituted therefor:
The Supreme Court, or the National Executive Council when no members of the Supreme Court have been appointed, or, having been appointed are functus officio, may make rules or orders with respect to the appointment and duties of the officers of the Court, including the procedure for the hearing of interlocutory matters and applications for leave to appeal, and all other matters necessary to give effect to the provisions of this Canon. CARRIED Act 20
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XX
Anglican Church of Canada. Supreme Court of Appeal
Less detail

Report of Organization Committee

http://archives.anglican.ca/en/permalink/official271
Date
1983 June
Source
General Synod. Minutes
Record Type
Act 52
Date
1983 June
Source
General Synod. Minutes
Record Type
Act 52
Mover
Chancellor H.R.S. Ryan
Seconder
Rt. Rev. F.F. Nock
Text
"That Canon XVII be repealed and new Canon XX be enacted in its place.
CANON XX - THE SUPREME COURT OF APPEAL
1. Court of Appeal
There shall be a final Court of Appeal for The Anglican Church of Canada, hereinafter referred to as `the Supreme Court', which shall be called The Supreme Court of Appeal for The Anglican Church of Canada.
2. Jurisdiction
a) Subject to the limitations hereinafter prescribed, the Supreme Court shall have jurisdiction to hear and determine any appeal:
i) from the judgment or decision of the bishop of any diocese or the judgment or decision of any diocesan Court, or
i) from the judgment or decision of the Court of any ecclesiastical province.
b) An appeal can be taken to the Supreme Court only:
i) when the decision appealed from relates to doctrine or worship, or
ii) where a bishop has been tried, or
iii) when the validity or interpretation of any provision of the Declaration of Principles or the Constitution or any Canon of the General Synod or the Constitution or any Canon of a provincial Synod or of a diocesan Synod is in question.
c) Except on an appeal where a bishop has been tried, an appeal shall be taken to the Supreme Court only with leave obtained in accordance with the rules of the Supreme Court.
d) The Supreme Court shall have jurisdiction upon a case being stated by, or at the request of:
i) the General Synod, or
ii) any provincial or diocesan Synod, or
iii) the House of Bishops of The Anglican Church of Canada, or of any ecclesiastical province.
iv) a Court of any ecclesiastical province or diocese, to determine the validity or interpretation of any provision of the Declaration of Principles or the Constitution or any Canon of the General Synod or the Constitution or any Canon of a provincial Synod or of a diocesan Synod.
e) There shall be no appeal to the Supreme Court on questions of fact, except on an appeal from a decision given on the trail of a bishop.
f) No appeal shall be permitted for error or defect in form in any proceedings or judgment.
3. The Court
a) The Supreme Court shall be composed of nine members.
b) On an appeal or a case stated from the trial of a bishop, five members shall be bishops holding episcopal office in The Anglican Church of Canada, two shall be members of the clergy of The Anglican Church of Canada and two shall be members of the laity of The Anglican Church of Canada.
c) On an appeal or a case stated from the trial of a priest or deacon, two members shall be bishops holding episcopal office as aforesaid, five shall be members of the clergy as aforesaid, and five shall be members of the laity as aforesaid.
e) In any other proceeding, three members shall be bishops holding episcopal office as aforesaid, three shall be members of the clergy as aforesaid, and three shall be members of the laity as aforesaid.
f) No person who is or has been involved, or has an interest in the case, as a party or witness shall be a member of the Court.
g) The Primate and the provincial metropolitans, or such of them as are not or have not been involved, or do not have an interest in the case, shall appoint in writing, the members of the Court.
h) The Primate and metropolitans making the appointments may appoint themselves as members of the Court.
i) If any member of the Court dies, or declines to act or becomes incapable of doing so, of develops an interest in the case, or if a bishop ceases to hold episcopal office as aforesaid, before the hearing is commenced, his place 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 re-commended.
j) The Primate, if he is a member of the Court, and otherwise the metropolitan senior by election, or if no metropolitan is a member of the Court the bishop senior by consecration shall be the President of the Court.
4. Assessors
a) The Supreme Court shall be advised by at least four assessors chosen for each proceeding as below provided.
i) One assessor shall be the chancellor of the General Synod, unless he is or has been involved in the case, and if he is or has been so involved, the vice-chancellor of the General Synod, if one is in office.
ii) In a proceeding involving a question of doctrine, at least two assessors shall be theologians who are members of The Anglican Church of Canada appointed in the same manner as members of the Court.
iii) The other assessors shall be provincial or diocesan chancellors appointed in the same manner as members of the Court.
b) No assessors shall be chosen who have been involved in the case.
c) If an assessor dies, or declines to act or becomes incapable of doing so, or becomes involved in the case, or is unable to attend a sitting of the Court, a substitute similarly qualified shall be appointed to act at the sitting or during the remainder of the proceedings as may be required.
5. Appellant
Any party to a cause or matter which is appealable to the Supreme Court may appeal.
6. Notice of Appeal
Written notice of appeal from any judgment or decision proposed to be appealed from must be given by the appellant within 60 days from the time of pronouncing such judgment or decision. Such notice shall be given to such persons and in such manner as shall be prescribed by the rules of the Supreme Court.
7. Sittings
The Supreme Court may sit in any diocese at such time and place as the President of the Court may order and direct.
8. Rules
a) The Supreme Court, or a committee of the members thereof, shall from time to time, make all necessary rules or orders with respect to the Officers of the Court and their mode of appointment, the fees to be paid the Officers, the mode in which interlocutory applications shall be heard, the procedure of the Court, and all other matters necessary for the effectual carrying out of the Provisions of this Canon, and in so doing shall be assisted by the Chancellor of the General Synod, and such rules or orders may be altered from time to time by like authority as may be necessary. Until otherwise provided the Rules published as an appendix to this Canon shall continue in effect.
b) The time for taking any proceedings under the provisions of this Canon or the rules of procedure may be extended in such manner as the rules may provide.
9. Frivolous or Vexatious Appeals
The Supreme Court may on summary application dismiss any appeal that is frivolous or vexations or otherwise an obvious abuse of the process of the Court.
10. Judgment
a) Before delivering judgment on a question of doctrine, the Supreme Court shall refer the question to the other bishops listed in Section 3(b) (i)-(iv) of the Declaration of Principles 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.
b) Every appeal shall be heard and disposed of by the Supreme Court within two years from the time the judgment or decision appealed from was pronounced.
c) The Judgment of the Supreme Court shall be final and conclusive in any proceeding in respect of all matters in question in the proceeding." CARRIED Act 52
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XVII
Anglican Church of Canada. General Synod. Constitution. Canon XX
Anglican Church of Canada. Supreme Court of Appeal
Ecclesiastical courts - Anglican Church of Canada
Church discipline - Anglican Church of Canada
Anglican Church of Canada - Clergy - Discipline
Less detail

Report of the Organization Committee

http://archives.anglican.ca/en/permalink/official264
Date
1983 June
Source
General Synod. Minutes
Record Type
Act 48
Date
1983 June
Source
General Synod. Minutes
Record Type
Act 48
Mover
Dr. Betty C. Graham
Seconder
Rt. Rev. F.F. Nock
Text
"That Section 6(g) of the Declaration of Principles be amended by adding the words `licensing and' following the word `governing'." CARRIED Unanimously Act 48
Notes
Section 6(g) of the Declaration of Principles now reads:
`g) The declaration of general principles governing licensing and discipline in the Church.'
Chancellor Ryan noted that the new Canons XVII, XVIII, XIX, and XX would have to be approved by two successive General Synods.
Subjects
Anglican Church of Canada. General Synod. Constitution
Anglican Church of Canada. General Synod. Constitution. Canon XVII
Anglican Church of Canada. General Synod. Constitution. Canon XVIII
Anglican Church of Canada. General Synod. Constitution. Canon XIX
Anglican Church of Canada. General Synod. Constitution. Canon XX
Anglican Church of Canada. General Synod. Declaration of Principles
Anglican Church of Canada - Clergy - Discipline
Anglican Church of Canada - Clergy - Licensing
Church discipline - Anglican Church of Canada
Less detail

Report of the Organization Committee

http://archives.anglican.ca/en/permalink/official268
Date
1983 June
Source
General Synod. Minutes
Record Type
Act 51
Date
1983 June
Source
General Synod. Minutes
Record Type
Act 51
Mover
Chancellor H.R.S. Ryan
Seconder
Rt. Rev. F.F. Nock
Text
"That Canons XIX and XX be repealed and new Canon XIX enacted in their place.
CANON XIX - RELINQUISHMENT AND ABANDONMENT OF THE MINISTRY
A. Relinquishment
1. Any priest or deacon may declare in writing, according to the form prescribed in Schedule A, that he wishes to relinquish the exercise of the ordained ministry. The form of relinquishment duly signed and witnessed, shall be delivered to the bishop of the diocese in which the said priest or deacon is registered.
2. The bishop, having consulted personally where possible with the priest or deacon, shall communicate in writing to the person so declaring his acceptance of the relinquishment.
3. The bishop shall give notice of the relinquishment to the Primate and all diocesan bishops of The Anglican Church of Canada according to the form prescribed in Schedule B.
4. Relinquishment of the exercise of the ordained ministry removes from the priest or deacon the right to exercise that office, including spiritual authority as a minister of Word and Sacraments conferred in ordination. Any license held by him for which it is an indispensable qualification for him to have such ministry shall be null and void.
5. The bishop or his successor in the See may terminate such relinquishment and reinstate the priest or deacon in the exercise of the ordained ministry. Notice thereof shall be communicated to the Primate and all diocesan bishops of The Anglican Church of Canada.
6. If, following consultation and due enquiry, reinstatement is declined the priest or deacon may appeal to the metropolitan of the ecclesiastical province. The metropolitan shall attempt to mediate between the parties, and if he is unsuccessful in resolving the matter, he shall refer the request to the provincial Court. If the bishop refusing such appeal shall be the metropolitan the appeal shall be made to the other diocesan bishop of the province senior by the rule of the province.
B. Abandonment
1. Any priest or deacon, who has not relinquished the exercise of the ordained ministry and has:
a) abandoned the Anglican Church of Canada either by public renunciation of its doctrine or discipline, or by formal admission into another religious body, or in any other manner;
b) abandoned the practice of the ordained ministry of Word and Sacraments for a period of two years, unless prevented from doing so by illness or other reasonable cause (including retirement);
c) engaged in secular employment without the written consent of the bishop of the diocese where he is registered to the substantial detriment of the ordained ministry;
shall be presumed to have abandoned the exercise of his ordained ministry. Notice to this effect shall be sent to the priest or deacon according to the form of declaration prescribed in Schedule C, along with a copy of this canon.
2. a) It shall be the right of the priest or deacon to submit to the bishop within sixty days either:
i) a statutory declaration that the facts alleged in the notice are untrue, or
ii) a retraction of the acts and declarations which constitute a renunciation of the doctrine and discipline of The Anglican Church of Canada, or which led to his admission into another religious body, or other act of abandonment, or
iii) an undertaking to cease secular employment.
b) The bishop shall then make due enquiry into the matter. If he is then of the opinion that the circumstances set forth in the notice are true, he shall affirm in writing that the priest or deacon is of the opinion that the circumstances set forth in the notice are not true, or if the retraction or undertaking is acceptable, then the notice of abandonment shall be revoked in writing.
3. Should the priest or deacon not oppose the notice in writing within sixty days from the date thereof, the bishop shall then affirm that the priest or deacon has abandoned the exercise of the ordained ministry and shall notify him in writing of this decision.
4. The bishop's affirmation of abandonment of the exercise of ordained ministry removes from the priest or deacon the right to exercise the Sacraments conferred in ordination. Any license held by him for which it is an indispensable qualification for him to have such a ministry shall be null and void.
5. The bishop shall give notice of the abandonment of the exercise of the ordained ministry to all metropolitans and diocesan bishops of The Anglican Church of Canada according to the form prescribed in Schedule D.
6. On application of the priest or deacon the bishop or his successor in the See may restore such priest or deacon to the exercise of the ordained ministry. Notice thereof shall be communicated to all metropolitans and diocesan bishops of The Anglican Church of Canada.
7. A priest or deacon may appeal an affirmation of abandonment of the exercise of the ordained ministry or a refusal of reinstatement to the metropolitan of the ecclesiastical province. The metropolitan shall attempt to mediate between the parties, and if he is unsuccessful in resolving the matter, he shall refer the request to the provincial Court. If the bishop affirming the abandonment of the ordained ministry shall be the metropolitan the appeal shall be made to the diocesan bishop of the province senior by the rule of the province.
C. Bishops
1. The provisions of Part A and B of this Canon shall also apply to bishops of The Anglican Church of Canada. In such cases the metropolitan of the province in which the bishop resides shall perform the functions assigned by these Sections to the bishop in the case of clergy. In the case of a provincial metropolitan, the Primate shall perform the functions assigned by these Sections to the bishop in the case of clergy. In the case of the Primate, the metropolitan senior by election shall perform the functions assigned by these Sections to the bishop in the case of clergy.
2. The right of appeal defined in Sections A. 6. and B. 7. of this Canon shall lie in the case of a bishop with the provincial House of Bishops, and in the case of a metropolitan, to the metropolitans not involved in the case.
CANON XIX - SCHEDULE A
Relinquishment of the Exercise of the Ministry
I, ..., having been admitted to the office of priest/deacon of The Anglican Church of Canada have voluntarily relinquished the exercise of that ministry according to the terms of Canon XIX of the General Synod of The Anglican Church of Canada. Witness... Signed... Date...
CANON XIX - SCHEDULE B
Notice of Relinquishment of the Exercise of the Ministry
This is a notification that the Reverend..., having been admitted to the office of priest/deacon in The Anglican Church of Canada, has voluntarily relinquished the exercise of that ministry according to the terms of Canon XIX of the General Synod of The Anglican Church of Canada. The date from which this relinquishment is effective is... .
CANON XIX - SCHEDULE C
Notice of Presumption of Abandonment
To the Reverend..., this is to advise that under the terms of Canon XIX (enclosed) of the General Synod of The Anglican Church of Canada you are presumed to have abandoned the exercise of the ministry to which you were ordained.
This notice is based on the following facts: ................
Date... Signed... Witness.... Bishop of ....
Notice of Abandonment
This is a notification that the Reverend .... having been admitted to the office of priest/deacon in The Anglican Church of Canada, has abandoned the exercise of that ministry. Signed... CARRIED Act 51
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XIX
Anglican Church of Canada. General Synod. Constitution. Canon XX
Anglican Church of Canada - Bishops
Anglican Church of Canada - Clergy
Anglican Church of Canada - Clergy - Discipline
Anglican Church of Canada - Clergy - Licensing
Church discipline - Anglican Church of Canada
Less detail

Supreme Court of Appeal

http://archives.anglican.ca/en/permalink/official465
Date
1986 June 14-22
Source
General Synod. Minutes
Record Type
Act 47
Date
1986 June 14-22
Source
General Synod. Minutes
Record Type
Act 47
Mover
Ven. G.R. Huggill
Seconder
Chancellor H.R.S. Ryan
Text
That Canon XVII be rescinded and a new Canon XX enacted in its place.
CANON XX - THE SUPREME COURT OF APPEAL
1. Court of Appeal
There shall be a final Court of Appeal for The Anglican Church of Canada, hereinafter referred to as "the Supreme Court", which shall be called The Supreme Court of Appeal for The Anglican Church of Canada.
2. Jurisdiction
a) Subject to the limitations hereinafter prescribed, the Supreme Court shall have jurisdiction to hear and determine any appeal:
i) from the judgement or decision of the bishop of any diocese or the judgment or decision of any diocesan Court, or
ii) from the judgement or decision of the Court of any ecclesiastical province.
b) An appeal can be taken to the Supreme Court only:
i) when the decision appealed from relates to doctrine or worship, or
ii) where a bishop has been tried, or
iii) when the validity or interpretation of any provision of the Declaration of Principles or the Constitution or any Canon of the General Synod or the Constitution or any Canon of a provincial Synod or of a diocesan Synod is in question.
c) Except on an appeal where a bishop has been tried, an appeal shall be taken to the Supreme Court only with leave obtained in accordance with the rules of the Supreme Court.
d) The Supreme Court shall have jurisdiction upon a case being stated by, or at the request of:
i) The General Synod, or
ii) any provincial or diocesan Synod, or
iii) the House of Bishops of The Anglican Church of Canada, or of any ecclesiastical province.
iv) a Court of any ecclesiastical province or diocese, to determine the validity or interpretation of any provision of the Declaration of Principles or the Constitution or any Canon of the General Synod or the Constitution or any Canon of a provincial Synod or of a diocesan Synod.
e) There shall be no appeal to the Supreme Court on questions of fact, except on an appeal from a decision given on the trial of a bishop.
f) No appeal shall be permitted for error or defect in form in any proceedings or judgment.
3. The Court
a) The Supreme Court shall be composed of nine members
b) On an appeal or a case stated from the trial of a bishop, five members shall be bishops holding episcopal office in The Anglican Church of Canada, two shall be members of the laity of The Anglican Church of Canada.
c) On an appeal or a case stated from the trial of a priest or deacon, two members shall be bishops holding episcopal office as aforesaid, five shall be members of the clergy as aforesaid, and two shall be members of the laity as aforesaid.
d) On an appeal or a case stated from the trial of a lay person, two members shall be bishops holding episcopal office as aforesaid, two shall be members of the clergy as aforesaid, and five shall be members of the laity as aforesaid.
e) In any other proceeding, three members shall be bishops holding episcopal office as aforesaid, three shall be members of the clergy as aforesaid, and three shall be members of the laity as aforesaid.
f) No person who is or has been involved, or has an interest in, the case, as a party or witness shall be a member of the Court.
g) The Primate and the provincial metropolitans, or such of them as are not or have not been involved, or do not have an interest in the case, shall appoint in writing, the members of the Court.
h) The Primate and metropolitans making the appointments may appoint themselves as members of the Court.
i) 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.
j) The Primate, if a member of the Court, and otherwise the metropolitan senior by election, or, if no metropolitan is a member of the Court the bishop senior by consecration, shall be the President of the Court.
4. Assessors
a) The Supreme Court shall be advised by at least four assessors chosen for each proceeding as below provided.
i) One assessor shall be the chancellor of the General Synod, unless he or she is or has been involved in the case, and if so involved, the vice- chancellor of the General Synod, if one is in office.
ii) In a proceeding involving a question of doctrine, at least two assessors shall be theologians who are members of The Anglican Church of Canada appointed in the same manner as members of the Court.
iii) The other assessors shall be provincial or diocesan chancellors appointed in the same manner as members of the Court.
b) No assessor shall be chosen who has been involved in the case.
c) If an assessor dies, or declines to act or becomes incapable of doing so, or becomes involved in the case, or is unable to attend a sitting of the Court, a substitute similarly qualified shall be appointed to act at the sitting or during the remainder of the proceedings as may be required.
5. Appellant
Any party to a cause or matter which is appealable to the Supreme Court may appeal
6. Notice of Appeal
Written notice of appeal from any judgment or decision proposed to be appealed from must be given by the appellant within 60 days from the time of pronouncing such judgment or decision. Such notice shall be given to such persons and in such manner as shall be prescribed by the rules of the Supreme Court.
7. Sittings
The Supreme Court may sit in any diocese at such time and place as the President of the Court may order and direct.
8. Rules
a) The Supreme Court, or a committee of the members thereof, shall from time to time, make all necessary rules or orders with respect to the Officers of the Court and their mode of appointment, the fees to be paid the Officers, the mode in which interlocutory applications shall be heard, the procedure of the Court, and all other matters necessary for the effectual carrying out of the provisions of this Canon, and in so doing shall be assisted by the Chancellor of the General Synod, and such rules or orders may be altered from time to time by like authority as may be necessary. Until otherwise provided the Rules published as an appendix to this Canon shall continue in effect.
b) The time for taking any proceedings under the provisions of this Canon or the Rules of Procedure may be extended in such manner as the Rules may provide.
9. Frivolous or Vexatious Appeals
The Supreme Court may on summary application dismiss any appeal that is frivolous or vexatious or otherwise an obvious abuse of the process of the Court.
10. Judgment
a) Before delivering judgment on a question of doctrine, the Supreme Court shall refer the question to the other bishops listed in Section 3(b) (i)-(iv) of the Declaration of Principles 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.
b) Every appeal shall be heard and disposed of by the Supreme Court within two years from the time the judgment or decision appealed from was pronounced.
c) The Judgment of the Supreme Court shall be final and conclusive in any proceeding in respect of all matters in question in the proceeding.
Appendix - RULES OF THE SUPREME COURT OF APPEAL - REGISTRAR
1. The Primate shall appoint a Registrar, and, if necessary, an Assistant or Deputy Registrar, to serve as such during the pleasure of the Court with the duties defined in the Canon and these Rules or amendments or additions thereto, and such other duties as may be prescribed from time to time by the Court.
2. Any such appointee shall be a barrister of the Supreme or Superior Court of one of the Provinces of Canada, of not less than ten years standing, and a communicant of this Church.
3. It shall be the duty of the Registrar: a) to keep a correct record of the proceedings on appeal; b) to attend on the hearing of any appeal; c) to have the custody of the seal of the Court; d) to hear and determine interlocutory proceedings provided for under these rules; e) to make all orders as to costs, security for costs, payment into and out of Court, the taxation of costs and the enforcement of decrees in respect of costs; f) to perform such other duties as the Primate or Court may direct.
Notice of Appeal
4. A notice of appeal shall be in accordance with Form A, or to the like effect.
5. The notice shall be served personally or sent by registered post prepaid addressed to the last known place of abode, within the time limited by Section 13 of Canon XX, to all the parties (other than the appellant or appellants) or to their solicitor or solicitors or counsel, to the Registrar of the Supreme Court of Appeal, and to the bishop of the Diocese or the registrar of the diocesan or provincial Court from whose judgment, decree, conviction or sentence an appeal is asserted.
Stay of Proceedings
6. On notice of appeal by an accused person being given and served as provided in the previous rule, from any conviction or sentence, the bishop from whose conviction or sentence the appeal is asserted, shall not proceed to enforce such sentence against the accused until further order of the Supreme Court, which order shall not be made until after the expiration of sixty days from the date of the notice of appeal.
Transmission of Record
7. Upon receipt of the notice of appeal, the bishop or the registrar of the Court appealed from, shall transmit to the registrar of the Supreme Court within thirty days from the receipt of said notice of appeal, a full and correct transcript in duplicate of the record, proceedings, pleadings, evidence, decision, and sentence, if any, duly certified by the said bishop or registrar of the Court appealed from, and the registrar of the Supreme Court shall forthwith transmit one original of such record or special case to the president of the Supreme Court.
Special Case
8. A diocesan or provincial Court may before making any decree, citation or order, with or without the consent of the parties to the suit submit to the Supreme Court any question or questions of law arising in the suit in the form of a special case for the opinion of the Supreme Court.
9. Every such special case shall be divided into paragraphs numbered consecutively and shall state concisely such facts and documents as may be necessary to enable the Supreme Court to decide the question or questions raised thereby.
Time and Place of Hearing
10. The president of the Supreme Court within sixty days of the receipt of the record by him, shall designate the members who shall compose the Court and appoint a time and place with the province and within which the appellant resides for the hearing of this said appeal, and shall advise the chancellor of such time and place and the composition of the Court.
11. At least thirty days prior to the time appointed for hearing of an appeal, written notice of such time and place shall be given by the chancellor to the other members of the Supreme Court, and to the appellant and respondent, and to the bishop and registrar of the Court appealed from.
12. The Supreme Court may fix a time and place for the argument of a special case or of questions submitted to the Court or may refer such questions to a committee of the Court for consideration and report to the president.
Record on Appeal or Reference
13. a) It shall be the duty of the registrar of the Supreme Court to cause to be printed or copied, a sufficient number of copies of the record or special case, together with the notice of appeal, if any, for every member of the Court, the assessors, and counsel representing the parties before the Court.
b) For reasons by him deemed sufficient, the president may dispense with the printing of the record or any portion thereof. Hearing
14. At the time and place appointed, the Court shall be organized and proceed to hear and deliberate upon the appeal, and may hear counsel on behalf of the appellant and respondent, and may adjourn from time to time, and from place to place.
15. If at any time the full number of the Court be not present, those present may adjourn from time to time and from place to place, until the attendance of a full quorum of the Court shall be obtained.
Evidence, Witnesses and Counsel
16. The Supreme Court may permit either party to any appeal to be heard in person or by counsel, provided that every such counsel shall be a member of the bar of a civil Province of Canada and a communicant of this Church.
17. The Court may at any stage of the proceedings on appeal, allow either party to alter or amend his pleadings, as may be necessary for the purpose of determining the real questions in controversy.
18. The Court may summon and examine witnesses viva voce and in open Court, and may for sufficient reason order any particular fact of facts to be proved by statutory declaration or allow the affidavit or statutory declaration of any witness to be read on the hearing of said appeal or any direct any witness to be examined before an examiner or commissioner or the Registrar of the Court or other person authorized by the civil law of the Province to examine witnesses or take statutory declarations.
19. The Court shall be entitled to draw inferences whether of fact or law which might have been drawn therefrom if proved at a trial.
20. The Court may require either party to an appeal to pay such costs as may be determined by the majority of the Court.
Decrees
21. All decrees, citations, orders and other instruments under seal, shall be issued by the Registrar of the Court and shall bear date on the day on which they are respectively issued.
22. The seal of the Court shall bear the device of the seal of the General Synod.
Costs
23. At any time before the hearing of any appeal, the president or registrar may by order direct the payment into Court of such sum as he deems necessary to secure the payment of the necessary expenses of the appeal, including the expense of printing or copying the record of such trial or appeal, the travelling expense of members of the Court, the assessors of the Court and the counsel.
24. If any such order is not complied with within thirty days after the mailing of a copy of said order to the appellant, the appeal shall at the end of said thirty days stand dismissed, and the president may by order confirm the decision or judgment appealed from, and the sentence, if any imposed.
25. All moneys or securities for money deposited with the registrar, shall be forthwith paid over to the Treasurer of the General Synod and deposited in a special account, and out of said moneys and securities for money so received, the Treasurer and chancellor shall pay all expenses and disbursements necessary and incidental to such appeal, and at the conclusion of the appeal shall pay any balance remaining after such payments, to the party who paid such money into Court.
26. The costs and fees of counsel shall be in the discretion of the Court, and if awarded shall be taxed by the Registrar in accordance with the tariff or scale of costs as provided in the Supreme Court of the civil Province in which the Cause of action arose, and if payable by the appellant shall be paid out of the moneys paid into Court after the payment of the disbursements made under these Rules.
Form A - Notice of Appeal - SUPREME COURT OF APPEAL FOR THE ANGLICAN CHURCH OF CANADA
In the Matter of certain proceedings in the ..(..)..Court of (...) wherein ... was Complainant and... was Respondent (sufficiently describing cause as in Court appealed from) I. A.B., hereby appeal from the conviction (sentence or decree) made in the above entitled proceedings and dated the ... day of ... A.D. 19.. to the Supreme Court of Appeal for The Anglican Church of Canada. The grounds of my appeal are: (here set out, numbering or lettering the paragraphs, the several grounds of appeal). On the hearing of this appeal I shall be represented by ..of..as Counsel (or, I intend to present my argument in person). Dated at .. in the Diocese of .. this ..day of...A.D., 19... To ... Address.... (Appellant)
Form B - Declaration
I, A.B. do solemnly and sincerely declare that the evidence which I am about to give shall be the truth, the whole truth and nothing but the truth, and further that I am willing at any time hereafter to make a statutory declaration under the Canada Evidence Act as to the truth of such evidence. CARRIED in the Order of Clergy, CARRIED in the Order of Laity, CARRIED in the Order of Bishops by the required majority Act 47
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XX
Anglican Church of Canada. General Synod. Constitution. Canon XVII
Anglican Church of Canada. Supreme Court of Appeal
Ecclesiastical courts - Anglican Church of Canada
Anglican Church of Canada - Clergy - Discipline
Church discipline - Anglican Church of Canada
Less detail

10 records – page 1 of 1.