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36. Marriage and Related Matters Sub-Committee Report

http://archives.anglican.ca/en/permalink/official2896
Date
1977 May 3-6
Source
National Executive Council. Minutes
Record Type
Resolution
Date
1977 May 3-6
Source
National Executive Council. Minutes
Record Type
Resolution
Mover
Bothwell
Seconder
Landon
Prologue
Bishop Bothwell introduced the paper on Theological Response and commended it to the Council for study.
Text
That this paper be received. CARRIED
Notes
[Text of four page paper: THEOLOGICAL RESPONSE to the Working Paper #13, Law Reform Commission.
The recommendations of Working Paper #13 of the Law Reform Commission, "Divorce", suggest that the civil law should take further steps towards what is commonly called "easier divorce". We, as Anglican Christians support the recommendations, in spite of the fact that our support contradicts the traditional habit of Anglicanism and of the Christian Church which has been to keep very strict rules against the dissolution of marriage. The present Anglican rules, as formulated in Canon 21, also contradict the tradition as expressed in the third rubric currently printed on page 563 of the Book of Common Prayer. We are giving this support, not to give in to a secular and permissive spirit of the age, nor because of a relaxation of the moral sense, but for reasons soundly based on Christian faith.
When the Anglican Church of Canada changed its Canon on Marriage to permit re-marriage of divorced persons, under certain circumstances, it acted in response to a strong demand from clergy and laity that the Church should be equipped to recognize marriage breakdown as fact, and to minister to those who had experienced marriage breakdown and divorce. In providing machinery, the Church did not set up ecclesiastical courts to assess right and wrong or to attribute blame, but rather commissions to assess whether a couple, one or both of whom had been divorced, were really intending Christian and life-long partnership in this new marriage. It is natural then, that the Church should welcome changes in the civil law which move divorce proceedings largely out of an adversarial posture in the courts.
Those who cannot accept the Church's position that divorced persons can and should in some circumstances, be given permission to remarry, argue that it is inconsistent for the Church to demand vows of life-long marriage, and then permit exceptions. They say that if we admit that it is possible for a marriage to be dissolved, then we are no longer setting for the world the ideal of the indissolubility of marriage. This is so. But the chief charge given to the Church by its Founder was not to defend the indissolubility of marriage; rather, it was, within the ancient framework of the double command to love God and your neighbour, to baptize all nations in the name of God, so freeing mankind from sin, and to practice the breaking of bread and blessing of the cup in communion as a sign and means of reactivating the presence and acts of Jesus. All Christians were to do this, and upon them corporately and their leaders individually was laid the power to "loose" and to "bind", to liberate people from their sins, or to let them remain bound under the power of their sins till they should be ready themselves to practice forgiveness.
The Christian vocation, then, in approaching a revision of either Church rules (Canon law) or civil law, is to bring about reconciliation and forgiveness. The Christian has a further vocation to bring about a confrontation between men and women on the one hand, and God, on the other. Neither of these vocations is enforceable by laws. But there have to be laws in a human society which has not taken up the challenge of redemption; as long as there have to be laws there has to be forgiveness, and vows will be taken which some people because of sin cannot keep, or should not be allowed to keep. The Church has power to loose and to bind in marriage, and what the Church binds through vows the Church may also loose through release from vows.
Marriage has within it an element of the heavenly, of the presence and action of God. So has mankind: both mankind and marriage, its institution, are subject to a fall from grace and can be restored to grace.. Christians who are aware of the pattern of fall and resurrection in their own lives will not have difficulty recognizing that a marriage which has been regarded as indissoluble can in fact, come apart, and be replaced by a new marriage, which in turn, may be regarded as indissoluble. The difficulty is in the "public image" of the Church as the upholder of the "status quo", a role the Church has ever found too easy to conform to. In fact, it is the Church's duty and its Founder's example, to challenge the "status quo" on all sides, demanding that every accepted situation and institution and practice measure up to the Father's will. The Church must therefore positively demand that marriage measure up to the Father's will if it is to remain intact.
The difficulty for the civil law will that it applies to all and opens up to non-Christians and to uncommitted Christians and to all manner of folk, the possibility of monogamous marriage reverting to serial polygamy and polyandry, and the "lowering of standards" in society. But God gave all manner of folk such options when he created us with an innate reflection of His own freedom, and we must not take away what God has given. The freer the circumstances in which marriage can flower, the more terrible may be the picture and possibility of its withering; but also, the more wonderful, more divine and more liberating may be its flowering and spiritual fruit.
Such then is an explanation of the theological background against which the Anglican Church of Canada changed its practice of refusing marriage to divorced persons, in order better to conform to the clear call of Jesus Christ that we should seek perfection, and that as the Church we should free people from sin and its causes. So, also, the Sub-Committee on Marriage and Related Matters of the General Synod Committee on Doctrine and Worship endorses the following conclusions of an "ad hoc" group of clergy and laity in the Diocese of Toronto, written after careful examination of Working Paper #23 of the Law Reform Commission.
1) The Anglican Church is supportive of the directions and recommendations of the Law Reform Commission in Working Paper #13, inasmuch as these seek to respond to the fundamental basis for divorce, i.e., marriage breakdown, and seek to move from an adversary to a conciliatory divorce process.
2) We must agree with the Reservation of Claire Barrette-Joncas, Q.C., that marriage is more than a mere contract, and we agree that there is an inevitable tensions between the broadening of divorce laws and the protection of marriage as an institution. We do not see this, however, as a reason for not attempting to grapple with contemporary issues and problems around divorce.
3) We cannot support the observation (p. 33) that "divorce can and should be a simple affair", even in specified instances. Such an approach implies that marriage also is a "simple affair", a position which we cannot support theologically or sociologically.
4) Having stated these reservations very strongly, we are nevertheless anxious to support the Law Reform Commission in its attempts to bring divorce law more into line with the realities of human experience, and to more [sic i.e. move] the divorce process out of the arena of debate and acrimony to a more human and conciliatory level.
5) We are particularly supportive of those suggestions that will allow for counselling, for possible reconciliation and for a process that will enable people to treat one another as human beings who still have value, warmth, and love, even in situations where marriage breakdown has irretrievably occurred.
6) The Anglican Church commends the Law Reform Commission for Working Paper #13. Obviously, a great deal of thought and concern, based on experience in the courts, lies behind the Commission's recommendations.]
Subjects
Marriage - Religious aspects - Anglican Church of Canada
Anglican Church of Canada. Marriage and Related Matters Committee
Divorce - Law and legislation - Canada
Divorce - Religious aspects - Anglican Church of Canada
Remarriage - Religious aspects - Anglican Church of Canada
Less detail

Amendments to Canon XXI - Remarriage of Divorced Persons - Matrimonial Commissions - Second Reading

http://archives.anglican.ca/en/permalink/official8869
Date
2004 March 4-7
Source
Council of General Synod. Minutes
Record Type
Resolution 29-03-04
Date
2004 March 4-7
Source
Council of General Synod. Minutes
Record Type
Resolution 29-03-04
Mover
Chancellor Ronald Stevenson
Seconder
Chancellor Robert Falby
Text
That the Council approve for submission to the General Synod, for second reading, a motion to amend Canon XXI with respect to Remarriage of Divorced Persons - Matrimonial Commissions in the form attached to this report. CARRIED #29-03-04
Notes
Note: Amendment to Canon XXI - Remarriage of Divorced Persons - Matrimonial Commissions was distributed as Document #045-03-04-04 and is attached as Appendix I.
APPENDIX I
Subject: Marriage Canon - remarriage of divorced persons - matrimonial commissions
Moved By: Ronald Stevenson (Chancellor)
Seconded By: Bishop Barry Hollowell from the Diocese of Calgary
Note: The mover and the seconder must be members of the General Synod and be present in the House when the resolution is before the synod for debate.
BE IT RESOLVED:
That second reading be given to the resolution
That Canon XXI be amended
(1) by striking out clause 16 b) and substituting therefor the following:
b) "Chancellor" means the chancellor of a diocese;
(2) by striking out the word "Commission" wherever it appears in Part III, in Schedule B or in Schedule D and substituting therefor the word "Chancellor";
(3) by striking out the word "its" in the second line of clause 20 a) and substituting therefor the words "the Chancellor's";
(4) by adding at the end of Part II the following new sections:
22. Procedure
The Chancellor shall follow the procedure set out in the provisions of Schedule D.
23. Avoidance of Delay
The Chancellor shall deal with each application as expeditiously as possible.
24. Limitation of Jurisdiction
Every finding and determination of the Chancellor shall be and shall be expressly stated to be made solely for the purposes of this Canon and not for the purpose of performing any function of a civil court or other civil authority, and shall otherwise be confined to the findings and declaration necessary for disposing of the application in respect of which it is made.
25. Persons Serving in or Attached to the Canadian Forces
a) This section applies to a person who is enrolled in the Canadian Forces who is serving in the regular forces or who is a member of the reserve forces on continuous duty with the regular forces, or a person who in accordance with the "National Defence Act", accompanies the Canadian Forces, and the dependents of all such persons.
b) A person described in clause a) may forward an application under this Part to the Anglican chaplain responsible for his or her pastoral care.
c) On receiving an application the chaplain may forward the application to the Chancellor of the diocese in which the applicant resides or to the Bishop Ordinary to the Canadian Forces who shall designate a diocesan chancellor to hear the application.
d) Nothing in this section prevents a person from making an application in the manner prescribed by this Part.
(5) by repealing Part IV (Sections 22 to 25) of the Canon and substituting the following:
PART IV
THE REMARRIAGE OF A DIVORCED PERSON WHOSE FORMER PARTNER IS STILL LIVING
26. Definition
In this Part "incumbent" includes an Anglican chaplain responsible for the pastoral care of persons enrolled in the Canadian Forces.
27. Application for Permission to Remarry
a) An application for permission to marry each other according to the rites of this Church may be made by two persons, one or both of whom has or have gone through a ceremony or ceremonies of marriage with a person or persons now living not a party or parties to the application, if the prior marriage or marriages is or are not questioned under this Canon in the application but has or have been dissolved or terminated by a legislature or legislatures or a court or courts or by another act or acts or event or events according to the laws applicable thereto.
b) Where a marriage or purported marriage has been annulled for a defect not mentioned in section 17 of Part III of this Canon, and no defect mentioned in that section is alleged in respect thereof, it shall be deemed for the purposes of this Canon to have been dissolved.
c) The application shall be made to and determined by the incumbent of the parish or mission where it is desired that the intended marriage be celebrated.
d) The incumbent may request other competent persons who are readily accessible to one or both of the parties to interview the parties and report to the incumbent where
i) both parties to the intended marriage reside a significant distance from the proposed place of marriage,
ii) the parties live a significant distance from each other, or
iii) other circumstances require it.
e) The application shall be made in writing and signed by the applicants and shall contain the information required by Schedule C.
f) The incumbent shall ensure, where needed and possible, that appropriate pastoral care is provided to former partners who are not applicants.
28. Permission to Remarry
The incumbent may grant permission to remarry if the incumbent is satisfied that:
a) the applicants understand the nature of Christian marriage as stated in this Canon and intend to enter into such a marriage and believe that they have the capacity to enter into and sustain the marriage during their joint lives;
b) any prior marriage in question has been validly dissolved or terminated in accordance with the law properly applicable thereto;
c) the applicant concerned tried in good faith before dissolution to effect reconciliation with the other party;
d) adequate provision has been made for a former spouse of a divorced applicant according to the means of the applicant and the means and needs of the former spouse;
e) proper provision has been made for the care, maintenance, education and advancement of minor, disabled or otherwise dependent children of any prior marriage;
f) if the children of a prior marriage are to live with the applicants, there is a reasonable prospect that the family relationship will be satisfactory.
29. Special Cases
a) If the incumbent is satisfied that efforts towards reconciliation between the parties to a former marriage would have been ineffective as a result of the fault of either party or for any other reason, the requirement of clause 28 c) may be dispensed with.
b) If either applicant has entered into two or more marriages that have been dissolved, the incumbent may, before granting permission, seek the advice of other competent persons.
c) If the incumbent is of the opinion that a prior purported marriage of an applicant did not constitute a marriage as defined by this Canon, the incumbent may refer the application to the Chancellor who may, if the conditions of Part III, section 20, are satisfied, make a declaration under that section in respect of the marriage in question.
d) If an incumbent declines for reasons of conscience to entertain an application for permission to remarry, the incumbent shall refer the applicants to a priest designated by the bishop and, if that priest grants the application, shall permit that priest or another priest to solemnize the marriage in the incumbent's church.
e) If an incumbent declines for reasons of conscience to solemnize a marriage pursuant to permission given under this Part, the incumbent shall refer the applicants to a priest designated by the bishop and shall permit that priest or another priest to solemnize the marriage in the incumbent's church.
(6) by repealing Part VI (Ecclesiastical Matrimonial Commission) and Part VII (Forms) and substituting the following new Part V:
Part V
FORMS
30. Forms for use in the administration of this Canon may be authorized by the Council of the General Synod, by the diocesan bishop or by the Bishop Ordinary to the Canadian Forces.
(7) by striking out Section 14 or Schedule B and substituting therefor the following:
14. If one or both of the applicants do not reside in the parish, the procedure outlined in Section 27 d) may apply.
(8) by striking out the reference "See Part IV, Section 22 (c) "at the beginning of Schedule C and substituting therefor "See Part IV, Section 27 (e)."
(9) by striking out the reference "See Part VI, Section 30" at the beginning of Schedule D and substituting therefor "See Part III, Section 22."
(10) by striking out section 6 in Schedule D.
(11) by striking out paragraph 8 of Schedule E and substituting the following:
8. If either party has been previously married or has cohabited in a common law or "de facto" marriage, it is important that there be specific discussions about the past relationships, the reasons for the breakdown of any past relationships, the effect of any continuing obligations, financial or otherwise, to a former partner or children of a previous marriage or relationship, potential problems related to access to or custody of such children, and the potential integration of such children into a new family unit.
EXPLANATORY NOTE/BACKGROUND INFORMATION;
The background for this resolution is found in the report of the Marriage Canon Task Force. particularly at pages 12 to 16.
Source: Act 13 of General Synod 2001
(name of committee, diocese, etc.)
Submitted by: The Chancellor
Please submit to the General Secretary
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Marriage (Canon law) - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Matrimonial Commissions - Anglican Church of Canada
Remarriage - Religious aspects - Anglican Church of Canada
Divorce - Religious aspects - Anglican Church of Canada
Less detail

Amendment to Canon XXI - On Marriage in the Church - Admission to Holy Communion - Second Reading

http://archives.anglican.ca/en/permalink/official8916
Date
2004 May 28 - June 4
Source
General Synod. Minutes
Record Type
Act 19
Date
2004 May 28 - June 4
Source
General Synod. Minutes
Record Type
Act 19
Mover
Chancellor Ronald Stevenson
Seconder
Bishop Barry Hollowell
Text
That second reading be given to the resolution
That Canon XXI be amended by deleting Part V - Admission to Holy Communion in Special Cases. CARRIED IN ALL ORDERS Act 19
Notes
[Text of Part V as per 13th edition (2002) of The Handbook of the General Synod of the Anglican Church of Canada, p. 117:
"V. ADMISSION TO HOLY COMMUNION IN SPECIAL CASES
26. Admission to Holy Communion in Special Cases
In every case where a person who has been remarried, except as provided above in this Canon, whose former and present partners are both living, desires a ruling with respect to admission to Holy Communion, the case shall be referred by the incumbent to the bishop of the diocese for judgment. In arriving at this judgment the bishop shall have due regard for the spiritual welfare of the petitioner as well as the provisions of this Canon. The bishop shall give the judgment in writing to both the incumbent and the petitioner."]
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Lord's Supper - Admission to - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Remarriage - Religious aspects - Anglican Church of Canada
Divorce - Religious aspects - Anglican Church of Canada
Less detail

Amendment to Canon XXI - On Marriage in the Church - Remarriage of Divorced Persons - Matrimonial Commissions - Second Reading

http://archives.anglican.ca/en/permalink/official8963
Date
2004 May 28 - June 4
Source
General Synod. Minutes
Record Type
Act 56
Date
2004 May 28 - June 4
Source
General Synod. Minutes
Record Type
Act 56
Prologue
The amendment, which had been moved by Archdeacon Richard Salt and seconded by Mrs. Betty Livingston, was withdrawn.
The debate resumed on the original motion as amended, the text of which reads --
Text
That second reading be given to the resolution
That Canon XXI be amended
(1) by striking out clause 16 b) and substituting therefor the following:
b) "Chancellor" means the chancellor of a diocese;
(2) by striking out the word "Commission" wherever it appears in Part III, in Schedule B or in Schedule D and substituting therefor the word "Chancellor";
(3) by striking out the word "its" in the second line of clause 20 a) and substituting therefor the words "the Chancellor's";
(4) by adding at the end of Part III the following new sections:
22. Procedure
The Chancellor shall follow the procedure set out in the provisions of Schedule D.
23. Avoidance of Delay
The Chancellor shall deal with each application as expeditiously as possible.
24. Limitation of Jurisdiction
Every finding and determination of the Chancellor shall be and shall be expressly stated to be made solely for the purposes of this Canon and not for the purpose of performing any function of a civil court or other civil authority, and shall otherwise be confined to the findings and declaration necessary for disposing of the application in respect of which it is made.
25. Persons Serving in or Attached to the Canadian Forces
a) This section applies to a person who is enrolled in the Canadian Forces who is serving in the regular forces or who is a member of the reserve forces on continuous duty with the regular forces, or a person who in accordance with the "National Defence Act", accompanies the Canadian Forces, and the dependents of all such persons.
b) A person described in clause a) may forward an application under this Part to the Anglican chaplain responsible for his or her pastoral care.
c) On receiving an application the chaplain may forward the application to the Chancellor of the diocese in which the applicant resides or to the Bishop Ordinary to the Canadian Forces who shall designate a diocesan chancellor to hear the application.
d) Nothing in this section prevents a person from making an application in the manner prescribed by this Part.
(5A) by renumbering sections 22 to 25 in Part IV to be sections 26 to 29;
(5B) by deleting subsection 26 b) (as renumbered) of Part IV and substituting the following:
b) The application shall be made to the incumbent of the parish or mission where it is desired that the intended marriage be celebrated. The incumbent shall investigate the application as thoroughly as possible and forward it together with a report thereon to the Ecclesiastical Matrimonial Commission established under Part VI having jurisdiction in the diocese or, in a diocese where there is no Ecclesiastical Matrimonial Commission, to the diocesan bishop. The bishop may delegate authority to the incumbent or some other person.
(5C) by deleting the word "Commission" wherever it appears in section 27 and in subsections 28 a), 29 a) and 29 b) (as renumbered) and substituting the words "Commission or the diocesan bishop".
(5D) by deleting subsections 28 b) and 28 c) (as renumbered) and substituting the following:
b) On being notified of dismissal of the application, the applicants may, within 30 days after receipt of notice, apply in writing to the Commission or the diocesan bishop for reconsideration of the application. On such reconsideration the applicants may appear personally before the Commission or the diocesan bishop and submit further reasons why the application should be granted or may submit such information and reasons in writing. On such reconsideration the Commission or the diocesan bishop may grant the application or confirm the previous decision. If the Commission or the diocesan bishop confirms the previous decision they shall give reasons in writing which shall be communicated to the applicants through the incumbent.
c) If the application is dismissed and the decision is confirmed by the Commission or the diocesan bishop, or if the applicants do not exercise their rights under subsection b), the application may not be renewed before any Commission or diocesan bishop unless further information is provided.
(5E) by deleting subsection 29 c) (as renumbered) and substituting the following:
c) If the Commission or the diocesan bishop is of the opinion that a prior purported marriage of an applicant did not constitute a marriage as defined by this Canon, the Commission or the diocesan bishop may refer the application to the Chancellor who may, if the conditions of Part III, section 20, are satisfied, make a declaration under that section in respect of the marriage in question.
(5F) by deleting section 29 in Part VI, by renumbering sections 27 and 28 in Part VI to be sections 30 and 31, and by renumbering sections 30 to 33 in Part VI to be sections 32 to 35.
(5G) by deleting subsection 30 a) (as renumbered) and substituting the following:
a) Subject to section 31, there may be in each diocese an Ecclesiastical Matrimonial Commission to deal with applications under Part IV.
(5H) by deleting section 34 (as renumbered) and substituting the following:
34. Limitation of Jurisdiction
Every finding and determination by a Commission or a diocesan bishop shall be expressly stated to be made solely for the purposes of this Canon and not for the purpose of performing any function of a civil court or other civil authority, and shall be confined to granting or refusing permission to remarry.
(51) by deleting section 35 (as renumbered) and substituting the following:
35. Persons Serving in or Attached to the Canadian Forces
b) A person described in clause a) may forward an application under this Part to the Anglican chaplain responsible for his or her pastoral care.
c) On receiving an application the chaplain may forward the application to the Ecclesiastical Matrimonial Commission or to the bishop of the diocese in which the applicant resides or to the Bishop Ordinary to the Canadian Forces.
(6) by deleting Part VII (Forms) and substituting the following:
PART VII
FORMS
30. The Council of the General Synod, a Commission, a diocesan bishop or the Bishop Ordinary to the Canadian Forces may approve forms for use in the administration of this Canon.
(7) by striking out Section 14 of Schedule B and substituting therefor the following:
14. If one or both of the applicants do not reside in the parish, the procedure outlined in section 26 c) may apply.
(8) by striking out the reference "See Part IV, Section 22c) at the beginning of Schedule C and substituting therefor "See Part IV, Section 26 d)".
(9) by striking out the reference "See Part VI, Section 30" at the beginning of Schedule D and substituting therefor "See Part III, Section 22.
(10) by striking out section 6 in Schedule D.
(11) by striking out paragraph 8 of Schedule E and substituting the following:
8. If either party has been previously married or has cohabited in a common law or "de facto" marriage, it is important that there be specific discussions about the past relationships, the reasons for the breakdown of any past relationships, the effect of any continuing obligations, financial or otherwise, to a former partner or children of a previous marriage or relationship, potential problems related to access to or custody of such children, and the potential integration of such children into a new family unit.
The amended motion was then put and CARRIED IN ALL ORDERS Act 56
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Matrimonial Commissions - Anglican Church of Canada
Marriage (Canon law) - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Divorce - Religious aspects - Anglican Church of Canada
Remarriage - Religious aspects - Anglican Church of Canada
Less detail

Amendment to Canon XXI - Remarriage of Divorced Persons - Matrimonial Commissions

http://archives.anglican.ca/en/permalink/official7977
Date
2001 July 4-11
Source
General Synod. Minutes
Record Type
Act 13
Date
2001 July 4-11
Source
General Synod. Minutes
Record Type
Act 13
Mover
Chancellor Ronald Stevenson
Seconder
Bishop Barry Hollowell
Text
That first reading be given to the resolution
That Canon XXI be amended
1) by striking out clause 16 b) and substituting therefor the following:
b) "Chancellor" means the chancellor of a diocese;
2) by striking out the word "Commission" wherever it appears in Part III, in Schedule B or in Schedule D and substituting therefor the word "Chancellor";
3) by striking out the word "its" in the second line of clause 20 a) and substituting therefor the words "the Chancellor's";
4) by adding at the end of Part II the following new sections:
22. Procedure
The Chancellor shall follow the procedure set out in the provisions of Schedule D.
23. Avoidance of Delay
The Chancellor shall deal with each application as expeditiously as possible.
24. Limitation of Jurisdiction
Every finding and determination of the Chancellor shall be and shall be expressly stated to be made solely for the purposes of this Canon and not for the purpose of performing any function of a civil court or other civil authority, and shall otherwise be confined to the findings and declaration necessary for disposing of the application in respect of which it is made.
25. Persons Serving in or Attached to the Canadian Forces
a) This section applies to a person who is enrolled in the Canadian Forces who is serving in the regular forces or who is a member of the reserve forces on continuous duty with the regular forces, or a person who in accordance with the `National Defence Act', accompanies the Canadian Forces, and the dependents of all such persons.
b) A person described in clause a) may forward an application under this Part to the Anglican chaplain responsible for his or her pastoral care.
c) On receiving an application from a person who is residing in Canada, the chaplain shall forward the application to the Chancellor of the diocese in which the applicant resides.
d) If the person is serving or residing outside Canada, the chaplain shall forward the application to the Bishop Ordinary to the Canadian Forces who shall designate a diocesan chancellor to hear the application.
e) Nothing in this section prevents a person from making an application in the manner prescribed by this Part.
5) by repealing Part IV (Sections 22 to 25) of the Canon and substituting the following:
PART IV
THE REMARRIAGE OF A DIVORCED PERSON WHOSE FORMER PARTNER IS STILL LIVING
26. Definition
In this Part "incumbent" includes an Anglican chaplain responsible for the pastoral care of persons enrolled in the Canadian Forces.
27. Application for Permission to Remarry
a) An application for permission to marry each other according to the rites of this Church may be made by two persons, one or both of whom has or have gone through a ceremony or ceremonies of marriage with a person or persons now living not a party or parties to the application, if the prior marriage or marriages is or are not questioned under this Canon in the application but has or have been dissolved or terminated by a legislature or legislatures or a court or courts or by another act or acts or event or events according to the law or laws applicable thereto.
b) Where a marriage or purported marriage has been annulled for a defect not mentioned in section 17 of part III of this Canon, and no defect mentioned in that section is alleged in respect thereof, it shall be deemed for the purposes of this Canon to have been dissolved.
c) The application shall be made to the incumbent of the parish or mission where it is desired that the intended marriage be celebrated.
d) The incumbent may request other competent persons who are readily accessible to one or both of the parties to interview the parties and report to the incumbent where
i) both parties to the intended marriage reside a significant distance from the proposed place of marriage,
ii) the parties live at a significant distance from each other, or
iii) other circumstances require it.
e) The application shall be made in writing and signed by both applicants and shall contain the information required by Schedule C.
f) The incumbent shall ensure, where needed and possible, that appropriate pastoral care is provided to former partners who are not applicants.
28. Permission to Remarry
The incumbent may grant permission to remarry of the incumbent is satisfied that:
a) the applicants understand the nature of Christian marriage as stated in this Canon and intend to enter into such a marriage and believe that they have the capacity to enter into and sustain the marriage during their joint lives;
b) any prior marriage in question has been validly dissolved or terminated in accordance with the law properly applicable thereto;
c) the applicant concerned tried in good faith before dissolution to effect reconciliation with the other party;
d) adequate provision has been made for a former spouse of a divorced applicant according to the means of the applicant and the means and needs of the former spouse;
e) proper provision has been made for the care, maintenance, education and advancement of minor, disabled or otherwise dependent children of any prior marriage;
f) if the children of a prior marriage are to live with the applicants, there is a reasonable prospect that the family relationship will be satisfactory;
29. Special Cases
a) If the incumbent is satisfied that efforts towards reconciliation between the parties to a former marriage would have been ineffective as a result of the fault of either party or for any other reason, the requirement of clause 28 c) may be dispensed with.
b) If either applicant has entered into two or more marriages that have been dissolved, the incumbent may, before granting permission, seek the advice of other competent persons.
c) If the incumbent is of the opinion that a prior purported marriage of an applicant did not constitute a marriage as defined by this Canon, the incumbent may refer the application to the Chancellor who may, if the conditions of Part III, section 20 are satisfied, make a declaration under that section in respect of the marriage in question.
d) If an incumbent declines for reasons of conscience to entertain an application for permission to remarry, the incumbent shall refer the applicants to a priest designated by the bishop, and if that priest grants the application, shall permit that priest or another priest to solemnize the marriage in the incumbent's church. e) If an incumbent declines for reasons of conscience to solemnize a marriage pursuant to permission given under this Part, the incumbent shall refer the applicants to a priest designated by the bishop and shall permit that priest or another priest to solemnize the marriage in the incumbent's church.
6) by renumbering section 26 of the Canon to be section 30.
7) by repealing Part VI (Ecclesiastical Matrimonial Commission);
8) by repealing Part VII and substituting the following:
Part VII
FORMS
31. Forms for use in the administration of this Canon may be authorized by the Council of the General Synod, by the diocesan bishop or by the Bishop Ordinary to the Canadian Forces.
9) by striking out Section 14 of Schedule B and substituting therefor the following
14. If one or both of the applicants do not reside in the parish, the procedure outlined in Section 27 c) may apply.
10) by striking out the reference "See Part IV, Section 22(c)" at the beginning of Schedule C and substituting therefor "See Part IV, Section 27(d)."
11) by striking out the reference "See Part VI, Section 30" at the beginning of Schedule D and substituting therefor "See Part III, Section 22."
12) by striking out section 6 in Schedule D.
13) by striking out paragraph 8 of Schedule E and substituting the following:
8. If either party has been previously married or has cohabited in a common law or `de facto' marriage, it is important that there be specific discussions about the past relationships, the effect of any continuing obligations, financial or otherwise, to a former partner or children of a previous marriage or relationship, potential problems related to access to or custody of such children, and the potential integration of such children into a new family unit.
Amendment
The mover and seconder agreed to amend Section 25 by replacing the word "shall" with "may" in Subsection c); by adding the word "or" between Subsections c) and d); striking out the words "If the applicant is serving or residing outside Canada, the chaplain shall forward the application" in subsection d); by adding the word "and" at the end of Subsection d), thus combining Subsections c) and d); and by renumbering Subsection e) to d).
Six members of Synod requested a vote by orders, in accordance with Section III of the Rules of Order and Procedure.
The amended resolution was put to the Order of Laity and CARRIED
The amended resolution was put to the Order of Clergy and CARRIED
The amended resolution was put to the Order of Bishops and CARRIED Act 13
Notes
The Primate confirmed that the motion had carried and would be referred to diocesan synods for consideration and return to General Synod 2004 for second reading.
Section 25, above now reads:
25. Persons Serving in or Attached to the Canadian Forces
a) This section applies to a person who is enrolled in the Canadian Forces who is serving in the regular forces or who is a member of the reserve forces on continuous duty with the regular forces, or a person who in accordance with the `National Defence Act', accompanies the Canadian Forces, and the dependents of all such persons.
b) A person described in clause a) may forward an application under this Part to the Anglican chaplain responsible for his or her pastoral care.
c) On receiving an application from a person who is residing in Canada, the chaplain may forward the application to the Chancellor of the diocese in which the applicant resides, or to the Bishop Ordinary of the Canadian Forces who shall designate a diocesan chancellor to hear the application, and
d) Nothing in this section prevents a person from making an application in the manner prescribed by this Part.
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Marriage (Canon law) - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Matrimonial Commissions - Anglican Church of Canada
Remarriage - Religious aspects - Anglican Church of Canada
Divorce - Religious aspects - Anglican Church of Canada
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Amendment to Canon XXVII cont.

http://archives.anglican.ca/en/permalink/official3477
Date
1967 August 22-31
Source
General Synod. Minutes
Record Type
Resolution
Date
1967 August 22-31
Source
General Synod. Minutes
Record Type
Resolution
Mover
Bishop of New Westminster
Seconder
Ven. A. Abraham
Text
An amendment to the amendment:
That the words contained in the proposed amendment to Part IV, Section 4 of Canon XXVII following the words "this part" in line 3 hereof be deleted and the following words substituted therefor: "the Bishop shall permit the marriage to be solemnized in a church to be designated by him after consultation with the incumbent in charge."
The amendment thus reads:
"(D) If the incumbent of a parish declines for reasons of conscience to solemnize the marriage of a parishioner in his parish pursuant to permission given under this Part, the Bishop shall permit the marriage to be solemnized in a church to be designated by him after consultation with the incumbent in charge."
The amendment to the amendment was CARRIED in both Houses. Notice of Motion 23(a) as amended was CARRIED in both Houses.
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXVII
Anglican Church of Canada - Clergy
Marriage - Religious aspects - Anglican Church of Canada
Remarriage - Religious aspects - Anglican Church of Canada
Divorce - Religious aspects - Anglican Church of Canada
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Anglican anxieties : a priest thinks about the Church's future (The Oxford Papers)

http://archives.anglican.ca/en/permalink/catalog3299
Author
Henderson, Dean N.
Publication Date
[1998]
Material Type
Book
Location
General Synod Archives
Call Number
BX 5614 H4A5 1998
Author
Henderson, Dean N.
Place
Nanoose Bay BC
Publisher
St. Mary's Church
Publication Date
[1998]
Physical_Description
[v], 19, 20, 21, 20, 21 ; 28 x 21.5 cm.
Material Type
Book
Notes
"[By] The Rev. D.N. Henderson".
Includes bibliographical references.
"The following papers are a collection of [five] essays that were written at the University of Oxford during the author's sabbatical from parochial ministry during the 1996/97 academic year. ... I aspired to understand more precisely the nature of the Anglican Church's propensity to accommodate the values and norms of its wider culture. Along with many other faithful Anglicans, I have been increasingly distressed to witness the Church bow more and more to the modern equivalent of the Roman Caesar". -- Intro.
Contents: Introduction -- Inclusive Language for God : the Impact on the Doctrine of God and Implications for Worship in the Anglican Church of Canada -- Beyond the Debate over Religious Pluralism: Toward Mission in a Plural Society -- Transforming the Family: Social Influences and Theological Responses -- The Church in Conflict: the Pastor as Conflict Manager -- Reconciling Authorities: an Impasse in the ARCIC Dialogue.
Coil bound.
Subjects
Anglican Church of Canada - 20th century
Inclusive language - Anglican Church of Canada
Feminist theology - Anglican Church of Canada
Religious pluralism - Canada
Christianity and other religions - Anglican Church of Canada
Evangelism - Anglican Church of Canada
Family - Canada
Family - Religious aspects - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Divorce - Religious aspects - Anglican Church of Canada
Conflict management - Religious aspects - Anglican Church of Canada
Anglican Church of Canada - Clergy
Anglican-Roman Catholic International Commission (ARCIC)
Authority - Religious aspects - Catholic Church
Authority - Religious aspects - Anglican Communion
Papacy and Christian union
Anglican Communion - Relations - Catholic Church
Call Number
BX 5614 H4A5 1998
Location
General Synod Archives
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Aspects of Constitutional History : The General Synod of the Anglican Church of Canada

http://archives.anglican.ca/en/permalink/catalog2018
Author
Ryan, H.R.S. (H.R. Stuart), 1910-2004
Publication Date
c1993
Material Type
Book
Location
Trinity College (Graham Library)
General Synod Archives
Call Number
BX 5610 R9 1993
Author
Ryan, H.R.S. (H.R. Stuart), 1910-2004
Place
Toronto ON
Publisher
Anglican Book Centre
Publication Date
c1993
Physical_Description
148 p. ; 21.5 x 14 cm.
Material Type
Book
Notes
Originally published as "Journal of the Canadian Church Historical Society" Vol. XXXIV, No. 1, April 1992.
"[By] H.R.S. Ryan".
Includes bibliographical endnotes and index.
Contents: Foreword dated 1992 / H.R.S. Ryan -- Introduction -- Synods and Their Development Prior to 1893 -- Constitutional Structures of the General Synod -- Issues in the Life of the Church -- The Basis of the Jurisdiction of the General Synod -- Notes -- Appendices -- Index -- H.R.S. Ryan [Biographical Information].
Contents of: Synods and Their Development Prior to 1893 section: Pre-Diocesan Period -- Development of Diocesan Synods -- Formation of Provincial Synods -- The Impact of Constitutional Development.
Contents of Constitutional Structures of the General Synod section: Formation of the General Synod -- Development of General Synod Constitution -- The Roles of the General Synod, the Province, and the Diocese -- Constitutional Changes Since 1967 -- The Role of Bishops.
Contents of Issues in the Life of the General Synod section: Remarriage after Divorce -- Church Union -- Internal Structural Change -- The Primacy -- Ordination of Women -- The Book of Alternative Services (BAS).
Contents of The Basis of the Jurisdiction of the General Synod section: A Summary -- The Whole Body -- Looking Forward.
Contents of Appendices: 1: Some Stages in the Progress of Separation of Church and State and Self-Government in British North America -- 2 : Anglican Dioceses in Canada [chart showing the creation date of the diocese (and other important dates)] -- 3: First Letters Patent of the Bishop of Nova Scotia (1787) -- 4: Declaration of the Synod of the Diocese of Ontario.
OTCH has 2 copies. Copy 1 is edition published by Anglican Book Centre. Copy 2 is edition published as Vol. XXXIV, No. 1, April 1992 by Canadian Church Historical Society
Subjects
Anglican Church of Canada. General Synod - History
Anglican Church of Canada - Government
Anglican Church of Canada. House of Bishops - History
Anglican Church of Canada - Structure
Remarriage - Religious aspects - Anglican Church of Canada
Divorce - Religious aspects - Anglican Church of Canada
Christian union - Anglican Church of Canada
Anglican Church of Canada - Relations - United Church of Canada
Anglican Church of Canada. Primate - Office
Ordination of women - Anglican Church of Canada
Anglican Church of Canada. Book of Alternative Services - History
ISBN
1-55126-037-9 (ABC)
ISSN
0008-3208 (CCHS)
Call Number
BX 5610 R9 1993
Copies
2 copies
Location
Trinity College (Graham Library)
General Synod Archives
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Canon XXVII - Marriage and Divorce

http://archives.anglican.ca/en/permalink/official3684
Date
1959 September
Source
General Synod. Minutes
Record Type
[Act 76]
Resolution
Date
1959 September
Source
General Synod. Minutes
Record Type
[Act 76]
Resolution
Mover
Chancellor Soward
Seconder
Deputy Prolocutor
Text
RESOLVED
That clause (3) of Section 4 of Part 2 of Canon XXVII, "Marriage and Divorce," be amended by adding the following words: "or to have obtained the consent of any person whose consent was legally required." (See pp. 67, 99.)
Message L-59
Notes
[Act 76 of 1959 General Synod. See page 87.]
Subjects
Marriage - Religious aspects - Anglican Church of Canada
Divorce - Religious aspects - Anglican Church of Canada
Remarriage - Religious aspects - Anglican Church of Canada
Anglican Church of Canada. General Synod. Constitution. Canon XXVII
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The church and divorce

http://archives.anglican.ca/en/permalink/catalog4642
Author
Winnett, Arthur Robert, 1910-1989
Publication Date
c1968
Material Type
Book : Paper
Location
Trinity College (Graham Library)
Call Number
BX 5149 M3 W4 1968
Author
Winnett, Arthur Robert, 1910-1989
Place
London
Publisher
A.R. Mowbray
Publication Date
c1968
Physical_Description
[xiii], 110 p. ; 21.5 x 13.6 cm.
Material Type
Book : Paper
Notes
"[B]y A.R. Winnett, Ph.D. Vicar of Grayshott, Honorary Canon of Guildford Cathedral and Examining Chaplain to the Bishop of Guildford".
Cover title: The church and divorce : a factual survey.
"First published in 1968". -- verso of t.-p.
Includes bibliographical references and index.
"This book sets out to provide an exact and comprehensive survey of the whole question of divorce and the related problem of the re-marriage of divorced persons; and of the changes and developments in the Church's practice through the years. [The author ...] begins with a historical retrospect of the Church of England's position in this matter, and passes on to recent Anglican developments. He then looks at churches of the Anglican Communion overseas and makes plain their own varying attitudes, with particular reference to the new canons of the Church in Canada. After that, he considers the same questions in an ecumenical context, as they affect other churches. The recent report, `Putting Asunder', is then considered and explained, and he concludes with a thought-provoking chapter on `A Marriage Discipline for the Future'." -- back cover.
Contents: Acknowledgements -- Preface dated Grayshott Vicarage, Hindhead, March 1968 / A.R. Winnett -- Introduction -- The Church of England and Divorce : A Historical Retrospect -- Appendix to Chapter I -- Divorce and Remarriage in Recent Anglican Thought -- Divorce and Remarriage : The Anglican Communion Outside England -- Appendix to Chapter III -- Divorce and Remarriage : The Ecumenical Context -- The Question of Nullity -- The Archbishop's Group and 'Putting Asunder' -- A Marriage Discipline for the Future -- Index.
OTCH Note: Chapter III, Divorce and Remarriage : The Anglican Communion Outside England contains significant section on the Anglican Church of Canada and its resolutions on divorce and remarriage passed at the 1967 General Synod, pp. 41-60.
OTCH copy has broken spine. Pages loose but all present.
Subjects
Marriage - Religious aspects - Church of England
Divorce - Religious aspects - Church of England
Remarriage - Religious aspects - Church of England
Marriage - Annulment (Church of England)
Divorce - Religious aspects - Anglican Communion
Remarriage - Religious aspects - Anglican Communion
Divorce - Religious aspects - Anglican Church of Canada
Remarriage - Religious aspects - Anglican Church of Canada
Putting Asunder
ISBN
264-65566-4
Call Number
BX 5149 M3 W4 1968
Location
Trinity College (Graham Library)
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