Bishop Short reported on behalf of the Task Force which recommended the following as principles for further discussion:
(1) electoral procedures should not be affected by economic considerations
(2) all dioceses should have the same right to elect their bishops
(3) the Province should have a significant role in making nominations in all episcopal elections
(4) the Province should participate in each episcopal election
(5) a Provincial Committee (?) should be in charge of all nominations, which may be submitted from the Church-at-large.
It was pointed out that one of the least defined areas in the Episcopacy is that of Suffragan, and agreed that this requires further study, along with a consideration of more extensive opportunities for the translation of Bishops.
"That this House strike a Task Force to give serious consideration to the matter of episcopal elections in the light of the recommendations presented to the House at the December, 1974, meeting, and that a report of their considerations be presented at the next meeting of the House." CARRIED
"That this House ratifies the appointments of Bishops Goodman, Somerville and Valentine on this Task Force, and that papers prepared by the Task Force on the Role of the Episcopate, and the Role of the House of Bishops be received and considered as an agenda item, and further, that any responses, comments, etc., regarding the papers, be forwarded to the Primate or Archdeacon Light to be passed along to Bishops Somerville, Valentine and Goodman." CARRIED
That this General Synod begin the resolution regarding Canon XVIII - Discipline with the words:
"Subject to the understanding that the Organization Committee in consultation with the House of Bishops and the Doctrine and Worship Committee will prepare an additional section clearly acknowledging the disciplinary authority of the Bishop (this section to be inserted before the section on Diocesan Courts), and also a section describing the disciplinary authority of Metropolitans (to precede the section on Provincial Courts of Appeal):
and that these new sections will attempt to ensure that this Canon does not make a fundamental change in the theology of episcopacy, and that the ministry of a bishop as described in the ordinals of the Anglican Church of Canada remains intact and is not contradicted by the Canon:
and that these new sections be discussed by the General Synod before Second Reading is given to this Canon." CARRIED Act 124
That First Reading be given to the Resolution that Canon XVIII - Discipline - be repealed and replaced by the following; subject to the understanding that the Organization Committee in consultation with the House of Bishops and the Doctrine and Worship Committee will prepare an additional section clearly acknowledging that disciplinary authority of the Bishop (this section to be inserted before the section on Diocesan Courts), and also a section describing the disciplinary authority of Metropolitans (to precede the section on Provincial Courts of Appeal);
and that these new sections will attempt to ensure that this Canon does not make a fundamental change in the theology of episcopacy and that the ministry of a bishop as described in the ordinals of the Anglican Church of Canada remains intact and is not contradicted by the Canon;
and that these new sections be discussed by the General Synod before Second Reading is given to this Canon;
CANON XVIII - DISCIPLINE - Part I - JURISDICTION
1. The diocesan court of a diocese shall have jurisdiction with respect to the discipline of:
a) priests and deacons who carry out their ministry in the diocese and who are registered on the register of the diocese, for any ecclesiastical offence, wherever committed;
b) subject to section 15, priests and deacons of the Anglican Church of Canada not registered on the register of the diocese, in respect of any ecclesiastical offence committed in the diocese; and
c) lay persons who have been appointed, elected or commissioned to an office, appointment, or responsibility in a parish of the diocese or the diocesan synod, for any ecclesiastical offence which they may commit in the diocese;
d) lay persons who have been appointed, elected or commissioned to an office, appointment or responsibility in a provincial synod, or the General Synod, for any ecclesiastical offence which they may commit in the diocese;
e) priest, deacons and lay persons of any other diocese when a direction is made pursuant to section 16 of this Canon.
Provincial Courts of Appeal
2. The provincial court of appeal of a province shall have jurisdiction with respect to the discipline of:
a) the bishops of the province;
b) the bishops residing in the province who are not bishops of any other province; and
c) the bishops of any other province of the Anglican Church of Canada when a direction is made pursuant to section 16 of this Canon,
for any ecclesiastical offence which they may commit.
Supreme Court of Appeal of the Anglican Church of Canada
3. The Supreme Court of Appeal of the General Synod shall have jurisdiction with respect to the discipline of:
a) the Primate, and
b) the Bishop Ordinary,
Part II - ECCLESIASTICAL OFFENCES
4. All persons who are subject to jurisdiction as defined in Part I shall be liable to discipline for any of the following offences;
a) crime or immorality;
b) disobedience to the bishop to whom such person has sworn obedience;
c) violation of any lawful constitution or canon of the Church whether of a diocese, province or the General Synod by which the person is bound;
d) willful or habitual neglect of the exercise of the ministry of the person without cause;
e) willful or habitual neglect of the duties of any office or position of trust to which the person has been appointed or elected;
f) teaching or advocating doctrines contrary to those accepted by The Anglican Church of Canada; or
g) contemptuous or disrespectful conduct towards a bishop of a diocese in matters pertaining to the administration of the affairs of the diocese or parish.
Part III - PENALTIES FOR ECCLESIASTICAL OFFENCES
5. The following penalties may be imposed against a person by the court with jurisdiction over the person when an ecclesiastical offence has been proven in that court against the person:
b) suspension from the exercise of ministry or office;
c) deprivation of office or ministry; or
d) deposition from the exercise of ministry if the person is ordained.
6. Admonition shall be delivered by the bishop or, if the party being disciplined is the bishop, by the president of the court in which the bishop was tried.
7. Admonition may be in public or private as the bishop or president delivering it may determine.
8. a) When the court imposes a penalty of suspension it shall fix the duration of the suspension and may impose such other conditions on the suspension as it considers appropriate.
b) During the term of a suspension, the person suspended from the exercise of ministry or office shall not exercise the function of his or her ministry anywhere in Canada.
c) If a person suspended from the exercise of ministry exercises his or her ministry contrary to s. 8b), or otherwise violates the conditions of the suspension, the court may, after a further hearing, impose the penalty of deprivation of office.
d) During the term of a suspension, the bishop may deprive the suspended person of the whole or part of any stipend, income or emoluments associated with the ministry or office from which the person stands suspended and may authorize the application of the whole or part of such stipend, income or emoluments to the payment of a substitute.
e) During the term of a suspension of a bishop, the president of the court in which the bishop was tried, or the executive council of the synod of the diocese in which the bishop serves may deprive the bishop of the whole or part of any stipend income or emoluments associated with the office of the bishop and may authorize the application of the whole or part of such stipend, income or emoluments to the payments of the person performing the duties of the duties of the bishop during the term of the suspension.
9. a) Upon the penalty of deprivation of office or ministry being pronounced, the connection between the person deprived and his or her parish, mission, congregation, diocese, or office is severed and all revenues to which the person was entitled by virtue of the office or ministry shall wholly cease and determine.
b) A person who has been deprived of office or ministry shall be incapable of holding any office or performing any function in any diocese in the Anglican Church of Canada until restored pursuant to subsections c), d) or e).
c) Any person so deprived shall be and remain deprived until restored by the bishop if the diocese in which the office from which the person was deprived is located.
d) Any person so deprived shall be and remain deprived until restored by the metropolitan of the province of which the deprived bishop's diocese is part.
e) Any archbishop so deprived shall be and remain deprived until restored by the House of Bishops of the province, in the case of a metropolitan, or by the House of Bishops of the Anglican Church of Canada, in the case of the Primate.
f) Restoration pursuant to subsection c), d), or e) may be to any office or ministry in the diocese whether or not it be the specific office from which the person was deprived.
10. The penalty of deposition shall include all of the consequences of deprivation and at the same time will have the same effect as if the person had relinquished the exercise of the ordained ministry pursuant to Canon XIX.
11. a) Where the penalty of suspension is imposed, the court shall cause notice thereof to be given to all the clergy of the diocese and all bishops of the Anglican Church of Canada.
b) Where a penalty of deprivation of office or ministry or of deposition is imposed, the court shall cause notice thereof to be given to all the clergy of the diocese, all bishops of the Anglican Church of Canada and all metropolitans of the Anglican Communion.
Part IV - PRINCIPLES AND GENERAL PROCEDURES TO BE OBSERVED IN DISCIPLINE PROCEEDINGS IN THE ANGLICAN CHURCH OF CANADA
Fundamental Principles of Natural Justice
12. All trials of persons charged with offenses under this Canon shall be conducted according to the principles of natural justice.
13. a) Without limiting the generality of the foregoing section; all persons tried for offenses under this Canon are entitled to be:
i) give full and complete written notice of the charge against them and the particulars of the charge;
ii) presumed innocent until the commission of the offence by them is proved beyond a reasonable doubt;
iii) heard in their own defence;
iv) represented in their defence by counsel of their own choice;
v) presented, accompanied by their counsel, when any evidence or argument concerning the allegations against them is received by the court;
vi) given opportunity to cross-examine, or have their counsel cross-examine, under oath, witnesses who have given evidence against them;
vii) tried by a court composed of persons who are not biased against them; and
viii) tried within a reasonable time.
b) No person tried for an offence under this Canon is required to give evidence in the proceedings.
c) Disciplinary proceedings arising out of the alleged commission of an offence under this Canon shall be commenced within 12 months from the time when the facts giving rise to the charge became known to the informant or otherwise became publicly known, whichever period first expires, and not afterwards.
d) All persons found to have committed an offence under this Canon are entitled to have the penalty imposed against them within 30 days of the date that the court determines that they committed an offence, subject to a stay of the imposition of a penalty in the event of an appeal.
e) No person who has been acquitted of an offence under this Canon may be tried for the same offence a second time.
f) No person who has been found guilty of and punished for an offence under this Canon may be tried or punished for the same offence again.
14. a) If it appears to the bishop that great scandal is likely to arise if a priest, deacon or lay person continues to perform the duties of his or her office while a charge is under investigation or trial and that the person's ministry will be seriously impaired while a charge from performing any of the duties of his or her office, either in the diocese of that bishop or elsewhere, pending such investigation or until the bishop withdraws the inhibition, to until the end of the trial.
b) During such inhibition the person inhibited shall not be deprived of the emoluments associated with the person's office.
c) Where it is alleged that a bishop has committed an ecclesiastical offence, inhibition may be ordered or withdrawn by the metropolitan in consultation with the executive council of the diocese.
d) Where it is alleged that the Bishop Ordinary has committed an ecclesiastical offence, inhibition may be ordered or withdrawn by the Primate in consultation with the Officers of the General Synod.
e) Where it is alleged that the Primate has committed an ecclesiastical offence, inhibition may be ordered or withdrawn by the provincial metropolitans in consultation with the Officers of the General Synod.
Priest or Deacon from another Diocese
15. a) In the event of an offence being alleged against a priest or deacon who is not on the register of the diocese, but who is on the register of another diocese, for an offence alleged to have been committed in the diocese, proceedings with respect to the offence shall not be instituted until notice of the allegation has been given to the bishop of the diocese in which the priest or deacon is registered and the bishop has given consent for proceedings to be instituted by the bishop of the diocese in which the offence is alleged to have been committed.
b) A bishop who receives a notice under subsection a) shall forthwith respond either by consenting or refusing consent to the institution of proceedings in the diocese from which notice was received.
c) Where a bishop consents, proceedings shall be taken in the diocese where the allegation has been made.
d) A bishop who refuses consent shall, within 6 months of receipt of notice pursuant to subsection a) hereof, institute proceedings with respect to the alleged offence in accordance with the canons of the diocese in which the priest or deacon is registered.
Transfer of Jurisdiction
16. a) On the application of a person charged with an offence under this Canon to the president of the court having jurisdiction over that person, that jurisdiction may be transferred to another court, where it appears to the president of the court of which the application is made, that such transfer is necessary to ensure that the fundamental principles of natural justice are respected and where the court to which the transfer is to be made consents to the transfer.
b) Where an application under subsection a) is made to the president of a diocesan court, the transfer may be made to another diocesan court of the same ecclesiastical province.
c) Where an application under subsection a) is made to the president of a provincial court of appeal, the transfer may be made to another provincial court of appeal.
d) Where an application under subsection a) is made to the president of the Supreme Court of Appeal, the transfer may be made to another provincial court of appeal.
d) Where an application under subsection a) is made to the president of the Supreme Court of Appeal, the transfer may be made to a provincial court of appeal.
Part V - RIGHTS OF APPEAL IN DISCIPLINARY PROCEEDINGS
17. An appeal to the provincial court of appeal may be taken from any judgment or order of diocesan court or the president thereof.
18. An appeal to the Supreme Court of Appeal may be taken from a judgment or order of a diocesan court or the president thereof, or a provincial court of appeal or the president thereof, in the circumstances and pursuant to the procedures established by Canon XX.
19. All appeals shall be commenced according to the procedure of the court to which the appeal is to be made within 30 days of the date of pronouncement of the judgment or order appealed from.
20. No limit or restriction on the rights of appeal granted by this Canon, imposed by a bishop or diocesan or provincial synod shall be of any effect. CARRIED ON FIRST READING Act 125
Canadian Anglican bishops have voted to strike a task force to study what the church should do to provide spiritual care for members who dissent from church policies.
The bishops spent a good part of their four-day meeting discussing the situation in the diocese of New Westminster which has authorized the blessing of same-sex unions. A group of Anglicans in the diocese have declared that they cannot accept this and have asked another bishop to assume "Episcopal oversight" of their parishes.
Despite a prohibition by New Westminster Bishop Michael Ingham, Terry Buckle, Bishop of the Yukon, has offered the dissenting parishes this oversight. As a result, Archbishop David Crawley, Metropolitan of British Columbia and Yukon, has begun disciplinary proceedings against Bishop Buckle.
Following is the text of two motions adopted by the House of Bishops meeting in Mississauga, Ont., last week.
"That in response to the 'Statement by the Primates of the Anglican Communion' (October 16, 2003) the Primate be asked to establish a task force of the House of Bishops to draw up terms and conditions for 'adequate provision for Episcopal oversight of dissenting minorities' in the Anglican Church of Canada, to consult through the Primate 'with the Archbishop of Canterbury on behalf of the Primates', and to report to the April 2004 meeting of the House of Bishops."
That this House, to enable the work of the Task Force on Episcopal Oversight for Dissenting Minorities,
1. Request that the Bishop of Yukon refrain from exercising Episcopal ministry in the Diocese of New Westminster;
2. Request that the Metropolitan of British Columbia and Yukon stay proceedings against the Bishop of Yukon;
3. Request that the Bishop of New Westminster seek a stay of proceedings against the priests of his diocese against whom such proceedings have been initiated;
4. That a mediator be appointed by the Task Force to negotiate an interim role for the person exercising Episcopal oversight mutually acceptable to the diocesan Bishop and the dissenting parishes.
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For more information, please contact: Michael Thompson, Principal Secretary to the Primate, 416-924-9199 ext. 277, firstname.lastname@example.org, OR Vianney (Sam) Carriere, Director of Communications, 416-924-9199 ext. 306; 416-540-3653 (Cell); email@example.com
Canadian Anglican bishops meeting this week in Saskatoon, Sask., have unanimously declared the Windsor Report of the Lambeth Commission on unity in the Anglican Communion to be an important document worthy of study by the whole church.
Without dissent, the bishops approved a motion that calls on Canadian Anglicans to respond to the report in time for a meeting of the Primates of the Communion that will be held in Belfast next February .
The bishops also voted unanimously to ask the Canadian Primate, Archbishop Andrew Hutchison, to write a pastoral letter to the Canadian Church asking Anglicans to consider the report and send their responses to him.
The Lambeth Commission was created by Archbishop of Canterbury Rowan Williams more than a year ago to consider how the world-wide Anglican Communion can preserve its unity in the face of controversies around issues such as the ordination of a gay bishop in the United States and the blessing of same-sex unions in a Canadian diocese.
The commission under the chairmanship of Archbishop Robin Eames of Armagh, submitted its report last month. The commission conducted an exhaustive study of Anglican unity and the stresses it faces and made several recommendations including issuing a call for "expressions of regret" on the part of some bishops and churches whose actions have distressed others in the communion. Bishops who have intervened in the affairs of dioceses other than their own are also asked to express regret and refrain from such interventions in the future.
The report also includes a model "covenant" to more closely bind provinces of the Anglican Communion.
Anglican Primates from around the world are to bring their churches' responses to the Belfast meeting, and the Canadian Church has set up a process to gather those responses.
On another matter, the bishops also approved a document entitled "Shared Episcopal Oversight" which provides a model through which parishes and congregations that dissent from a decision on the blessing of same-sex unions made by their dioceses can be placed, temporarily, under the care of a bishop from outside the diocese.
The model described in "Shared Episcopal Oversight" also provides for a process of reconciliation where agreement between certain parishes or congregations and the diocese's bishop cannot be reached. In both cases, the diocesan bishop is involved in the process.
The document says that "shared Episcopal ministry" is based on a spirit of reconciliation, cooperation and good will.
The meeting of Anglican bishops is held twice a year and brings together bishops from each of the Canadian Anglican church's 30 dioceses from across the country.
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For more information, please contact: Vianney (Sam) Carriere, Director of Communications, 416-924-9199 ext. 306; 416-540-3653 (Cell); firstname.lastname@example.org OR Paul Feheley, Principal Secretary to the Primate, 416-924-9199 ext. 277, email@example.com
"Continues: volume , The Anglican episcopate of Canada and Newfoundland by Owsley Robert Rowley. Milwaukee: Morehouse, c1928; volume 2, by A.R. Kelley and D.B. Rogers. Toronto: Anglican Church of Canada, ; volume III, edited by David J. Carter and John W. Carter. Toronto: Anglican Book Centre, 1977". -- CCIP.
"This is the fourth volume in a series providing a historical record of all the bishops in the Anglican Church of Canada. This volume includes a formal photograph and summarizes positions, education, service, ordinations, elections, and appointments of bishops in the Canadian church from 1976 to 2008. Archbishop Peers provides an introduction focusing on highlights of the historical period and an update of volumes one to three. Appendixes list primates and metropolitans, dioceses, and succession of bishops (chronological by volume)." -- back cover.
Contents: Foreword / Fred J. Hiltz, Archbishop and Primate -- Introduction / Michael Geoffrey Peers -- Observations -- Supplement to Volume ii -- Supplement to Volume iii -- Bishops -- Primates -- Metropolitans -- Dioceses of the Anglican Church of Canada -- Succession of Bishops -- Abbreviations -- Index: Bishops -- Index: Dioceses and other Jurisdictions.
That this General Synod warmly welcome the Niagara Report of the Anglican-Lutheran Consultation on Episcope (1987) as an important contribution to the churches' understanding of apostolic ministry, commend the text to dioceses for study and response by December 31, 1991 and request the Inter-Church and Inter-Faith Relations Committee to prepare a study guide to assist in the process of reception. CARRIED WITHOUT DEBATE Act 77
The author, a Lutheran pastor, was involved in Anglican-Lutheran ecumenical cooperation and parish ministry twenty-five years ago. He comments on the current state of Anglican-Lutheran relations and points to the "Evangelical Declaration" adopted by the Evangelical Lutheran Church in Canada in July 1997 which said that "we commit ourselves, as church to share our gifts with the whole people of God beyond our specific denominational and national context".
1. That since that office of Bishop requires the discharge of grave responsibilities, the effects of which extend far beyond the boundaries of a diocese and affect the life and work of the Church as a whole, therefore the confirmation of the election of a bishop should be considered by, and rest with, the House of Bishops of the whole Church. CARRIED in both Houses.