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Amendments to Canon XXI - Impediments of Relationship - Second Reading #045-02-04-03

http://archives.anglican.ca/en/permalink/official8868
Date
2004 March 4-7
Source
Council of General Synod. Minutes
Record Type
Resolution 28-03-04
Date
2004 March 4-7
Source
Council of General Synod. Minutes
Record Type
Resolution 28-03-04
Mover
Chancellor Ronald Stevenson
Seconder
Rev. Alan Perry
Text
That the Council approve for submission to the General Synod, for second reading, a motion to amend Canon XXI with respect to Impediments of Relationship in the form attached to this report. CARRIED #28-03-04
Notes
Note: Amendment to Canon XXI - Impediments of Relationship was distributed as Document #045-03-04-03 and is attached as Appendix H.
APPENDIX H
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 section 3 of Part I and substituting therefor the following:
3. Impediments of Relationship
a) Notwithstanding the Table of Kindred and Affinity contained in the book of Common Prayer (1962), when making the inquiries directed in section 2 the minister shall, with respect to impediments of relationship, be guided by the "Marriage (Prohibited Degrees) Act", as it was in force on June 1, 2004, which prohibits marriages between persons who are related
i) lineally by consanguinity or adoption,
ii) as brother and sister by consanguinity, whether by the whole blood or the half-blood, or
iii) as brother and sister by adoption.
b) In addition to marriages prohibited by law, no person may marry another person if they both live, or have previously lived, in the same household and one of them is or has been treated by the other as a child or parent.
(2) by striking out clause 17 a) ii) of Part III and substituting therefor the following:
ii) they are related to each other
iii) as brother and sister by adoption;
(3) by renumbering clause 17 a) iii) of Part III to be clause 17 a) iv) and by inserting a new clause 17 a) iii) as follows:
iii) they both live, or have previously lived, in the same household and one of them is or has been treated by the other as a child or parent; or
EXPLANATORY NOTE/BACKGROUND INFORMATION
The background for this resolution is found in the report of the Marriage Canon Task Force, particularly at pages 17 to 21. Clause 3 b) is based on an amendment made to the resolution when it was given first reading by the General Synod in 2001. The proposed clause 17 a) iii) makes Part III consistent with that amendment.
Source: Act 21 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
Consanguinity (Canon law) - Anglican Church of Canada
Marriage law - Canada
Common law marriage - 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

http://archives.anglican.ca/en/permalink/official7172
Date
1998 May 21-29
Source
General Synod Minutes
Record Type
Act 18
Date
1998 May 21-29
Source
General Synod Minutes
Record Type
Act 18
Mover
Canon P. Davison
Seconder
Bishop D. Wallace
Text
That first reading be given to the Resolution:
That paragraphs (c) and (d) of Section 33 of Canon XXI be amended to read:
c) On receipt of an application mentioned in b) from a person who is residing in Canada in a diocese in which there is a Commission, the chaplain shall forward the application to the bishop of the diocese in which the applicant is resident.
d) If the applicant is serving or residing outside Canada or in a diocese in which there is no Commission, the chaplain shall forward the application to the Bishop Ordinary of the Canadian Forces for action.
That a new section 34 be added to Canon XXI as follows:
34. Diocesan Option
a) Notwithstanding anything in this Canon, the synod of a diocese or the Chapter of the Ordinariate of the Canadian Forces may, with the concurrence of the diocesan bishop, adopt a canon declaring that the requirement in section 27 a) of this Canon does not apply to the diocese, or the Ordinariate of the Canadian Forces.
b) In a diocese whose synod has adopted such a declaration:
i. applications for declarations of marital status under Part III shall be made to and determined by the diocesan chancellor, and
ii. applications for permission to remarry under Part IV shall be made to and decided by the incumbent of the parish or mission where it is desired that the intended marriage be celebrated. DEFEATED Act 18
Notes
N.B. This resolution was DEFEATED but still included as an Act.
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Matrimonial Commissions - Anglican Church of Canada
Marriage (Canon law) - Anglican Church of Canada
Less detail

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

http://archives.anglican.ca/en/permalink/official8031
Date
2001 July 4-11
Source
General Synod. Minutes
Record Type
Act 60
Date
2001 July 4-11
Source
General Synod. Minutes
Record Type
Act 60
Mover
Bishop Barry Hollowell
Seconder
Chancellor Ronald Stevenson
Text
That first reading be given to the resolution
That Canon XXI be amended by deleting Part V - Admission to Holy Communion in Special Cases. CARRIED Act 60
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Marriage (Canon law) - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Lord's Supper - Admission to - Anglican Church of Canada
Less detail

Amendment to Canon XXI - On Marriage in the Church - Impediments of Relationships

http://archives.anglican.ca/en/permalink/official7990
Date
2001 July 4-11
Source
General Synod. Minutes
Record Type
Act 21
Date
2001 July 4-11
Source
General Synod. Minutes
Record Type
Act 21
Mover
Rev. Jamie Howison
Seconder
Archdeacon Donna Ball
Prologue
Debate resumed on:
Text
Amendment
That Section 3, Subsection b) be preceded by the words "Notwithstanding the above" and that the words "marriage between them shall be prohibited" shall replace the words "the minister must be satisfied that the parties consent to the marriage free from any duress, undue influence or coercion, past or present."
Amendment to the amendment
The mover and seconder agreed to amend Section 3, Subsection b) by adding the words "or live" after the word "lived"
The amendment was then put and - CARRIED
The amended resolution now reads:
That first reading be given to the resolution
That Canon XXI be amended:
(1) by striking out section 3 of Part I and substituting therefor the following:
3. Impediments of Relationship
a) Notwithstanding the Table of Kindred and Affinity contained in The Book of Common Prayer (1962), when making the inquiries directed in section 2 the minister shall, with respect to impediments of relationship, be guided by the `Marriage (Prohibited Degrees) Act' which prohibits marriages between persons who are related
i) lineally by consanguinity or adoption,
ii) as brother and sister by consanguinity, whether by the whole blood or the half-blood, or
iii) as brother and sister by adoption.
b) Notwithstanding the above, where the parties to the intended marriage have previously lived or live in the same household and one party has been treated by the other as a child or parent, marriage between them shall be prohibited.
(2) by striking out clause 17 a) ii) of Part III and substituting therefor the following:
ii) they are related to each other
The amended resolution was then put and -
CARRIED IN ALL ORDERS Act 21
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Marriage (Canon law) - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Consanguinity (Canon law) - Anglican Church of Canada
Marriage law - Canada
Common law marriage - Religious aspects - Anglican Church of Canada
Less detail

Amendment to Canon XXI - On Marriage in the Church - Impediments of Relationship - Second Reading

http://archives.anglican.ca/en/permalink/official8973
Date
2004 May 28 - June 4
Source
General Synod. Minutes
Record Type
Act 71
Date
2004 May 28 - June 4
Source
General Synod. Minutes
Record Type
Act 71
Mover
Chancellor Ronald Stevenson
Seconder
Bishop Barry Hollowell
Text
That second reading be given to the resolution
That Canon XXI be amended:
(1) by striking out section 3 of Part I and substituting therefor the following:
3. Impediments of Relationship
a) Notwithstanding the Table of Kindred and Affinity contained in the Book of common Prayer (1962), when making the inquiries directed in section 2 the minister shall, with respect to impediments of relationship, be guided by the "Marriage (Prohibited Degrees) Act", as it was in force on June 1, 2004, which prohibits marriages between persons who are related
i) lineally by consanguinity or adoption ,
ii) as brother and sister by consanguinity, whether by the whole blood or the half-blood, or
iii) as brother and sister by adoption.
b) In addition to marriages prohibited by law, no person may marry another person if they both live, or have previously lived, in the same household and one of them is or has been treated by the other as a child or parent.
(2) by striking out clause 17 a) ii) of Part III and substituting therefor the following:
ii) they are related to each other
i) lineally by consanguinity or adoption,
iii) as brother and sister by adoption;
(3) by renumbering clause 17 a) iii) of Part III to be clause 17 a) iv) and by inserting a new clause 17 a) iii) as follows:
iii) they both live, or have previously lived, in the same household and one of them is or has been treated by the other as a child or parent; or
CARRIED IN ALL ORDERS Act 71
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Marriage (Canon law) - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Consanguinity (Canon law) - Anglican Church of Canada
Marriage law - Canada
Common law marriage - Religious aspects - Anglican Church of Canada
Less detail

Amendment to Canon XXI - On Marriage in the Church - Place of Marriage

http://archives.anglican.ca/en/permalink/official7988
Date
2001 July 4-11
Source
General Synod. Minutes
Record Type
Act 19
Date
2001 July 4-11
Source
General Synod. Minutes
Record Type
Act 19
Mover
Chancellor Ronald Stevenson
Seconder
Bishop Barry Hollowell
Text
That first reading be given to the resolution
That Section 12 in Part II of Canon XXI be repealed and the following substituted therefor:
12. Place of Marriage
a) Marriage is a public act and shall be solemnized in the face of the community and of the friends and neighbours of the couple.
b) Every marriage shall be solemnized in the presence of at least two witnesses in addition to the officiating minister.
c) The body of the church is the appropriate place for the solemnization of a marriage but a marriage may be solemnized in another location if the incumbent is satisfied that the solemnity of the occasion will be preserved and that the service will be conducted with dignity in godly and decent order.
A correction was noted to the printed copy: insert "after consultation with the bishop" after "incumbent" in Section 12 c).
Amendment
The mover and seconder agreed to add the words "and public nature" after the word solemnity in Section 12 c).
The amended resolution was then put and -
CARRIED IN ALL ORDERS Act 19
Notes
The Prolocutor confirmed that the motion had carried and would be referred to diocesan synods for consideration and return to General Synod 2004 for second reading.
Note: The amended resolution - Amendment to Canon XXI - On Marriage in the Church - Place of Marriage now reads:
That first reading be given to the resolution
That Section 12 in Part II of Canon XXI be repealed and the following substituted therefor:
12. Place of Marriage
a) Marriage is a public act and shall be solemnized in the face of the community and of the friends and neighbours of the couple.
b) Every marriage shall be solemnized in the presence of at least two witnesses in addition to the officiating minister.
c) The body of the church is the appropriate place for the solemnization of a marriage but a marriage may be solemnized in another location if the incumbent, after consultation with the bishop, is satisfied that the solemnity and public nature of the occasion will be preserved and that the service will be conducted with dignity in godly and decent order.
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Marriage (Canon law) - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Marriage service - Anglican Church of Canada
Marriage service - Location
Less detail

Amendment to Canon XXI - On Marriage in the Church - Place of Marriage - Second Reading

http://archives.anglican.ca/en/permalink/official8915
Date
2004 May 28 - June 4
Source
General Synod. Minutes
Record Type
Act 18
Date
2004 May 28 - June 4
Source
General Synod. Minutes
Record Type
Act 18
Mover
Chancellor Ronald Stevenson
Seconder
Bishop Barry Hollowell
Text
That second reading be given to the resolution
That Section 12 in Part II of Canon XXI be repealed and the following substituted therefor:
12. Place of Marriage
- a) Marriage is a public act and shall be solemnized in the face of the community and of the friends and neighbours of the couple.
- b) Every marriage shall be solemnized in the presence of at least two witnesses in addition to the officiating minister.
- c) The body of the church is the appropriate place for the solemnization of a marriage but a marriage may be solemnized in another location if the incumbent, after consultation with the bishop, is satisfied that the solemnity and public nature of the occasion will be preserved and that the service will be conducted with dignity in godly and decent order. CARRIED IN ALL ORDERS Act 18
Subjects
Anglican Church of Canada. General Synod. Constitution. Canon XXI
Marriage (Canon law) - Anglican Church of Canada
Marriage - Religious aspects - Anglican Church of Canada
Marriage service - Anglican Church of Canada
Marriage service - Location
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
Less detail

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