That Canon XVII - Episcopal Jurisdiction Respecting the Clergy - be repealed and replaced with the following:
CANON XVII - THE STRUCTURE OF EPISCOPAL JURISDICTION RESPECTING THE CLERGY AND LICENSING BY BISHOPS
1. In this Canon the term "licence shall mean:
a) a written grant of authority from the bishop of a diocese to a priest or deacon of the diocese permitting the priest or deacon to exercise ordained ministry in the diocese, and
b) a written grant of authority from the Bishop Ordinary to a priest or deacon who is a chaplain holding a commission requiring full-time service in the Canadian Forces permitting the priest or deacon to exercise ordained ministry as a chaplain in the Canadian Forces.
2. Subject to the provisions of this Canon, every priest and deacon of The Anglican Church of Canada shall be subject to the jurisdiction of a diocesan bishop.
3. Each co-adjutor, suffragan, assistant or retired bishop shall be subject to the jurisdiction of the bishop of the diocese in which that bishop resides.
4. Members of the clergy employed at the national office shall be subject to the episcopal jurisdiction of the Primate without prejudice to their synodical status in the diocese from which they are on leave.
5. Bishops, priests or deacons serving outside Canada, under the auspices of The Anglican Church of Canada, shall be subject to the episcopal authority of the diocese in which they serve.
6. A chaplain holding a commission requiring full-time service in the Canadian Forces shall be subject to the episcopal jurisdiction of the Bishop Ordinary to the Canadian Forces.
7. Each diocesan bishop shall keep a register of the bishops, priests and deacons ordained within or for the diocese and those received from other jurisdictions. Such register shall include the following information for each individual:
a) dates and places of ordination as a deacon, priest or bishop and in each case the name of the ordaining bishop or bishops;
b) a record of ecclesiastical appointments;
c) the date of entering the diocese;
d) a notation of any change of canonical status; and
e) a report of any transfer to another ecclesiastical jurisdiction.
8. Names of bishops, priests and deacons who have relinquished or abandoned the exercise of their ministry shall be recorded on a list maintained by the Primate of the Anglican Church of Canada.
9. Subject to section 14, no bishop, priest or deacon shall exercise an ordained ministry without a license from the diocesan bishop issued in accordance with the Canons or other regulations of the province and diocese.
10. A licence may be subject to conditions as to:
a) the parish or other territory in which the ministry may be carried out;
b) its term;
c) the time after which the ministry performed pursuant to it shall be assessed or reviewed;
d) the persons under whose supervision the ministry performed pursuant to it is to be carried out; and
e) any other matter which the bishop may deem appropriate or which the diocesan or provincial canons may require.
11. A licence shall remain in effect during the time that a priest or deacon is on leave from the diocese unless expressly revoked or unless its term expires during the term of the leave.
Licensing by Bishop Ordinary
12. The Bishop Ordinary, on receipt of Letters Testimonial with respect to a bishop, priest or deacon who is a chaplain in the Canadian Forces may issue a license to that bishop, priest or deacon upon the bishop, priest or deacon taking such oaths and subscriptions as the Bishop Ordinary may require, and in accordance with any other procedures the Bishop Ordinary may require.
13. A license issued to a bishop, priest or deacon by the Bishop Ordinary shall permit the bishop, priest, or deacon to exercise ordained ministry to members of the Canadian Forces and their families.
14. A diocesan bishop may give an informal permission to a bishop, priest or deacon not licenced by the diocesan bishop to exercise an ordained ministry within the diocese.
Inhibition of the Unlicenced
15. When a diocesan bishop has reasonable grounds to believe that a bishop, priest or deacon who does not hold a licence or informal permission from the diocesan bishop is officiating or is about to officiate in the diocese contrary to section 9, the diocesan bishop may, by notice in writing such bishop, priest or deacon, inhibit such person from officiating in the diocese.
16. A bishop who issues a notice pursuant to section 15, shall advise all other members of the clergy in the diocese and instruct them not to allow the inhibited bishop, priest or deacon to officiate.
Revocation of Licence
17. A licence may be revoked by the bishop having jurisdiction, for cause, after due inquiry.
Leave of Absence
18. Bishops, priests, and deacons who are engaged in specialized ministries outside the diocese where they are registered, shall be considered to be on leave of absence from that diocese, and subject to the general supervision of the bishop of the diocese in which the specialized ministry is exercised.
Transfers of Episcopal Jurisdiction
19. When a priest or deacon in good standing requests a transfer to another diocese:
a) the bishop of the diocese which the priest or deacon wishes to leave shall forward Letters Bene Decessit to the bishop of the new diocese; and
b) the priest or deacon shall be subject to the episcopal jurisdiction of the aforementioned bishop until the Letters Bene Decessit are accepted and acknowledged by the bishop of the diocese to which the priest or deacon requests to be transferred.
20. When a bishop, priest or deacon undertakes service outside of Canada under the auspices of The Anglican Church of Canada, the Primate and the appropriate diocesan bishop shall give to any such bishop, priest, or deacon letters of commendation or Letters Bene Decessit, as appropriate.
CANON XVII - SCHEDULE A - Letters Testimonial With Respect to A Chaplain in the Canadian Forces
TO: ..., The Bishop Ordinary
I hereby certify that the Reverend..., having with my consent accepted a commission as a chaplain in the Canadian Forces, is a priest in good standing on leave from the Diocese of.. .
I hereby transfer the Reverend. ... to your episcopal jurisdiction.
Signed... Bishop of ...
CANON XVII - SCHEDULE B - Letters Bene Decessit
I hereby certify that ..., who has signified to me a desire to be transferred to the episcopal jurisdiction of the Bishop of the Diocese of ..., is a bishop/priest/deacon in good standing of the Diocese of... .
Witness my Hand and Seal this... day of.. 19.. .
Signed... Bishop of...
CANON XVII - SCHEDULE C - Form of Acceptance of Episcopal Jurisdiction
The Letters Bene Decessit from the Bishop of ... with respect to the transfer to this diocese of.. have been presented to me, and have been accepted.
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
"The Upper House shall consist of the Primate and Bishops of the Anglican Church of Canada (holding Sees therein), or (b) discharging the functions of the episcopate as Coadjutor, Suffragan, Assistant Bishop or Bishop Ordinary to the Armed Forces, or (c) Missionary Bishops appointed by the Church in Canada to any Diocese outside of Canada under the provisions of any Canon of this Synod; and (d) any such Bishops who having resigned their Sees are residing in Canada and are not engaged in any work, other than episcopal; but Bishops who have resigned their jurisdiction shall not have the right to vote in the Upper House." CARRIED in both Houses.
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, email@example.com, OR Vianney (Sam) Carriere, Director of Communications, 416-924-9199 ext. 306; 416-540-3653 (Cell); firstname.lastname@example.org
TORONTO (May 25) -- The Anglican diocese of the Arctic is poised to make Canadian church history next week when it meets in Iqaluit to elect a new suffragan bishop.
To date, three men have been nominated, all of them Inuk. They are Rev. Ben Arreak of Pangnirtung, Canon Abeli Napartuk of Puvirtuq and Rev. Paul Idlout of Cape Dorset. If the diocesan synod, which meets May 27, elects one of them, he will become the first Inuk bishop in the Anglican Church of Canada.
(The Anglican church has two aboriginal bishops: Bishop Charles Arthurson, an assistant bishop in the diocese of Saskatchewan and Bishop Gordon Beardy, an assistant bishop in the diocese of Keewatin. Assistant bishops usually have responsibility for a specific geographic part of their diocese.)
The Arctic election on May 27 is to select a successor to Bishop Terrence Buckle, the previous assistant or suffragan bishop of the Arctic, who was recently elected Bishop of the Yukon.
Bishop Christopher Williams of the Arctic explained that under diocesan law, it is possible for nominations to be made up to 72 hours before the electoral synod begins its meeting.
The new bishop will be consecrated at St. Jude's Cathedral in Iqaluit on Sunday June 2.
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Contact Doug Tindal, Director of Communication 416-924-9199 ext. 286; 905-335-8349 (residence) or Sam Carriere, Media Relations, General Synod, 416-924-9199, ext. 256
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.