Amendments to Canon XVIII
https://archives.anglican.ca/link/official772
- Date
- 1989 June 15-23
- Source
- General Synod. Minutes
- Type
- Act 125
- Seconder
- Canon H.R.S. Ryan
- Text of motion
- That First Reading be given to the Resolution that Canon XVIII - Discipline - be repealed and replaced by the following; subject to the understanding that the Organization Committee in consultation with the House of Bishops and the Doctrine and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
- Diocesan Courts
- 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
- Penalties Generally
- 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:
- a) admonition;
- 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.
- Admonition
- 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.
- Suspension
- 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.
- Deprivation
- 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.
- Deposition
- 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.
- Notices
- 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.
- Inhibition
- 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
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon XVIII
- Anglican Church of Canada - Clergy - Discipline
- Anglican Church of Canada - Bishops
- Episcopacy - Anglican Church of Canada
- Church discipline - Anglican Church of Canada
- Ecclesiastical courts - Anglican Church of Canada