Appeal disallowed

Don Anderson's appeal will not even be heard by the judicial committee of the United Church. "The Judicial Committee Executive has made a Decision to refuse to hear the Appeal because it does not meet the grounds for an Appeal."

You may have noticed Bob Harvey's article in Friday's Ottawa Citizen page A6 (March 13, 1998). The appeal and related documentation (including The United Church of Canada Act) are available without comment as e-mail in two self-extracting archives to anyone who requests them - about 100 pages or 250K compressed internet size (requires an IBM compatible computer and a program which can read wordperfect 6.0a files).

The file issue.wpd is a wordperfect 6.0a file and is separate from the appeal, but represents the core issue of the appeal, whether the General Council can legislate on doctrine without remit, and then use such legislation in its decision making process (although The United Church of Canada Act was not mentioned in any of the appeal, The Basis of Union 8.6.2(1) quoted in the appeal is directly from it).

The extract below gives some idea of the importance of The United Church of Canada Act.

The United Church of Canada Act

28. Notwithstanding anything in this Act contained, it is hereby declared:-

(a) That the said union of the negotiating churches has been formed by the free and independent action of the said churches through their governing bodies and in accordance with their respective constitutions, and that this Act has been passed at the request of the said churches in order to incorporate The United Church and to make necessary provision with respect to the property of the negotiating churches and the other matters dealt with by this Act.
(b) That nothing in this Act contained shall be deemed to limit the independent and exclusive right and power of The United Church to legislate in all matters concerning its doctrine, worship, discipline and government, including therein the right and power from time to time frame, adopt, alter, change, add to or modify its laws, subordinate standards and formulas and to determine and declare the same or any of them but subject to the conditions and safeguards in that behalf contained in the Basis of Union.
(c) That the United Church by virtue of its independent and exclusive right and power to legislate in respect of the matters mentioned in the next preceding sub-section has the right to unite with any other church or religious denomination without loss of its identity upon such terms as it may find to be consistent with the principles, doctrines and religious standards set forth in the Basis of Union, or any amendment thereof made by the General Council under the provisions of the Basis of Union.
SCHEDULE A.

THE BASIS OF UNION

V.-THE GENERAL COUNCIL.

24. The General Council shall have full power:
(2)

(a) To legislate on matters respecting the doctrine, worship, membership and government of the Church, subject to the conditions: First, that before any rule or law relative to these matters can become a permanent law, it must receive the approval of a majority of the Presbyteries, and, if advisable, pastoral charges also; Second, that no terms of admission to full membership shall be described other than those laid down in the New Testament; and, Third, that the freedom of worship at present enjoyed in the negotiating Churches shall not be interfered with in The United Church.
(b) To legislate on all matters respecting property, subject to the limitations elsewhere provided in this Basis of Union, and subject also to the approval of the Conference in which the property is situated.

The Basis of Union 1995

8.6 The General Council shall have full power:
8.6.2 (1) to legislate on matters respecting the doctrine, worship, membership, and government of the Church, subject to the following conditions: First, that before any rule or law relative to these matters can become a permanent law, it must receive the approval of a majority of the Presbyteries, and, if advisable, Pastoral Charges also, the votes of which are received by the designated date, provided that at least two-thirds of the eligible courts have responded by that date. Second, that no terms of admission to full membership shall be prescribed other than those laid down in the New Testament. And third, that the freedom of worship at present enjoyed in the negotiating Churches shall not be interfered with in the United Church;
(2) to legislate on all matters respecting property, subject to the limitations elsewhere provided in the Basis of Union, and subject also to the approval of the Conference in which the property is situated;