71 Blackburn Road RR6
May 1, 2009
Review Committee, General Council
The United Church of Canada
3250 Bloor Street West Suite 300
re request for review
I request review of the Judicial Committee Executive Decision regarding my standing to appeal Ruling 06-009-R, which was as follows:
"The Executive reached the conclusion that you are not directly affected by the ruling and, as a result, have no status to appeal it."
I have appended the following documents, as being relevant to this request:
. Judicial Committee Executive Decision;
. Judicial Committee Executive minutes 27/11/06;
. Appeal Deficiencies [Record of Proceedings 2003 pp. 55, 94, 186].
I understand that the mandate of the Review relates only to whether Appeal of Ruling 06-009-R has status to be heard and, other than as required to determine the status of the Appeal, does not include a consideration of the Appeal itself.
The grounds for review are:
|a.||"The Manual...protects the minority, and provides the means by which any member may express convictions and seek justice, from the congregation through to the General Council." [The Manual p. 3]|
|b.||The 38th General Council required appeal deficiencies to be corrected,
and specifically the deficiency
"an appeal may be dismissed arbitrarily by citing the appellant is not eligible to appeal;" [appended Record of Proceedings 2003 pp. 55, 94, 186]
be corrected. Since the deficiency was not corrected in The Manual 2004, the Judicial Committee Executive was not prevented from making a perfunctory decision based on the standing of the appellant. However, it is perverse to permit a decision that relies on a power deemed by General Council to be deficient, and not in accord with the principles of natural justice.
|c.||Trusts of Model Deed gives settled order of ministry status of being
implicated in all matters in the purview of the trustees:
"The minister of such congregation shall have the right to preside as Chairman at all meetings of the Trustees..." [The Manual, Appendix ii, 8; bylaw section 261]
and hence settled order of ministry are directly affected by all matters relating to property.
|d.||Ruling 06-009-R is about the static disposition of certain properties,
without reference to requirement that a congregation contemplate
leaving the United Church of Canada:
Ruling 06-009-R is about the static disposition of certain properties, whether those properties are held under the provisions of section 5.3 or section 5.4 of the basis
"It is therefore my ruling that the property of congregations that were formerly Presbyterian (other than in Alberta and Saskatchewan) are governed by the provisions of 5.3 of the Basis, as more particularly outlined in paragraph 266(a) of the by-laws." [Ruling 06-009-R]
Appeal of Ruling 06-009-R is about the static disposition of certain properties, whether as the prerequisites to legislate bylaw section 266(a) were deficient those properties are legally held under the provisions of section 5.3 of the basis
"I request the Judicial Committee make decision
" i. bylaw section 266(a) is incompetent as authority for interpreting 'whether the denomination of which that congregation formed part (Congregational, Methodist or Presbyterian) had any interest in the property of the congregation';
" ii. the ruling, lacking authority for interpreting 'whether the denomination of which that congregation formed part (Congregational, Methodist or Presbyterian) had any interest in the property of the congregation', must declare properties of former congregations of the Presbyterian Church in Canada, which as negotiating congregations entered the Union of 1925 and took the name of The United Church of Canada are held under the provisions of section 5.4 of the Basis of Union;
"until such time as the General Council specifically lawfully reconsiders bylaw section 266(a) and obtains the approval of Conference(s)"; [Appeal of Ruling 06-009-R]
basis section 5.3 provides that such property be held "upon trusts set forth and declared in...a schedule to the Act, and should contain, among others, a provision to the following effect: that the property is held for the church, charge, circuit, or congregation as a part of the United Church, and that no property so held shall be sold, exchanged, or in any manner encumbered, unless the Presbytery shall, at the instance of the church, charge, circuit, or congregation, have given its sanction, subject to an appeal, if desired, to the Conference";
basis section 5.4 provides that such property "shall not be affected by the legislation giving effect to the Union or by any legislation of the United Church without the consent of the church, charge, circuit, or congregation for which such property is held in trust."
|e.||Ruling 06-009-R then has the immediate and specific impact of declaring an interest in certain congregation properties which prior to the union of 1925 were vested solely in those congregations, the legality of which ruling is both objected to by the Appeal and of inherent import to more than a few congregations.|
. the Judicial Committee Executive Decision requirement that a congregation contemplate leaving the United Church of Canada as prerequisite to appeal is arbitrary as Ruling 06-009-R makes no such requirement;
. a ruling about the static disposition of my congregations' properties, whether those properties are held under the provisions of section 5.3 or section 5.4 of the basis, has an immediate and specific impact to those congregations which directly affects my rights and responsibilities as settled order of ministry having the right to preside as Chairman at all meetings of the Trustees;
. the Judicial Committee Executive had ample time to consider the status of the Appeal and delinquency in considering the Grounds for Appeal should not be used as rationale to further delay hearing the Appeal;
and request the Review Committee to take such action that the Appeal be heard forthwith without further procedural delays.
The United Church of Canada
3250 Bloor Street West Suite 300
December 11, 2006
R. R. #6
71 Blackburn Road
Dear Reverend Anderson:
Re: Appeal from General Secretary's Ruling 06-009-R
Your appeal from the General Secretary's Ruling was considered by the Judicial Committee Executive at its meeting last Monday, November 27, 2006.
The Executive considered section 076(a) which requires that "An Appeal may be made only by a person or a Court directly affected by the Decision or ruling," The Executive reached the conclusion that you are not directly affected by the ruling and, as a result, have no status to appeal it.
Judicial Committee Executive
Cc: Jim Sinclair, General Secretary, General Council
Judicial Committee Executive
Mac Austin [chair, withdrew as associated with Weir Foulds]
Jim Sinclair [withdrew]
John Hamilton [withdrew as formerly with Weir Foulds]
5. Anderson appeal from General Secretary's Ruling 06-009-R
Acting Chair Austin withdrew as did John Hamilton and the General Secretary, Jim Sinclair. Charles Huband assumed the Chair for this portion of the meeting.
The discussion commenced around the issue of standing to bring the appeal. The Executive sought and received clarification that there is not at the present time a congregation which is in the situation raised by Reverend Anderson. The Executive agreed that if a congregation might fall within the exception to section 266(a) it might make the argument which is raised in the appeal.
Motion: Green/Gaudin that since Reverend Anderson is not directly
affected he has no status to proceed with the appeal of this Ruling.
Motion: there being no other business, the meeting of the Judicial
Committee Executive be adjourned.
Charles Huband, Chair
Kathy McDonald, Secretary
General Council 2003
NB6 assigned to Commission B
Whereas justice is an integral part of our church, and
Whereas only a decision by a formal hearing/court or ruling by the General Secretary may be appealed, and
Whereas a decision "means any disposition of a matter by a Court, or by a body authorized to act on behalf of the Court, by motion", and
Whereas often minutes are not available to the appellant and by default the appeal fails to meet the grounds for an appeal, and
Whereas refusal of a court to make decision is not appealable, and
Whereas within the courts improper use of ruling as a decision is not appealable to another court, and
Whereas an appeal may be dismissed arbitrarily by citing the appellant is not eligible to appeal
Therefore be it resolved that the Manual Committee address deficiencies
in the appeal process.
[Record of Proceedings 2003, pp. 55, 186]
APPEAL PROCESS - NB6
Motion: Mary-Beth Moriarity/Richard Bott
That the 38th General Council adopt New Business 6 that The Manual Committee address deficiencies in the appeal process.
[Record of Proceedings 2003, p. 94]