RR 6
71 Blackburn Road
Renfrew, Ontario
K7V 3Z9
613-433-8227
rev@magma.ca
August 21, 2006

Secretary, Judicial Committee
The United Church of Canada
3250 Bloor Street West   Suite 300
Toronto, Ontario
M8X 2Y4

Appended
- Grounds for Appeal
- Request for ruling dated 13/06/06
- Ruling 06-009-R dated 11/07/06
- Main vs. The United Church of Canada
- Aird v. Johnson [1929] 4 D.L.R 664
- Ferguson v. MacLean  RS48 - 1926 #101, Chancery Division
- Ferguson v. MacLean  New Brunswick Supreme Court, Appellate Division 1929 2 M.P.R. 257
- Ferguson v. MacLean  1930 S.C.R. 630
- Respondent Factum, Ferguson v. MacLean  1930 S.C.R. 630
- 1874 c. 75 An Act respecting the union of certain Presbyterian Churches therein named  Ontario
- 1875 c. 48 An Act concerning the Congregations of Churches connected with the Church of Scotland in this Province  New Brunswick
- 1875 c. 99 An Act respecting the union of certain Presbyterian Churches therein named  New Brunswick
- 1900 c. 135 An Act incorporating the Board of Trustees of the Presbyterian Church in Canada  Ontario
- 1900 c. 34 An Ordinance to incorporate the Board of Trustees of the Presbyterian Church in Canada.  North-West Territories [applies to Alberta and Saskatchewan]
- 1907 c. 79 An Act to incorporate The Board of Trustees of the Presbyterian Church in Canada, Eastern Section  New Brunswick
- 1922 c. 88 An Act to amend The Ordinance incorporating the Board of Trustees of the Presbyterian Church in Canada.  Alberta
- 1924 c. 59 The United Church of Canada Act  New Brunswick
- 1924 c. 100 The United Church of Canada Act  Canada
- 1925 c. 125 An Act respecting the Union of certain Churches therein named.  Ontario

Attached separately
- transcript of Ferguson v. MacLean 1930 S.C.R. 630

I appeal ruling 06-009-R dated 11/07/06 re the vesting of 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, to the Judicial Committee.

As the text of the ruling appealed
 i. precludes interpreting matters of civil law;
 ii. relies on bylaw section 266(a) as the only 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" to exclude properties of former congregations of the Presbyterian Church in Canada from the provisions of section 5.4 of the Basis of Union;
 iii. gives no evidence that the competency of bylaw section 266(a) was considered;
 iv. and as bylaw section 266(a) relies solely on former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, for its authority without any other action by the General Council;
 v. and as the referenced legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, interpretation were ultra vires the General Council without minutes confirming Conference(s) approval as required by the conditions and safeguards of The United Church of Canada Act and the Basis of Union;
 vi. and as the referenced legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), were ultra vires the Conference(s) and the General Council being inconsistent with the requirement of The United Church of Canada Act to authorize only lawful acts or things, of which requirement the Basis of Union may not be inconsistent, and thereby incompetent to convey the authority claimed in bylaw section 266(a);
I request the Judicial Committee make decision

until such time as the General Council specifically lawfully reconsiders bylaw section 266(a) and obtains the approval of Conference(s).

Further
 i. as the deficiencies of bylaw section 266(a), formerly 261(b), 112(b), 77(a), 78(a), 34(a), have been recited from an early date so as to be constructive to the thought, interpretation, directives, and history of the church; and
 ii. as the General Council was aware of those deficiencies or ought to have been aware of those deficiencies as respondent to Aird v. Johnson [1929] 4 D.L.R 664 and Ferguson v. MacLean 1930 S.C.R. 630; and
 iii. as the Judicial Committee ruling was interpreted without qualification "no basic changes in the Manual could be made without action of the General Council" [1977 rop p646, 1976 year book pp9, 12, 13];
if the General Council should contemplate any bylaw with similar intent as that argued against by the appeal and seek the approval of Conference(s), "the imperative of justice, which, as a measure of faithfulness, must not only be done but also be seen to be done" [Manual 065(b)] requires the church to "be seen", particularly as to the above deficiencies being constructive to the thought, interpretation, directives, and history of the church, as part of any such reconsideration.

Theological Basis
"is nobody among you wise enough to judge a dispute?" [1 Corinthians 6:5 niv];
"the imperative of justice, which, as a measure of faithfulness, must not only be done but also be seen to be done" [Manual 065(b)];
"justice requires dialogue without intimidation".

PART I - The Facts:

The appeal assumes the following principles:

the minutes are the definitive record of the respective courts of the church [see also bylaw sections 090-092]; and

the Basis of Union is the authority under which the United Church of Canada functions

The United Church of Canada Act authorizes:

The United Church of Canada Act conditions relating to property include among others:

the Basis of Union conditions relating to property include:

the Basis of Union safeguard related to all matters respecting property provides:

The United Church of Canada Act authorizes only lawful acts or things:

where legislating and administering bylaws are "lawful acts or things".

The appeal is of the text of the ruling.

The argument of the appeal is that bylaw section 266(a) is incompetent as authority.

There may be several factors contemplated in arriving at the text of the ruling but all we have is the text of the ruling and, of significance to the appeal, what the text of the ruling chose as authority for the ruling which is and can be the only subject of this appeal.

The respondent may wish to introduce recent evidence but, unless the respondent can also give evidence that the General Council has specifically lawfully considered and acted on recent evidence as it may or may not relate to The Manual, the text of the ruling specifically precludes introducing recent evidence, or for that matter anything new, which has not been lawfully authorized by the General Council:

The text of the ruling references specific authorities as set out in The Manual

PART II - The Issue:

The appeal makes no argument with reference to Basis of Union articles 5.3, 5.4; though it should be noted that someone has found fit to alter punctuation and case in the Basis of Union as found in The United Church of Canada Act both here [effective The Manual 1995] and elsewhere without authorization by remit [the editorial changes are not significant to interpretation here though the addition of the word "a" in article 2.16 is significant].

The appeal has specific problems with the competence of bylaw section 266(a), particularly as the text of the ruling relies on bylaw section 266(a) as the only 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"

PART III -The Argument:

The argument of the appeal is:
 i. the text of the ruling relies on bylaw section 266(a) as the only 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. bylaw section 266(a) relies solely on former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, for its authority without any other action by the General Council;
 iii. the referenced legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, interpretation were ultra vires the General Council without minutes confirming Conference(s) approval as required by the conditions and safeguards of The United Church of Canada Act and the Basis of Union;
 iv. the referenced legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), were ultra vires the Conference(s) and the General Council being inconsistent with the requirement of The United Church of Canada Act to authorize only lawful acts or things, of which requirement the Basis of Union may not be inconsistent, and thereby incompetent to convey the authority claimed in bylaw section 266(a).

 i. the text of the ruling relies on bylaw section 266(a) as the only 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";

The text of the ruling offers no other 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. bylaw section 266(a) relies solely on former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, for its authority without any other action by the General Council;

years # text authorization
1995- 266(a) Where No Denominational Interest. Any property or funds owned by a Pastoral Charge or Congregation at the time of Church Union solely for its own benefit and not for the benefit of the denomination of which it formed a part shall not be held under the Trusts of Model Deed unless and until, at a meeting of such Pastoral Charge or Congregation regularly called for the purpose, it consents that it shall so be held. Where the Pastoral Charge or Congregation has not given such consent, the consent of the Presbytery is not required for sale, mortgage, exchange, or lease of Real Property pertaining to a Pastoral Charge or Congregation. (In no province except Alberta and Saskatchewan is any Real Property of a former Presbyterian congregation included in this exception, as the provincial statutes incorporating the Board of Trustees of the Presbyterian Church in Canada vest a reversionary interest in such property in the denomination, should the congregation cease to exist. No Real Property of a former Methodist congregation is included in this exception, as under legislation affecting the Methodist Church the denomination had an interest in the Real Property of all Methodist congregations. The exception does apply to property of a congregation of the former Congregational Churches.) none
1985-1993 261 (b) It should be noted that in all the Provinces except Alberta and Saskatchewan no real property of a former Presbyterian Congregation is included in exception 261 (a) as the Provincial statutes incorporating The Board of Trustees of the Presbyterian Church in Canada vest a reversionary interest in such property in the denomination, should the congregation cease to exist. It should also be noted that no real property of a former Methodist congregation is included in exception 261 (a), as under legislation affecting the Methodist Church the denomination had an interest in the real property of all Methodist congregations. The exception does apply to property of a congregation of the former Congregational Churches. none

note: later versions read
"former Methodist Congregation",
"Congregation of the former Congregational Churches"

1967-1983 112 (b) It should be noted that in all the Provinces except Alberta and Saskatchewan no real property of a former Presbyterian Congregation is included in exception 112 (a) as the Provincial statutes incorporating The Board of Trustees of the Presbyterian Church in Canada vest a reversionary interest in such property in the denomination, should the Congregation cease to exist. It should also be noted that no real property of a former Methodist Congregation is included in exception 112 (a), as under legislation affecting the Methodist Church the denomination had an interest in the real property of all Methodist congregations. The exception does apply to property of a Congregation of the former Congregational Churches. re-arrangement/re-numbering
1962 General Council
rop pp77, 569-575 "it was moved, seconded and agreed, that the proposed revisions to the Manual be referred to the Executive or Sub-Executive of the General Council with Power to act";
1964 General Council
rop pp64, 451-453 "the Committee has discussed a major change in the arrangement and format of the Manual and recommends the Standing Committee on the Manual be authorized to consider, among others, the following suggestions:
"(a) The re-arrangement of the by-laws of the Manual so that the related subject matter would be brought together;
"(b) the re-numbering of the Sections of the Manual with fifty or one hundred numbers assigned to each major division, so that subsequent amendments would not involve re-numbering all subsequent Sections;
"(c) The use of a loose-leaf binder, with revisions printed on additional pages together with a new index. The pages of revisions would be supplied to all Ministers of the Church after every General Council, with the expectation that a completely new Manual would have to be published every ten years. The additional pages might be a distinctive colour so that recent amendments to the Manual could receive attention and rules of debate as they apply to the Church Courts";
1966 General Council
rop pp72, 542-549 "...that the Standing Committee on the Manual be given authority to re-edit the Manual, making changes to the wording of the by-laws that will eliminate redundancies and clarify meaning, especially where archaic phrases are used; and re-organize the contents of the Manual in more logical sequence and with a block-numbering of sections. The following is a preliminary draft of such re-arrangement...";
1968 General Council
rop pp72, 447-450 "That the Executive of General Council approve the revised wording of the Manual as submitted by the Standing Committee on the Manual, subject to such editorial changes as may need to be made;
"That the text of The United Church of Canada Act be omitted from the Manual and that instead there be included the names and designations of The United Church of Canada Act and also the corresponding Provincial Acts; and also the 'Appendix on Law' following the Basis of Union in the present Manual, and Schedule C re Colleges be omitted";

1976
year book pp9, 12, 13 interpreted the Judicial Committee ruling [1977 rop p646] without qualification "no basic changes in the Manual could be made without action of the General Council"

note: later versions read
"112 (a)",
"should the congregation cease to exist",
"former Methodist congregation",
"congregation of the former Congregational Churches"

1964 77. (a) The property of a Congregation covered by exception 76 (b) will not be held under the Model Trust Deed unless and until such Congregation at a meeting thereof, regularly called for the purpose, consents that it shall be so held. It should be noted that in all the Provinces except Alberta and Saskatchewan no real property of a former Presbyterian Congregation is included in exception 76 (b) as the Provincial statutes incorporating The Board of Trustees of the Presbyterian Church in Canada vest a reversionary interest in such property in the denomination, should the Congregation cease to exist. It should also be noted that no real property of a former Methodist Congregation is included in exception 76 (b), as under legislation affecting the Methodist Church the denomination had an interest in the real property of all Methodist Congregations. The exception does apply to property of a Congregation of the former Congregational Churches. none
1946-1962 78. (a) The property of a Congregation covered by exception 77 (b) will not be held under the Model Trust Deed unless and until such Congregation at a meeting thereof, regularly called for the purpose, consents that it shall be so held. It should be noted that in all the Provinces except Alberta and Saskatchewan no real property of a former Presbyterian Congregation is included in exception 77 (b) as the Provincial statutes incorporating The Board of Trustees of the Presbyterian Church in Canada vest a reversionary interest in such property in the denomination, should the Congregation cease to exist. It should also be noted that no real property of a former Methodist Congregation is included in exception 77 (b), as under legislation affecting the Methodist Church the denomination had an interest in the real property of all Methodist Congregations. The exception does apply to property of a Congregation of the former Congregational Churches. re-numbering
1946 General Council
rop pp36, 41, 48 minutes adopted bylaws 1-100

note: 1946 uses "Methodists...33 (b)" in error
1929-1944 34. (a) The property of a Congregation covered by exception 33, (b), will not be held under the Model Trust Deed unless and until such Congregation at a meeting thereof, regularly called for the purpose, consents that it shall be so held. It should be noted, however, that in nearly all the Provinces no real property of any former Presbyterian Congregation is included in exception 33, (b), as the different Provincial statutes incorporating The Board of Trustees of The Presbyterian Church in Canada vest a reversionary interest in such property in the denomination, should the Congregation cease to exist. It should also be noted that no real property of any former Methodist Congregation is included in exception 33, (b), as under the legislation affecting the Methodist Church, the denomination had an interest in the real property of all Methodist Congregations. 1928 General Council
rop pp67, 110-118 referred to Executive with power to issue revised edition, subject to revision and amendment by the next General Council;
1929 year book/rop pp18, 37-8 revised Manual...
1928 34. The property of a Congregation covered by exception 33, (b), will not be held under the Model Trust Deed unless and until such congregation at a meeting thereof, regularly called for the purpose, consents that it shall be so held. It should be noted, however, that in all the Provinces no real property of any former Presbyterian Congregation is included in exception 33, (b), as the different Provincial statutes incorporating The Board of Trustees of The Presbyterian Church in Canada vest a reversionary interest in such property in the denomination, should the congregation cease to exist. It should also be noted that no real property of any former Methodist Congregation is included in exception 33, (b), as under the legislation affecting the Methodist Church, the denomination had an interest in the real property of all Methodist congregations. 1925 General Council
year book/rop p36 "the {Executive} Committee may appoint Committees from among the members, or otherwise, for inquiry and report to it, or for such other purposes as it may direct";
1926 General Council
year book/rop p71 "that a book of rules and regulations...with the exception of items re the Ministry, be referred to the Executive Committee with power to issue;
1927 Executive Committee
year book p10, "The report on Undeferred Areas, with the exception of items regarding the Ministry, and the Seal, with instructions to the Executive Committee concerning the name to be used as title of the Book, with the memorials which had been referred to the Committee on unreferred Areas, and any other memorials not dealt with by the Council referred to the Executive Committee by the General Council, were referred to a special Committee to be called the committee on Procedure and Government, to report to a subsequent meeting of the Executive Committee;
1927 Sub-Executive
year book pp29-30 Report Committee on Procedure and Government
"...and the Book be issued as directed by the General Council, stating that while it is for the time being for the guidance of the whole Church, it is 'subject to revision and amendment by the next General Council.'";
year book pp41-42 "On motion further consideration of the report of the Committee on Procedure and Government was deferred until the next meeting of the Executive Committee; each member of the Executive was requested to give consideration to the report and send forward any suggestions at as early date as possible, to enable the presentation of a complete report to the next meeting of this Executive Committee.
"The present report, and further sections as they be prepared, were ordered to be submitted as soon as prepared to the Committee on Law and Legislation, and the recommendation already adopted regarding issuance was reconsidered and deleted.";
1928 Sub-Executive
year book/rop p142 "The Committee on Procedure and Government was instructed to complete its work in the preparation of The Manual, and issue the same at the earliest possible date, through the Executive Committee, according to the directions of the General Council";
year book/rop p145 "The Committee on Procedure and Government presented its final report as directed by the Executive. Copies had been sent to the members of the Committee on Law and Legislation and members of the Executive.
"On motion, it was agreed that the report of the Committee be adopted: that the Committee be authorized to proceed with the printing of sufficient copies to meet the demand of the Church, making prominent in the publicity given in the Church press the statement that the book is 'issued under the authority of the General Council of 1926, by the Executive, subject to revision and amendment by the next General Council.'";
1928 General Council
rop p156 The Manual published March 24, 1928

[notes:
 a. a review of The Manual from 1928 to 2004 cross referenced to minutes reveals bylaws relating to property almost singularly lack the required approval for editorial changes, deletions, insertions, and renumbering required of other bylaw changes;
 b. bylaw section 266(a), formerly bylaw sections 261(b), 112(b), 77(a), 78(a), has factual errors relating to "in no province except Alberta" as described below, "i. the failure of the Court that made the Decision against which the Appeal is being made to consider the matter as completely as practicable;"].

As the ruling relies solely on "interpretation of church polity as set out in The Manual" a necessary prerequisite to authority claimed by the respondent is that the authority have specific lawful authorization by the General Council or, prior to 1976, its Executive/Sub-Executive. From the above table it is seen that bylaw section 266(a) derives its authority from former bylaw sections 112(b), 78(a), 34(a), 34 as the only texts authorized by the General Council or its Executive/Sub-Executive. The minutes as found in the Record of Proceedings and Year Books give no other indication of any other approval by the General Council or Executive/Sub-Executive, and as noted the 1976 Year Book interpreted the Judicial Committee ruling [1977 rop p646] without qualification "no basic changes in the Manual could be made without action of the General Council".

 iii. the referenced legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, interpretation were ultra vires the General Council without minutes confirming Conference(s) approval as required by the conditions and safeguards of The United Church of Canada Act and the Basis of Union;

The former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, interpretation

was ultra vires the General Council without minutes confirming Conference(s) approval as required by the conditions and safeguards of The United Church of Canada Act, where the minutes of
 i. all Conferences from 1925 to 1930;
 ii. the Record of Proceedings from 1925 to 2003;
 iii. the Year Book from 1926 to 2005;
and the archived records of
 iv. the Committee on Procedure and Government;
 v. the Committee on Law and Legislation;
 vi. the Manual Committee;
failed to offer any indication that the required approval of Conference(s) was ever requested, considered, or approved with respect to

The safeguard explicitly requires approval, not simply lack of dissent, which is not found in the minutes, and without minute the required approval was not given by the Conference(s) making the referenced legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34 interpretation ultra vires the General Council.

 iv. the referenced legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), were ultra vires the Conference(s) and the General Council being inconsistent with the requirement of The United Church of Canada Act to authorize only lawful acts or things, of which requirement the Basis of Union may not be inconsistent, and thereby incompetent to convey the authority claimed in bylaw section 266(a);

The referenced legislation and administration

were ultra vires the Conference(s) and the General Council being inconsistent with the requirement of The United Church of Canada Act to authorize only lawful acts or things as interpreted by the law applicable at the time:

     a. the majority opinion expressed by three of the four judges in the Supreme Court of Ontario decision Aird v. Johnson [1929] 4 D.L.R. 664

     b. the majority opinion expressed by four of the five judges in the Supreme Court of Canada decision Ferguson v. MacLean 1930 S.C.R. 630

     c. the apparent bias in reporting litigation relating to "and in which the denomination to which such congregation belongs has no right or interest, reversionary or otherwise"

The United Church of Canada as respondent was intimately aware of Aird v. Johnson [1929] 4 D.L.R 664 and Ferguson v. MacLean 1930 S.C.R. 630; and

the interpretation of sections 6 and 8 of the Provincial and Dominion Acts respectively in Aird v. Johnson [1929] 4 D.L.R 664 and Ferguson v. MacLean 1930 S.C.R. 630 relates to a class of congregations that find themselves in the same relationship to the former Presbyterian Church in Canada as St. Andrew's Presbyterian Church and St. James Presbyterian Church in Aird v. Johnson [1929] 4 D.L.R 664 and Ferguson v. MacLean 1930 S.C.R. 630 respectively, namely, congregations subject to provincial statute incorporating the Board of Trustees of the former Presbyterian Church in Canada which includes
"all lands and premises which have been or shall hereafter at any time be held by any trustee or trustees for any congregation which shall have ceased to exist or has become disorganized shall vest in the said Board of Trustees on trust to sell the same and pay over the proceeds of the said sale to the Treasurer of the said Church for the benefit of the Home Mission scheme thereof or as may be otherwise determined by the General Assembly of the said Church"; and

the class of congregations that find themselves in the same relationship to the former Presbyterian Church in Canada as St. Andrew's Presbyterian Church and St. James Presbyterian Church in Aird v. Johnson [1929] 4 D.L.R 664 and Ferguson v. MacLean 1930 S.C.R. 630 respectively is the subject of the referenced former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), interpretation

which interpretation was thereby ultra vires the Conference(s) and the General Council being inconsistent with the requirement of The United Church of Canada Act to authorize only lawful acts or things, of which requirement the Basis of Union may not be inconsistent, as interpreted by the law applicable at the time, as the legislators, interpreted by the respective Supreme Courts of the Province and Dominion, did not intend the section incorporating the Board of Trustees of the former Presbyterian Church in Canada
"all lands and premises which have been or shall hereafter at any time be held by any trustee or trustees for any congregation which shall have ceased to exist or has become disorganized shall vest in the said Board of Trustees on trust to sell the same and pay over the proceeds of the said sale to the Treasurer of the said Church for the benefit of the Home Mission scheme thereof or as may be otherwise determined by the General Assembly of the said Church"
to operate on the interests of the congregation for properties which otherwise would be excepted per sections six and eight of the Provincial and Dominion Acts respectively; and

the legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, being found deficient
 i. as ultra vires the General Council without minutes confirming Conference(s) approval as required by the conditions and safeguards of The United Church of Canada Act and the Basis of Union;
 ii. as ultra vires the Conference(s) and the General Council being inconsistent with the requirement of The United Church of Canada Act to authorize only lawful acts or things, of which requirement the Basis of Union may not be inconsistent, as interpreted by the law applicable at the time;
and without specific lawful authorization by the General Council cannot convey the authority claimed in bylaw section 266(a) relied on by the text of the ruling.

Further, while the respondent was fully aware of possible deficiencies in bylaw section 266(a)

there is no evidence in the text of the ruling appealed that the competency of bylaw section 266(a) relied on as authority was ever examined, [see also "i. the failure of the Court that made the Decision against which the Appeal is being made to consider the matter as completely as practicable;"].

PART IV - Decision Sought:

As the text of the ruling appealed
 i. precludes interpreting matters of civil law;
 ii. relies on bylaw section 266(a) as the only 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" to exclude properties of former congregations of the Presbyterian Church in Canada from the provisions of section 5.4 of the Basis of Union;
 iii. gives no evidence that the competency of bylaw section 266(a) was considered;
 iv. and as bylaw section 266(a) relies solely on former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, for its authority without any other action by the General Council;
 v. and as the referenced legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), 34, interpretation were ultra vires the General Council without minutes confirming Conference(s) approval as required by the conditions and safeguards of The United Church of Canada Act and the Basis of Union;
 vi. and as the referenced legislation and administration of former bylaw sections 261(b), 112(b), 77(a), 78(a), 34(a), were ultra vires the Conference(s) and the General Council being inconsistent with the requirement of The United Church of Canada Act to authorize only lawful acts or things, of which requirement the Basis of Union may not be inconsistent, and thereby incompetent to convey the authority claimed in bylaw section 266(a);
I request the Judicial Committee make decision

until such time as the General Council specifically lawfully reconsiders bylaw section 266(a) and obtains the approval of Conference(s).

Further
 i. as the deficiencies of bylaw section 266(a), formerly 261(b), 112(b), 77(a), 78(a), 34(a), have been recited from an early date so as to be constructive to the thought, interpretation, directives, and history of the church; and
 ii. as the General Council was aware of those deficiencies or ought to have been aware of those deficiencies as respondent to Aird v. Johnson [1929] 4 D.L.R 664 and Ferguson v. MacLean 1930 S.C.R. 630; and
 iii. as the Judicial Committee ruling was interpreted without qualification "no basic changes in the Manual could be made without action of the General Council" [1977 rop p646, 1976 year book pp9, 12, 13];
if the General Council should contemplate any bylaw with similar intent as that argued against by the appeal and seek the approval of Conference(s), "the imperative of justice, which, as a measure of faithfulness, must not only be done but also be seen to be done" [Manual 065(b)] requires the church to "be seen", particularly as to the above deficiencies being constructive to the thought, interpretation, directives, and history of the church, as part of any such reconsideration.





Don Anderson