CHAPTER 8 Institutional Response of the Diocese of Alexandria-Cornwall Introduction As will be discussed in the Chapter 12, on the process of Phase 1 of the Inquiry, I found the Episcopal Corporation of the Diocese of Alexandria-Cornwall (referred to in this Report as the Diocese of Alexandria-Cornwall) to be a “public institu- tion” within the language of the Order-in-Council. The response of the Diocese as a “public institution” to allegations of historical abuse could be examined and recommendations could be made for how it could and should respond to such allegations in the future. I indicated that I would not be investigating the Roman Catholic Church, its doctrine, or its beliefs but rather the corporate entity of the Diocese as an employer of the priests who worked in the Diocese. In this chapter, I begin by providing an overview of the organizational structure of the Roman Catholic Church and the Diocese of Alexandria-Cornwall. This information is provided solely for back- ground and contextual purposes. The Organizational Structure of the Roman Catholic Church The organizational structure of the Roman Catholic Church is set out in canon law, the body of laws that govern the Church. The Roman Catholic Church’s central administration is located in Vatican City, an autonomous state that is surrounded by Italy. The Pope is the head of the Church. The Roman Curia, which corresponds to a cabinet and civil service in secular society, assists the Pope in the administration of the Church. The Church is divided into nine congregations. Each congregation is headed by a cardinal who lives in Rome. The Congregation for the Doctrine of the Faith is responsible for the unity of faith and for overseeing morals in the Church. Since 2001, all cases of alleged sexual abuse involving priests must be sent to the 843 844 REPORTOFTHECORNWALLINQUIRY—VOLUMEI Congregation for the Doctrine of the Faith. The Congregation for the Clergy is responsible for priests. The Congregation for Bishops is responsible for the functioning of the dioceses. The Roman Catholic Church also has tribunals. There are three tribunals in Rome: (1) the Apostolic Penitentiary, (2) the Roman Rota, and (3) the Apostolic Signatura. The Apostolic Penitentiary deals with matters of conscience. It is private and involves no written documents. The Roman Rota is the supreme court of the Church. The Apostolic Signatura is the highest tribunal. It functions as the Privy Council did in Canada before the Supreme Court of Canada was declared the highest judicial authority. Its focus is on procedures followed, not on the content of the case. Since 2001, the Congregation for the Doctrine of the Faith has set up a parallel tribunal to the Apostolic Signatura, and as a result, none of the three tribunals discussed above deals with cases of priests alleged to have committed acts of sexual abuse. The Roman Catholic Church also has pontifical councils, which are bodies that advise the Pope. The Secretary of State and the congregations, tribunals, and councils consti- tute the Pope’s “Cabinet.” These bodies meet with the Pope on a regular basis. The Roman Catholic Church is divided into ecclesiastical provinces, com- posed of an archdiocese headed by an archbishop, and a number of dioceses, each headed by a bishop. There are three ecclesiastical provinces in Ontario: Toronto, Kingston, and Ottawa. The Diocese of Alexandria-Cornwall is in the ecclesiastical province of Kingston. Each diocese consists of a number of parishes. A parish is a body of Catholic people who are served by a priest. According to Canon 447 of the 1983 Code of Canon Law, a Conference for Bishops is a permanent national or territorial institution that coordinates pastoral functions for the Christians in its territory “in order to promote the greater good that the Church offers to humanity.” The Canadian Conference of Catholic Bishops (CCCB) was founded in 1943 and officially recognized by the Vatican in 1948. It is composed of all bishops in Canada, including retired bishops. Paul-André Durocher, Bishop of the Diocese of Alexandria-Cornwall, testified that while the CCCB has no power to establish national protocols for dealing with issues such as sexual abuse, it has great influence on the creation of such protocols at the diocesan level. Religious orders are groups of lay people or clergy such as priests, nuns, and monks who are not assigned to a particular location. Many religious orders have autonomy from dioceses and bishops because their members make vows of obedience to the superior of the order. To exercise ministry within a diocese, a member of a religious order must obtain permission from the bishop of the diocese. DIOCESEOFALEXANDRIA-CORNWALL 845 Authority Within the Catholic Church There is no central Church authority within particular countries. The Vatican is the sole central authority. The organization of dioceses into ecclesiastical provinces is to foster common pastoral action and relations between bishops in the diocese. As discussed by Church officials at the hearings, the Catholic Church has a hierarchical, monarchical government structure in which power is held by the Pope as the head of the institutional Church and by the bishop in each diocese. The bishop of each diocese is accountable only to the Vatican. Each bishop is required to send the Vatican a report on the state of his diocese every five years. Moreover, he is obliged to visit the Vatican every five years, at which time he is questioned on his report. Orders of Deacons, Priests, and Bishops There are three orders in the Catholic Church: the Order of Deacons, the Order of Priests, and the Order of Bishops. Deacons can baptize people, preside at marriages and funerals that do not include a mass, and proclaim the gospel and preach during mass. However, they cannot administer the Eucharist. Priests can perform the same acts as deacons as well as administer the Eucharist, anoint the sick, hear confession, and, if so delegated by the bishop, preside over confirmation ceremonies. A priest has three main functions: (1) preaching, teach- ing, and setting up educational programs for his parishioners; (2) administering the sacraments, including the regular celebration of the Eucharist; and (3) acting as a leader, which includes setting up committees at the pastoral level. The care of the diocese is entrusted solely to the bishop. Bishops can perform the same functions as priests as well as preside at confirmation ceremonies and ordain priests. A diocesan bishop is responsible for (1) evangelization and faith education, which involves preaching and teaching and ensuring that these duties are being performed well throughout the diocese; (2) liturgy, which involves leading the celebration of sacraments; and (3) leadership and organization, which includes being responsible for the financial administration of the diocese, the appointment of priests, deacons, and support staff, and the establishment of commissions and committees to coordinate Church life. It is important to note that diocesan bishops have no power to change anything regarding sacramental or liturgical law in the Church. According to Canon 378 §1, a bishop must be: 1. outstanding in solid faith, good morals, piety, zeal for souls, wisdom, prudence, and human virtues, and endowed with other qualities which make him suitable to fulfill the office in question; 846 REPORTOFTHECORNWALLINQUIRY—VOLUMEI 2. of good reputation; 3. at least thirty-five years old; 4. ordained to the presbyterate for at least five years; 5. in possession of a doctorate or at least a licentiate in sacred scripture, theology, or canon law from an institute of higher studies approved by the Apostolic See, or at least an expert in the same disciplines. At least every three years, the bishops of an ecclesiastical province or a Conference of Bishops meet to compile a list of candidates considered suitable to become bishops. When a vacancy arises in a diocese the Apostolic Nuncio, also known as the Papal Nuncio, the ambassador of the Pope in a particular country, consults his networks to try to identify the person or persons who would be best for the diocese. In consultation with lay people and others, he prepares a list of three names, which he sends to the Congregation for Bishops in Rome. The prefect of the Congregation in Rome then gives his choice to the Pope, who has the final word on the nomination. Organizational Structure of Dioceses in Ontario The federal, provincial, and territorial governments of Canada do not recognize the Catholic Church as a legal entity. They recognize only the corporations under which Catholic dioceses operate. Diocesan corporations are autonomous, private corporate entities. Like other corporations, diocesan corporations are subject to regulations relating to corporate registration, taxation, and charitable status. In all of Canada other than Quebec, the bishop is the sole member, officer, and director of a diocesan corporation. Subject to certain negative financial limits beyond which a bishop cannot act without the Pope’s permission, a diocesan bishop has control of all of the diocesan corporation’s affairs. Diocese of Alexandria-Cornwall St. Andrew’s Parish in the county of Stormont and St. Raphael’s Parish in the county of Glengarry were granted official status by the Roman Catholic Church in 1802. The Diocese of Alexandria was established in 1890. In 1976, Bishop Eugène LaRocque was granted permission from the Congregation for Bishops to establish a co-cathedral in Cornwall and affix the name Cornwall, so that the Diocese became known as the Diocese of Alexandria-Cornwall. Approximately 56,000 of the 87,000 people in the geographic area of the Diocese of Alexandria-Cornwall are Catholic. There are thirty-one parishes in the Diocese of Alexandria-Cornwall. These parishes are located in the counties of Stormont and Glengarry as well as in the City of Cornwall.