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Ecclesiastical Province of Canada Provincial Council 2007 Minutes Page 1 of General Synod)

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Ecclesiastical Province of Canada Provincial Council 2007 Minutes Page 1 of General Synod) The Ecclesiastical Province of Canada Provincial Council September 27-30, 2007 Diocese of Fredericton Minutes Thursday, September 27 Following the afternoon Executive meeting, twenty-nine(29) members and five(5) guests registered in the Mactaquac Inn Lobby, Fredericton. Present: The Most Rev’d Bruce Stavert(Qc), Metropolitan; The Rev’d Alan T. Perry(Mtl), Prolocutor; Margaret Jenniex(CNF), Deputy Prolocutor; Canon Charles Ferris(F’ton), Chancellor; Eric Dryden(Mtl), Treasurer; John Moores(WNF), Lay Secretary; The Rev’d Berdina Ford(CNF), Clerical Secretary; Wayne Hamlin(NSPEI); The Right Rev’d David Torraville(CNF); Rick Olsen(ENL); The Venerable James Bennett(Mtl); Captain Robert Marsh(Church Army); Robert Mesher(WNF); The Rev’d Dr. Stephen Andrews(Prolocutor of General Synod & President of Thorneloe University); Jean Hamilton(F’ton); Tina Oppong (Mtl),Youth; The Rev’d Lorna Baird(Qc); Joan Gibb(Qc); The Rev’d John Watton(CNF); Jennifer Schwartz(NSPEI), Youth; Winston Walters(CNF); Mr. Chris Miller (Prolocutor of the Province of Ontario); Jeffrey Petten(ENL),Youth; The Right Rev’d Sue Moxley(NSPEI); The Rev’d James Pratt(WNF); The Right Rev’d Cyrus Pitman(ENL); The Rev’d Roger Whalen (ENL); The Right Rev’d Percy Coffin(WNF); The Venerable John Clarke(NSPEI); The Rev’d Edmund Laldin( Interfaith Dialogue Committee); The Right Rev’d Dr. Claude Miller(F’ton); The Very Rev’d Keith Joyce(F’ton); The Right Rev’d Ewen Ratteray(Bishop of the Diocese of Bermuda); Amanda Stephenson(Mtl). Registrants traveled to the community of Prince William and enjoyed dinner at St. Clement’s Church Parish Centre. The Opening Eucharist was held at St. Clement’s Church, Presider- The Right Rev’d Dr. Claude Miller assisted by The Rev’d Canon Elaine Hamilton, Rector. The Rev’d Dr. Stephen Andrews was guest preacher. With a quorum confirmed by the secretaries the Metropolitan welcomed all and declared the Provincial Council meeting opened. The Diocesan Bishop extended a welcome and brought Greetings on behalf of the Diocese of Fredericton. Diana Stavert extended a vote of thanks to the Rector and people of St. Clement’s Parish for the meal and use of the facilities for the evening’s meeting. Regrets: The Right Rev’d Barry Clarke(Mtl); The Venerable Michael Pollesel(General Secretary Ecclesiastical Province of Canada Provincial Council 2007 Minutes Page 1 of General Synod). Thursday, September 27 (cont’d) The Prolocutor introduced Housekeeping items and invited the Treasurer to provide information regarding travel and spousal expenses. Motion 1: Moved By: Berdina Ford(CNF) Seconded By: Wayne Hamlin(NSPEI) The Minutes of 2006 Provincial Synod be adopted as circulated. Motion Carried. Motion 2: Moved By: Berdina Ford(CNF) Seconded By: James Pratt(WNF) The Minutes of 2006 Provincial Council Meeting be adopted as circulated. Motion Carried. Correspondence: A letter of Greeting was received from the Primate, The Most Rev’d Fred Hiltz. Motion 3: Moved By: Alan T. Perry(Mtl) Seconded By: Tina Oppong(Mtl) A letter of congratulations and greeting be sent to the Most Rev’d Fred Hiltz upon his election as Primate of the Anglican Church of Canada: Your Grace, On the occasion of our first meeting since your election and elevation to the Primacy of All Canada, the Council of the Ecclesiastical Province of Canada wishes to express its delight and sincere congratulations to you on the attainment of your new office. Your wisdom, good humour and passion for the mission of the Church have long been valued contributions to the life of this Province. Now, as you place yourself at the service of the whole Canadian Church, we pray God’s blessing on you in your new ministry. There will always be a place for you in our hearts and in our prayers, and an empty chair in our meetings ready for you to fill it. Motion Carried. The Metropolitan announced the appointment of following persons to the Courtesies Committee: The Right Rev’d Percy Coffin(WNF); The Ven. James Bennett(Mtl); Jennifer Schwartz(NSPEI). Ecclesiastical Province of Canada Provincial Council 2007 Minutes Page 2 The Metropolitan brought the Council’s attention to the diocesan and other reports. Motion 4: Moved By: Keith Joyce(F’ton) Seconded By: Amanda Stephenson(Mtl) That all reports be received. Motion Carried. The Prolocutor then gave instructions regarding the submission of Notices of Motion and announced the closure of Notices of Motion set for 3:00 pm, Saturday, September 29. Motion 5: Moved By: Charles Ferris(F’ton) Seconded By: Alan T. Perry(Mtl) That section 3.2 of the Sexual Misconduct Policy be replaced by the following: 3.2 Sexual Assault 3.2.1 For the purposes of this policy, a “sexual assault” is an assault which happens in circumstances of a sexual nature and violates the sexual integrity of the person who is assaulted. 3.2.2 These definitions and principles shall be considered when applying this definition and this policy: 3.2.2.1 An assault happens when: a) one person applies force to another person or threatens to apply force b) intentionally, and c) without consent. 3.2.2.2 The assault will be “aggravated” if the person who is assaulted is wounded, maimed or disfigured or his or her life is endangered. 3.2.2.3 In deciding if an assault is sexual, many factors may be considered including the part of the body touched or threatened to be touched, the situation in which it occurred, the words and gestures of the person alleged to have committed the assault and any words and gestures of the person alleged to have been assaulted. 3.2.2.4 Gender is not relevant to a determination of whether a sexual assault has occurred. 3.2.2.5 Sexual Offences are described in Part V and Part VIII of the Criminal Code of Canada Ecclesiastical Province of Canada Provincial Council 2007 Minutes Page 3 and some of those offences are: * aggravated sexual assault; * bestiality; * incest; * inviting a person under the age of fourteen to touch for a sexual purpose; * sexual assault; * sexual assault with a weapon or sexual assault causing bodily harm; * sexual exploitation which is sexual interference of invitation by a person in a position of trust or authority; a. towards a young person b. towards a person in a relationship of dependency or c. towards a person with a mental or physical disability; and * sexual interference which is sexual touching of a person under the age of fourteen 3.2.3 NOTE: Consent is understood as non-coercive. If a victim agrees to any assault under threat, or if a consent is obtained by fraud or by the influence of a person in authority over the victim(e.g. counsellor, pastor, guardian), it will be deemed to be no consent. An accused may show “honest belief” of consent and may not be convicted. However, it is always no consent for children under age 12; under specific circumstances with peers for children age 12-14, and with young persons age 14-18, consent is not valid if the accused was in a position of authority over them. Also there are further provisions for mentally or otherwise incapacitated or vulnerable children, adolescents or adults. (Criminal Code of Canada, Bill C-127, 1983 and Bill C-15, 1988) Background to motion: This wording is intended to clarify the definition of sexual assault in the policy and does not materially change the policy or its application. Motion Carried. Motion 6: Moved By: Charles Ferris(F’ton) Seconded By: Alan T. Perry(Mtl) That the Provincial Council, pursuant to s.3(16)(c) of the Constitution adopt the following Provincial Archives Policy: The Ecclesiastical Province of Canada Provincial Archives Policy 1. Definitions Ecclesiastical Province of Canada Provincial Council 2007 Minutes Page 4 “Province” means the Ecclesiastical Province of Canada. “Provincial Archivist”means the Provincial Archivist appointed by the Synod of the Province pursuant to s.3(16)(c) of the Constitution, “records” means: (a) correspondence, memoranda, forms and other papers and books, (b) maps, plans and charts, (c) photographs, prints and drawings, (d) motion picture films, microfilms and videotapes, (e) sound recordings, magnetic tapes, (f) records in electronic form, (g) all other documentary materials regardless of physical format or characteristics, and, without limiting the generality of the foregoing, includes records: (i) prepared or received by the Province in connection with the transaction of its business, (ii) preserved or appropriate for preservation by the Province, (iii) containing information on the organization, functions, procedures, policies or activities of the Province, or other information of past, present or potential value to the Province, (h) any document, in any format, including without limiting the generality of the foregoing, any document relating to the exercising of the jurisdiction and powers of the Synod and the fulfilment of its purpose as it may from time to time be defined, including specifically: (i) the Constitution and Canons certified under the seal of the Synod, which shall be deemed the original record thereof, (ii) records of the election or appointment of provincial clergy and lay officers, (iii) all grants, conveyances and wills, or all pertinent extracts therefrom, in any way relating to property granted, conveyed, bequeathed, or devised for the benefit or use of the Synod of the Province, (iv) Certificates of Election and Consecration, and other similar instruments of the Metropolitan, (v) the minutes, reports, correspondence, and other records of Synod, its officers and agencies, committees and organizations, and any reports, surveys and studies commissioned by the Synod, (vi) other instruments and records of historical value, and (vii) copies of insurance policies and information relating to insurance coverage by the Province.
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