The minutes, once approved, are the definitive record...

The minutes appended refused leave to appeal but effectively grant the appeal as of right as the Judicial Committee Executive agreed
. "a congregation...might make the argument which is raised in the appeal"; and
. "that there is not at the present time a congregation which is in the situation raised by Reverend Anderson" of legally having its property held under the provisions of section 5.3 of the basis.

Legal counsels for the United Church of Canada argue
. the words mean "there is not at the present time a congregation which is contemplating leaving the United Church of Canada";
. status to appeal requires "an immediate and specific impact"; and
indicate verbally or by e-mail respectively
. the Judicial Committee Executive simply first considered my status to appeal in arriving at their Decision without considering the appeal or the grounds for appeal.

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;

"...the situation raised by Reverend Anderson" 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).

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;

without the ruling or appeal making any reference to "leaving"; and

the Trusts of Model Deed gives status of being directly affected by a matter relating to property

the minister of such congregation shall have the right to preside as Chairman at all meetings of the Trustees... [Appendix ii, 8; bylaw section 261]; and where

no other party, including conference(s) for which cc was delayed, was made aware of the ruling within the time required to appeal.

"...the situation raised by Reverend Anderson" is similar to objecting to the legality of a lien being registered against title even though the lien does not itself have "an immediate and specific impact", where
. only the ruling as given can be appealed; and
. the appellant has only thirty days to give notice of appeal.

The wording of the minutes "that there is not at the present time a congregation which is in the situation raised by Reverend Anderson" was then the result of the Judicial Committee Executive dealing with the appeal summarily on what they were advised or believed to be its content without actually reading it.

Judicial Committee Executive
minutes 27/11/06
approved 26/02/07

Mac Austin [chair, withdrew as associated with Weir Foulds]
David Green
Jim Sinclair [withdrew]
John Hamilton [withdrew as formerly with Weir Foulds]
Charles Huband
Gary Gaudin
Margaret Bain
Helen Barkley
Bernice Saulteaux

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.
CARRIED

6. Adjournment

Motion: there being no other business, the meeting of the Judicial Committee Executive be adjourned.
CARRIED

Charles Huband, Chair
Kathy McDonald, Secretary