re: "in essential agreement"

The current use of "in essential agreement"
- often assumes "in essential agreement" without explicit reference
- questions whether courts of the church are required to be "in agreement" or simply to be "in essential agreement" with doctrine and polity
- is arbitrary [cf. "...acknowledging our place in a pluralistic world and in an ongoing and developing tradition of faith" (rop 2000 p. 191; also pp. 383-405) has never been tested as a doctrinal statement by remit]

The church is legalistic about remit with changes to the Basis of Union wording [cf. removing "(missionaries)" rop 1997 pp. 639, 928] though The Manual 524(d) has been used to editorially displace the remit process, even when the approved remit gave no such authority [cf. the editorial displacement of the former Basis of Union 9.4: " 4. A minister by his or her own action and a Pastoral Charge through its constitutional representatives may, by such a date before the annual meeting of the Settlement Committee as the General Council shall determine, seek a change of pastoral relation by means of an application through the Presbytery to the Settlement Committee. All such applications shall be in writing."
the basic documentation is found in:
rop 1988 resolution 11 pp. 90-92
rop 1990 "The results of Remit 3..." p. 390
rop 1990 9.[4]5 p. 404
rop 1990 resolution 19 p. 412
remit #3],
but confuses the distinction between the privileges of courts and members with other decisions.

"in essential agreement" with or without explicit reference also confuses the decision making process, the process being prejudiced because in the minds of many people the decision has already been made and acted upon.

The legal route of addressing "in essential agreement" by ruling and appeal seems inappropriate as often the practice of law and justice have little in common, and our perception of being deprived of justice [without any reference to doctrine] is much of what divides us as a church [...the imperative of justice, which, as a measure of faithfulness, must not only be done but also be seen to be done. There can be no shalom without justice. - The Manual 065(b)]

The arguments are:

. "in essential agreement" is used inappropriately in the rationale for decisions
. the Basis of Union is the authority under which the United Church of Canada functions
. such authority was provided for by The United Church of Canada Act
. the provisions of The United Church of Canada Act include:
"to make such by-laws, rules or regulations as it may deem expedient for the exercise of any powers conferred by this Act" [article 18(h)]
"all resolutions passed by the General Council shall have the force and effect of by-laws..." [article 24]
"That nothing in this Act contained shall be deemed to limit the independent and exclusive right and power of The United Church to legislate in all matters concerning its doctrine, worship, discipline and government, including therein the right and power from time to time to frame, adopt, alter, change, add to or modify its laws, subordinate standards and formulas and to determine and declare the same or any of them, but subject to the conditions and safeguards in that behalf contained in the Basis of Union." [article 28(b); cf. 3(b), p. 5 of the Manual]
. the courts of the church are defined as:
In these By-Laws:
"Court" means a body established by The United Church of Canada Act, the Basis of Union, or the General Council, which body has both deliberative and decision-making powers, subject to the appeal provisions set out herein. The Courts of the United Church are: the Session and the Official Board, or the Church Board, or the Church Council, which are the Courts of the Pastoral Charge; the Presbytery; the Conference; and the General Council." [001 Definitions]
. while individuals within the church may hold different opinions, doctrine and polity are conditions which limit the courts of the church
. "in essential agreement" is used only with respect to ministry personnel:
IV. Commissioning, Ordination, and Admission
11.2 The Conference shall examine each Candidate on the Statement of Doctrine of the United Church and shall, before ordination, commissioning, or admission, be satisfied that such Candidate is in essential agreement therewith, and as a member of the Order of Ministry of the United Church accepts the statement as being in substance agreeable to the teaching of the Holy Scriptures.
026 Ordination and Commissioning.
(c) Presbytery Recommendation.
The Presbytery shall determine the Candidate's readiness for ministry by examining their genuine sense of call to ministry, personal character, motives, academic records, doctrinal beliefs, and general fitness for ministry, and shall satisfy itself that the Candidate is in essential agreement with the statement of doctrine and will abide by the polity of the United Church, and, if satisfied, shall recommend the Candidate to Conference for ordination or commissioning.
(d) Conference Action.
It shall be the duty of the Conference to have final enquiry in determining the readiness for ministry of each Candidate for ordination or commissioning by examining their genuine call to ministry, personal character, motives, academic records, doctrinal beliefs, and general fitness for ministry. Each Candidate recommended to be ordained or commissioned shall be examined on the statement of doctrine of the United Church, and shall, before ordination or commissioning, satisfy the Conference Education and Students Committee that they are in essential agreement therewith, and that as a member of the Order of Ministry of the United Church they will accept the statement as being in substance agreeable to the teaching of the Holy Scriptures. The Conference shall be assured that the Candidate is in essential agreement with the statement of doctrine, that the Candidate will agree to be subject to transfer and settlement in the United Church, and that the Candidate will abide by the polity of the United Church.
031 Admission from Other Denominations.
(e) Agreement with Doctrine and Polity.
Applicants shall also be required satisfactorily to answer the following questions:
  i. What are the applicant's reasons for applying for admission to the Order of Ministry of the United Church, and what has led to any change of views?
  ii. Is the applicant in essential agreement with the doctrine of the United Church? and
  iii. Is the applicant willing to conform to the government and polity of the United Church?
(x) Conference Final Interview.
The Conference Education and Students Committee will conduct a final interview of the applicant and make a recommendation to the Conference concerning the suitability of the applicant to be received into the Order of Ministry of the United Church. Each applicant to be admitted shall be examined on the statement of doctrine of the United Church; the Conference shall be assured that they are in essential agreement with the statement of doctrine, and that as a member of the Order of Ministry of the United Church they will accept the statement as being in substance agreeable to the teaching of the Holy Scriptures. The Conference shall be assured that the applicant will agree to abide by the polity of the United Church.
032 Re-Admission.
(a) Application.
A person whose name has been placed on the Discontinued Service List, and who meanwhile has not been received as a minister of another communion, and who desires to be re-admitted, shall make application to the Conference through the Presbytery of which the applicant was last a member. The applicant must clearly indicate to the Presbytery the reasons for requesting re-admission. The application shall include a reaffirmation of the applicant's willingness to conform to the government and usages of the United Church, and to be in essential agreement with the doctrine and polity of the United Church. The applicant, at their own expense, shall also provide to the Conference a current police records check, as part of the application for re-admission.
343 Lay Pastoral Ministers-in-Training and Lay Pastoral Ministers.
(a) The applicant shall:
  vi. be in essential agreement with the doctrine and polity of the United Church and be willing to conform to the constitution and government of the United Church;
345 Staff Associates.
(b) Search and Selection.
  iv. a declaration by all applicants that they are in essential agreement with the doctrine of the United Church and are willing to conform to the constitution and government of the United Church; and
  v. an orderly decision-making process.
424 Ordination and Commissioning, and Admission.
(b) through its Education and Students Committee, to satisfy itself regarding readiness for ministry by examining the genuine call to ministry, personal character, motives, academic record, doctrinal beliefs, and general fitness for ministry of each Candidate. The Conference shall be assured that each Candidate is in essential agreement with the statement of doctrine, will agree to be subject to transfer and settlement in the United Church, and will abide by the polity of the United Church;
. nowhere are courts of the church permitted to deviate from matters of doctrine, worship, discipline or government as found in the Basis of Union without remit
[cf. presbytery pastoral relations may not appeal to its actions being "in essential agreement" with the requirements of The Manual]
. "in essential agreement" is found in previous statements of the church
[cf. "the Statement of Faith (1940), the "New Creed (1968, revised 1994), the Lordship of Jesus (1978) and the Authority and Interpretation of Scripture (1992), as approved statements of the United Church, are all in essential agreement with the Doctrine section of the Basis of Union" - Executive of General Council Reply],
and in current documents to be considered by the church
[cf. "the original Proposed Statement ...stands in essential agreement with the Holy Scriptures and with historic expressions of the faith contained, for instance, in the classical ecumenical and Reformed confessions, and the Basis of Union of the United Church of Canada" - rop 2000, p. 315]
. there is no distinction between bylaws, policy, official statements, and other motions passed by General Council given that all are resolutions and "all resolutions passed by the General Council shall have the force and effect of by-laws..." [The United Church of Canada Act article 24]
. the principle of unreasonableness would question a court responsible for legislation making official statement "in essential agreement" for that which it could not legislate, given "all resolutions passed by the General Council shall have the force and effect of by-laws..."
. all property held under the Trusts of Model Deed is subject to a "trust, to permit, in conformity ...and not otherwise" which is quite different from "in essential agreement"
"4. And upon further trust, to permit, in conformity with the doctrines, discipline, by-laws, rules and regulations of The United Church of Canada and not otherwise..." [Manual, Appendix ii Trusts of Model Deed]
. it is not within the mandate given to any court by The United Church of Canada Act to infer what is otherwise provided for
. such use of "in essential agreement" is seen as an injustice in administering doctrine and polity by many members of the church

The courts of the church simply become an arbitrary extension of the individual if they are permitted to be "in essential agreement".