K. Virginia Coleman
General Secretary
The United Church of Canada
3250 Bloor Street West
Etobicoke, Ontario
M8X 2Y4
416-231-3103 fax

re: Executive of General Council Response to Issues raised by the Interview of the Moderator, the Right Reverend Bill Phipps, with the Ottawa Citizen

As requested, the following is a written statement outlining the gist of the argument to be made of the grounds of the appeal [The Manual 076(f)].

Gist

1. the appeal is to the Judicial Committee with reference to the requirements of The Manual within the Executive of General Council Response to Issues raised by the Interview of the Moderator, the Right Reverend Bill Phipps, with the Ottawa Citizen.

2. the Executive of General Council Response must reflect the Doctrine, Polity, and bylaws as found in The Manual [The Manual, The United Church of Canada, 1995 - articles of Doctrine and Polity will be specifically referenced from The Basis of Union - bylaws will be referenced from The Manual]

3. the Executive of General Council Response deals with issues raised by the interview of the Moderator, the Right Reverend Bill Phipps, with the Ottawa Citizen, which by their content, the debate expressed within the church, the petition of Bay of Quinte Conference, and letters specifically requesting that the Moderator be removed [Executive of General Council Response, Recommendations 9.] require that statements of doctrine, discipline, and the unity and well-being of the Church [The Basis of Union 8.6.10] be addressed in such response.

4. The Executive of General Council Response states "membership in the church is based on a profession of faith" and "... we do not believe that faithfulness consists in assenting to particular statements. Rarely, if ever, do we use doctrinal standards to exclude anyone from the circle of belonging" with respect to members of congregations, who are required to make profession of their faith in Jesus Christ and obedience to Him [The Basis of Union 5.8.1, and The Manual 010(a)] and who may not be required terms of admission to full membership... other than those laid down in the New Testament. [The Basis of Union 8.6.2(1)]

The Basis of Union requires that 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. [The Basis of Union 11.2]

The Manual defines the standards by which discipline is to be exercised within the United Church as those standards that are perceived in the Holy Scriptures as set forth in the Old and New Testaments and the faith and practice set forth in the Basis of Union which are in substance agreeable to the Word of God. [The Manual 066]

The Manual requires the Order of Ministry to assent to particular statements:

- be in essential agreement with the Statement of Doctrine (The Basis of Union 11.2, and The Manual 026(b), 027, 031(e)ii, 032(a))
- exercise ministry in accordance with the scriptures (The Basis of Union 11.3 3, and The Manual 028)
- agree that the Statement of Doctrine is in substance agreeable to scripture (The Basis of Union 11.2)
- and to be subject to the oversight and discipline of the United Church (The Basis of Union 11.3 3, and The Manual 028), which discipline specifically references the faith and practice set forth in The Basis of Union (The Manual 066)

The Executive of General Council Response references ""essential agreement" with the doctrinal articles of the Basis of Union", but there is no evidence that the Executive of General Council recognized the requirements of Order of Ministry as distinct from those of members of congregations in the words which follow or the action taken by the Executive of General Council. Rather the response continues "... we do not believe that faithfulness consists in assenting to particular statements. Rarely, if ever, do we use doctrinal standards to exclude anyone from the circle of belonging" and the requirement of "essential agreement" with statements of doctrine is ignored by the Executive of General Council.

therefore

I ask the Judicial Committee of the United Church of Canada to declare that the response of the Executive of General Council failed to recognize the requirements of Order of Ministry as distinct from those of members of congregations, when they stated "... we do not believe that faithfulness consists in assenting to particular statements. Rarely, if ever, do we use doctrinal standards to exclude anyone from the circle of belonging"... and with respect to the polity within The Basis of Union 11.2, 11.3 3, also interpreted in the bylaws of The Manual 026(b), 027, 031(e)ii, 032(a), 066.

5. the Executive of General Council has made a response which recited non-doctrinal standards found in the arguments for continuity, context, and diversity which are not found in the Doctrine of The Basis of Union as "doctrinal standards", has ignored Doctrine as being in substance agreeable to the teaching of Holy Scriptures [The Basis of Union 2.0, 11.2, and The Manual 066], and in so doing has imputed that there is a doctrinal standard within the United Church of Canada which supersedes the Doctrine as expressed in The Basis of Union, and has applied these as "doctrinal standards" to the decision making process.

6. The Basis of Union requires approval of a majority of the Presbyteries, and, if advisable, Pastoral Charges also before making change to doctrine, worship, membership and government of the Church, provided that the freedom of worship at present enjoyed in the negotiating Churches shall not be interfered with in the United Church [The Basis of Union 8.6.2(1), (see also The Manual 505(a))].

7. The Basis of Union 11.2, and The Manual 026(b), 027, 031(e)ii, 032(a), 066, reference only the Doctrine set forth in The Basis of Union articles 2.0 - 2.20, and make no mention of any other statement, document, or standard as described in the Executive of General Council Response (cf. Statement of Faith (1940), A New Creed (1968 revised 1994), The Lordship of Jesus (1978), The Authority and Interpretation of Scripture (1992), and "the place of doctrinal standards").

The Executive of General Council Response sets forth several documents as if they were doctrine (cf. "...the doctrine of the United Church as set forth in... the Statement of Faith (1940) and expressed further in such documents as the "New Creed" (1968, as further revised in 1994), "The Lordship of Jesus" (1978) and the Authority and Interpretation of Scripture (1992)"), which documents are not mentioned in The Manual and cannot be relied upon to modify or change the Doctrine of the United Church of Canada without remit pursuant to The Basis of Union 8.6.2(1) and The Manual 505(a).

The Basis of Union requires that 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. [The Basis of Union 11.2]

The Manual references the faith and practice of the United Church in the standards by which discipline is to be exercised within the United Church are those standards that are perceived in the Holy Scriptures as set forth in the Old and New Testaments and the faith and practice set forth in the Basis of Union which are in substance agreeable to the Word of God. [The Manual 066]

The Executive of General Council Response "in clarifying the place of doctrinal standards" ignores Doctrine as being in substance agreeable to the teaching of Holy Scriptures (The Basis of Union 2.0, 11.2, and The Manual 066), and makes another standard within the United Church of Canada which supersedes the Doctrine as expressed in The Basis of Union.

The Executive of General Council Response would have us believe that these official statements, documents, and other "doctrinal standards" were included in applying or withholding the provisions of The Basis of Union 8.6.10, 11.2, 11.3 3, and The Manual 026(b), 027, 031(e)ii, 032(a), 066, 067(d).

therefore

I ask the Judicial Committee of the United Church of Canada to declare that the response of the Executive of General Council wrongly included as statements of doctrine (cf. Statement of Faith (1940), A New Creed (1968 revised 1994), The Lordship of Jesus (1978), The Authority and Interpretation of Scripture (1992)) and other "doctrinal standards" which The Manual does not reference as Doctrine in applying the provisions of The Basis of Union 8.6.10, 11.2, 11.3 3, and The Manual 026(b), 027, 031(e)ii, 032(a), 066, 067(d)), and which cannot be relied upon to modify or change doctrinal statements in The Basis of Union without a remit pursuant to The Basis of Union 8.6.2(1) and The Manual 505(a).

8. The Executive of General Council had before it for consideration a petition from Oshawa Presbytery, transmitted with concurrence from Bay of Quinte Conference Sub-Executive, and also letters specifically requesting that the Moderator be removed from office [Executive of General Council Response, Preamble 2. and Recommendations 9.].

The Executive of General Council Response has an express finding and a recital of an acknowledgement "that there is pain in the body of Christ [Executive of General Council Response, Pastoral Concerns]", requiring that its response deal with resolution of conflict [The Manual 065].

The Manual 065 expressly deals with conflicts, Whenever there is a conflict between or among people in the body of Christ, there is pain and anxiety on all sides. Such conflicts arise because of strongly held and differing ideas, violations of personhood or other rights, and the personal and corporate frailty that we share with all humanity. [The Manual 065(a)] ...Equally important is 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 Manual 065, 066, 067, 068, 069, 070, 072, 074, and 075 detail the process for resolution of conflicts, and references no other procedure which might be used to resolve conflicts administratively. The Executive of General Council determined "that there is pain in the body of Christ [Executive of General Council Response, Recommendations 2.]", decided not to apply these provisions, and elected to treat the matter as being solely of an administrative concern.

therefore

I ask the Judicial Committee of the United Church to declare that Executive of General Council failed to resolve the issues of the complaint that had been referred to it by the Bay of Quinte Conference, and those who wrote to the Executive of General Council, and to return the issue to the Executive of General Council for resolution.

9. The Response has not been just with our own people. The Executive of General Council Response sets forth several documents as if they were doctrine (cf. "...the doctrine of the United Church as set forth in... the Statement of Faith (1940) and expressed further in such documents as the "New Creed" (1968, as further revised in 1994), "The Lordship of Jesus" (1978) and the Authority and Interpretation of Scripture (1992)"), and other "doctrinal standards", without process as defined in The Basis of Union 8.6.2(1) and The Manual 505(a). The Response is both inimical to the process [ie. the church's own process, it was not required of us by another body] of The Manual to change Doctrine and confuses the process to our people, the process being prejudiced because in the minds of many people the decision has already been made and acted upon.

therefore

I ask the Judicial Committee of the United Church of Canada to formally declare what is Doctrine and what is not Doctrine of the United Church of Canada.

and

I ask the Judicial Committee of the United Church of Canada to require the Executive of General Council to affirm as the Doctrine of the United Church of Canada the doctrinal statements set forth in The Basis of Union, or in the alternative, to require the Executive of General Council to immediately seek amendment to The Basis of Union and immediately seek approval of the New Doctrine by way of remit to all Pastoral Charges and Presbyteries.

10. the Response is seen to be unjust by the public, who can only look at what we do against what we say and find that we are maybe politicians, poor politicians at that, but not what they might rightfully [inasmuch as the church has publicly advocated justice and fairness on several issues] expect the church to be - just, and fair, and a church which is more concerned with justice and fairness than with getting itself out of a jam.

therefore

I ask the Judicial Committee of the United Church of Canada to require the Executive of General Council to publish the findings of the Judicial Committee.

Rev. Don Anderson
White Lake Pastoral Charge

cc Renfrew Presbytery
Bay of Quinte Conference