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History

From its beginnings in 1965, the Canadian Canon Law Society has helped the Church in Canada and elsewhere navigate years of often rapid and drastic change. Our history can be divided into six periods. Where we go from here will depend on the inspiration and work of today's members, building on what has been handed on to us.

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01

The Founding

The Canadian Canon Law Society traces its origins back to a meeting convoked by Cardinal Paul-Émile Léger on 10 March 1965. The Second Vatican Council was coming to an end and it was obvious that the Bishops of Canada would have much to do to implement the Council's decisions. Father Jean Thorn, the newly appointed judicial vicar of Montreal, organized the study day hosted by the Cardinal. During a discussion period that afternoon, the 80 canonists present agreed that it would be opportune to look into the establishment of a society of canonists in Canada to assist in this important task. A task force of four was established to bring the project to fulfilment: Rev. Jean Thorn (Judicial Vicar, Montreal), Msgr Vincent Foy (Judicial Vicar, Toronto), Msgr Jean-Robert Hamel (Chancellor, Quebec) and Rev. Francis Morrisey OMI (a student in canon law at Saint Paul University). The committee made arrangements for a first convention to be held in Ottawa, 3-5 October 1966. At that convention, the canonists present agreed to found the Society and accepted a preliminary constitution which was later finalized. Elections were held and Father Thorn became the first president, with Father Morrisey as secretary-treasurer. Since then, the Canadian Canon Law Society has held annual conventions and has conducted a number of studies for the Canadian Bishops and for other persons who requested its assistance. It was decided at that first meeting that the secretariat of the Society would be at 223 Main Street, Ottawa, without specifically identifying it with the Faculty of Canon Law, so as to preserve the Society's independence. In addition to providing assistance to the Bishops, the new Society also wanted to help develop research on canonical topics and to assist in the on-going formation of canonists working in the field.

02

Period of Organization: Implementing the Council Decrees

Almost from the beginning of the Society, it became evident that if its work was to be recognized, some type of publication would be required. At the same time, the Faculty of Canon Law of Saint Paul University was seriously considering the founding of a canonical periodical. The moment was right. While Studia canonica remained the work of the University, Father Thorn, as President, was advisor to the committee examining the project, and an agreement was made that the papers given at the conventions of the CCLS could be published in Studia canonica. This formed the nucleus of the first editions and enabled both the Society to extend its influence, and the University to have good articles for its publication. From the very beginning, it was agreed that the Society, while maintaining its autonomy, would have three characteristics: it would be bilingual, with presidents alternating on a linguistic basis; it would work in close cooperation with the Bishops, and would maintain a positive, cooperative outlook whenever possible. It was not being set up as a pressure group. Likewise, from its inception, the Society decided to be international in scope, in the sense that it would favour the presence of canonists from other countries and traditions and would seek to maintain good relations with other canon law societies. Thus, at the very first convention, Father John Keating from Chicago (later Bishop of Arlington) was invited to speak to the group. The following year, two speakers from Europe were invited, and this tradition has continued through the years and has borne great results. As the Society developed its contacts with what was then the CCC (Canadian Catholic Conference), it became evident that it would be beneficial for all if an episcopal ponens were appointed. In 1968, Archbishop Francis Spence, at that time newly appointed auxiliary bishop for the Canadian Military Vicariate, was named ponens and he retained this post until the Conference of Bishops, in the mid-1980s, formally established the Commission for Canon Law and Inter-Rite matters. In the meantime, on 21 April 1972, the Conference agreed to establish an Episcopal Commission for Canonical Affairs, with the President of the Canadian Canon Law Society as an ex officio consultor. The services that Archbishop Spence rendered to the Society over these fifteen years can never be measured. He regularly attended meetings and assured that the documentation presented to the Bishops or to the Holy See was appropriate and clear. In 1970, the Conference of Bishops agreed to give the Society an annual subsidy in consideration of the various studies undertaken, and as a sign of recognition for the assistance it received. In 1974, the Society entered into an agreement with the Canon Law Society of America to have its documentation shared with Canadian canonists. During this period, the practice developed of having the various Presidents or representatives of the various canon law societies that have close relations with each other, attend the canon law conventions in other countries. This, too, has led to numerous on-going international contacts, especially in Great Britain and Ireland, the United States, and Australia and New Zealand. The major projects undertaken during these first years, in addition to a number of tasks relating to the implementation of the conciliar decisions, were focused on the revision of procedural law. Although regional tribunals had been established in Canada in 1946, the output of these courts - as was the case elsewhere in the world - was often rather limited. Yet, there were many calls for the issue of marriage nullity to be addressed by the courts. Understandably, this dossier continued to occupy Canadian canonists for many years. In 1969, 1972 and 1974, as a result of the work prepared by the Society and approved by the Conference, the Holy See granted indults to the Canadian Bishops, many of which remain in effect today, even under the 1983 Legislation. Also, from the very beginning, a family spirit was introduced in the group. The social friendships that developed from coast to coast enabled canonists to work together, in a congenial setting, to help resolve issues brought to their attention. This characteristic marked the Society for many years to come and helped produce numerous tangible results. During these early years, the Presidents of the Society were: Rev. Jean Thorn, Montreal, 1966-1967 Rev. Leonard Crowley, Montreal, 1967-1968 (Auxiliary Bishop of Montreal 1971-1997) Msgr Denis Robitaille, Saint-Hyacinthe, 1968-1969 Msgr André Desrochers, Joliette, 1969-1970 Msgr Charles Halpin, Winnipeg, 1970-1971 (Archbishop of Regina 1973-1994)

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03

Working on the Drafts of the New Code

Probably the major work of the Society during the first decade was the organization of a task force to assist the Bishops in responding to the requests received from the Holy See regarding the Code of Canon Law which was being prepared. In addition to assisting in preparing the CCC's response to the ten principles for revision, the Society also worked directly on a study of the proposed Lex Ecclesiae fundamentalis. Although this document was never promulgated, the experience gained in responding to the various drafts was most beneficial in the years ahead. Joint meetings were held with American canonists and this led to even greater international cooperation in the years ahead. Thus, for instance, in 1977, when the draft text on Procedures was distributed for comment, an international meeting of Bishops and canonists was held in Dublin. The Canadian Canon Law Society took an active part in this session, and helped organize a similar one the following year in Ottawa on the remaining books of the Code. The results of this last meeting were particularly successful and many of the recommendations were eventually integrated into the Code. Our President, Rev. John Barry, was formally invited to attend the official presentation of the 1983 Code of Canon Law in Rome and represented the Society at this momentous event. These international contacts also had another beneficial effect: as canonists elsewhere became aware of the existence of canonical resources in Canada, students from various countries began to register at Saint Paul University for their canonical degrees. This helped put the Faculty of Canon Law on the map and has been very beneficial to all. It was also necessary to provide for a sound financial base for the Society, and Father Albert Gauthier OP, President, organized a highly successful fund-raising campaign which enabled the Society to carry on its activities and even to establish an on-going bursary for a student in canon law. The presidents during this period were: Rev. Edward Barrett, Kingston, 1971-1972 Rev. Fr Germain Lesage OMI, Ottawa, 1972-1973 Rev. Fr Francis Morrisey OMI, Ottawa, 1973-1975 Rev. Fr Eugène Laplante AA, Québec, 1975-1977 Msgr Neil Willard, Montreal, 1977-1979 (Auxiliary bishop of Montreal 1995-1998) Rev. Fr Albert Gauthier OP, Ottawa, 1979-1981 Rev. John Barry, Antigonish, 1981-1983

04

Implementing the New Code

One of the most productive periods of the life of the Society was the period immediately following the promulgation of the 1983 Code of Canon Law. Msgr Michel Parent of Montreal was President at the beginning of this period of great activity. Information sessions were organized for Bishops in various regions, for canonists across the country, for clergy in dioceses, for religious, and for various lay groups. The Society took a very active part - along with the Faculty of Canon Law - in organizing and directing such sessions. The Society cooperated actively with the Canon Law Societies of Great Britain and Ireland, and of Australia and New Zealand to produce the first English translation of the Code. But perhaps, one of the two areas where the Society made its most effective influence, was that of preparing the particular legislation for Canada needed to implement the Code. Extensive consultations were held among canonists, and, eventually some thirty-eight decrees were promulgated by the Conference, after the required recognitio was received from the Holy See. These decrees constitute the basis of Canadian particular law today. The second area was the establishment of the Canadian Appeal Tribunal in 1984. With the promulgation of the Code, the arrangements authorized in 1974 now ceased and a new set-up had to be put in place. Msgr André Desrochers, a former president of the Society and one of its most ardent supporters, was the driving force in bringing this tribunal to a reality. His contacts with members of the Society through the years enabled him to call on and develop a pool of canonists who would work closely together to enable the Appeal Tribunal to function smoothly. The two entities are still very closely united. Recognizing the contribution of canonists to the development of the science of canon law was an important factor in the life of the Society. Therefore, under the leadership of Father Michel Dupont, president, it was decided to institute a ‘Canon Law Award of Merit’ in 1988 (renamed the ‘Jean Thorn Canon Law Award of Merit’ in 1996 in honour of our first president). The first recipients were charter members of the Society, Msgr Peter Kinlin, Judicial Vicar of Toronto, and Rev. Gatien Bolduc, c.s.v., who, for many years worked at the Holy See and looked after the interests of Canadian religious institutes. The Presidents of the Society during this period were: Msgr Michel Parent, Montréal, 1983-1985 Rev. Bernard Prince, Pembroke, 1985-1987 Rev. Michel Dupont, Montréal, 1987-1989 Rev. Robert Harris, Montreal, 1989-1991 (Bishop of Saint John, New Brunswick 2007–)

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05

A Period of Consolidation

Once the new Code and its structures were well in place, there were fewer immediate canonical questions to be addressed. The issue of sexual abuse retained the attention of canonists, and a number of members of the Society assisted the Canadian Bishops in preparing the publication, From Pain to Hope in 1992. In 1990, arrangements were made with the Canon Law Society of Great Britain and Ireland to cooperate closely in the preparation of a pastoral commentary on the Code of Canon Law. Father Robert Harris, the president, arranged for this project to be finalized, and Dr Michel Thériault was named liaison with the CLSGBI. Some ten members of the Society were directly involved in the project which came to fulfilment in 1995 with the publication of The Canon Law: Letter and Spirit. This publication has been well received universally and is widely used in chanceries, rectories, and seminaries. As the Society continued to grow and develop, it became necessary to make certain that its internal workings were in good order. Under the leadership of Ernest Caparros, its president, a revised Constitution was approved and by-laws governing the working of the various committees set in place. Likewise since, on many occasions, it had been considered appropriate for the Society to become separately incorporated and to have its distinct civil identity, the project was finally completed in 1999 and new by-laws put in place. Through the years, the question of the protection of rights of the faithful has been in the foreground of canonical thought. On numerous occasions, the possibility of addressing this matter, either through the establishment of an administrative tribunal, or through some other means, has been addressed. Thus it was that, in 1999, some canonists, members of the Society, approached the Bishops' Conference to see whether the time was not ripe to re-consider the proposal. The Canon Law Inter-Rite Commission of the Conference formally entrusted the project to the Society and work was undertaken on the project. At the present time, this is the major project being considered by the Society. The Society has opted not to request the establishment of an administrative tribunal, but rather setting up procedures for mediation, conciliation and arbitration. If the project is approved, this will require much additional work to establish working protocols, to obtain personnel, and to see to the appropriate functioning of such a board. The Presidents of the Society during this period have been: Dr Ernest Caparros, Ottawa, 1991-1993 Rev. Stephen Hill, Ottawa, 1993-1995 Rev. Jacques Pelletier, Québec, 1995-1997 Dr Lynda Robitaille, Vancouver, 1997-1999 Dr Michel Thériault, Ottawa, 1999-2000

06

Where do we go from here?

Now that the Society is well-established, it will be important for it to maintain its momentum. There are numerous projects that could be undertaken, particularly in the area of protection of rights and matters relating to confidentiality. Before too long, serious studies will also have to be undertaken in relation to financial organization of dioceses and religious institutes in Canada, particularly in the light of recent court decisions. Also, work could be done on the development of new jurisprudence for the Canadian tribunals, perhaps in conjunction with other canon law societies. The Society has shown that it can carry out projects of this importance and that it is willing to accept the challenge. We have every reason to hope and believe that in the coming years it will be able to render important service to the Church and to canonists wherever they are called upon to exercise their ministry. Presidents since 2000: Rev. Fr Pierre Allard SM, Buckingham, 2000-2002 Msgr Patrick Powers, Ottawa, 2002-2004 Msgr Roch Pagé, Ottawa, 2004-2006 Rev. Richard Arsenault, Winnipeg, 2006-2008 Rev. Alain Guèvremont, Military Ordinariate, 2008 - 2010 Msgr Wayne Kirkpatrick, Toronto, 2010-2012 (Auxiliary Bishop of Toronto 2012–) Mr Robert Lariviere, Gatineau, 2012-2014 Rev. Eric Dunn, Charlottetown, 2014-2017 Rev. François Hamel, Trois-Rivières, 2017–2020 Rev. Michael Fahlman, Prince Albert, 2020-2023 Robert Larivière, 2023-

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