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	View of Church Offensive By Archbishop Weisgerber Winnipeg Free Press June 11, 2010 http://www.winnipegfreepress.com/opinion/westview/view-of-church-offensive-96203939.html [The Rome in Catholic Church] The May 22 edition of the Winnipeg Free Press carried an extensive article by DeLloyd J. Guth, professor of legal history at the University of Manitoba in respect to the use of the Code of Canon Law within the life of the Archdiocese of Winnipeg. It was entitled The Rome in Catholic Church. An eminent Canadian canon lawyer, consulted in this matter, states in Prof. Guth's article: "many of the statements are either wrong, incorrect or in serious need of nuances." While the history and interpretation of canon law can be left to the experts, many of the statements and judgements made by Prof. Guth call into question the Archdiocese of Winnipeg's commitment to dealing with the sexual abuse of minors and the competence of the archbishop, who, the professor states, is either in "ignorance or denial" with respect to proper procedures. The Roman Catholic Church's Code of Canon Law is detailed legislation to be used in the worldwide church, but the way in which the law is used may vary depending on the civil status of the church in a given country. Many countries have a concordat with the Holy See. A concordat may give church courts responsibility and authority in dealing with determined issues. Canada has no such concordat and the church, with all its institutions and members, is subject to Canadian law. Thus Manitoba law requires anyone on becoming aware of a child being sexually abused by an adult must immediately report this situation to the police. This is the first requirement in the Archdiocese of Winnipeg's protocol in dealing with sexual abuse. Prof. Guth is correct in stating this requirement cannot be found in canon law, but the archdiocese exists in Canada and must abide by Canadian law. The bishop is not, as Prof. Guth states, "playing Pontius Pilate, washing his hands by promising to defer to police and the secular criminal law." He is simply following Canadian law. A serious flaw in Prof. Guth's analysis is his understanding of the role of the bishop's permanent delegate, which he describes as "the bishop's new, executive non-rule-of-law approach with his 'delegate.' " The sexual abuse of minors is dealt with by the Canadian criminal system, but the church must also deal with the situation. Many people are affected if the guilty party is a member of the clergy: the victim and family, the parish community, the diocese and the perpetrator. Canadian church norms advise that in accordance with Canon 1717, the bishop appoint a delegate who will thoroughly investigate the situation, and present the findings to the sexual abuse advisory committee (a group of lay professionals and one member of the clergy). The advisory committee will then make recommendations to the bishop as to how to proceed on matters such as assistance to the victim, removal of the priest from the parish, informing the parish and dealing with the canonical status of the perpetrator, i.e. barring him from any ministry within the church or removing him from priesthood. The advisory committee may recommend a canonical trial, in which case the same canon explicitly states the delegate may not have any further role. Contrary to Prof. Guth's assertion, canonical trials do take place in Canadian dioceses. Prof. Guth speculates that "the people in the pews" are unaware of archdiocesan policies. The policies are available on the archdiocese's website. They have been delivered to archdiocesan, deanery and parish councils. In 2007, the archdiocese instituted a comprehensive program for establishing safe environments for children in all areas of church life. Everyone, at every level of the church, who is in contact with minors must undergo a police check, a sexual abuse registry check and a daylong educational session delivered in partnership with the Red Cross. To date, 1,136 persons have completed this training in the Archdiocese of Winnipeg. All are instructed clearly on the reality of sexual abuse of minors and on the necessity and proper procedures for reporting. Prof. Guth's description of the Roman Catholic Church is offensive. In his attempt to advance the thesis that the church is simply a contemporary incarnation of the Roman empire, he caricaturizes the reality, theology and governance of the church. The Roman Catholic Church is a worldwide organization, but it is probably the most decentralized of all global institutions. Contrary to the professor's assertion, the church emphatically does not believe or teach that "outside the church there is no salvation." Dealing with the sexual abuse of minors and any abuse, for that matter, is a continuing challenge for the church and for all institutions. The church needs and welcomes the expertise and experience of others, especially the social sciences. Historians in particular can help us learn from the past so as not to repeat the same mistakes. A historian, however, must not only know what has happened in the past, but must also be conversant with the complexities of present realities if there is a sincere desire to help others work toward a safer and more just environment. It is truly regrettable that Prof. Guth was unable to make a deeper study of the church's present legislation and canonical practice. His article addresses important issues, but the many errors and lack of precision in his analysis simply create confusion. James Weisgerber is archbishop of the Roman Catholic Archdiocese of Winnipeg.
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