Glossary

The definitions in this section take into account the Criminal Code of Canada, canon law, information from the Holy See and the Department of Justice Canada, as well as the Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse published by the Interagency Working Group on Sexual Exploitation of Children (2016), and the Glossary on Sexual Exploitation and Abuse published by the United Nations (2017).

The glossary does not have any legal force and is meant only to serve as a reference tool for the present document. All terms and definitions are to be read in the context of this document alone. Should further clarification be required, the authoritative sources shall be the Criminal Code of Canada, provincial/territorial statues, and canon law.

Abuse: In the present document, “abuse” is a shorthand term for the sexual abuse of a minor by clergy, non-ordained members of institutes, or a layperson officially mandated by a bishop/major superior or those equivalent to them in law.

Comment: “Abuse” is a broad term, which can also include any physical, verbal, emotional, or sexual behaviour: (i) which causes a person to fear for his or her physical, psychological, or emotional safety and well-being; (ii) which the alleged perpetrator knew or ought to have reasonably known would cause that person to have concern or fear for his or her physical, psychological, or emotional safety and well-being. Such behaviour may or may not be criminal in nature. A key factor in some forms of abuse is a power imbalance, for example when the victim is exploited by a person in a position of authority, or where there is a significant age gap or economic asymmetry.

Acts (acta): A collection of all testimonies and documents provided in order for a judgment to be reached by the ecclesiastical court.

Allegation: In the context of the present document, the term “allegation” refers to a complaint, still to be verified, claiming or asserting that someone has committed an act of sexual assault against a minor or vulnerable adult. The term is used interchangeably and in combination with “complaint.”

Bishop: Member by divine institution of the hierarchy of the Church (superior to priests and deacons) in communion with the Pope and appointed by him for the government of the faithful of the Church. In the context of the present document, the “bishop” is the supreme authority in a diocese/eparchy.

Canadian Conference of Catholic Bishops: The “CCCB” refers to the Bishops’ Conference or Episcopal Conference of the Catholic Bishops in Canada. Members of the Conference include all diocesan/eparchial bishops in Canada and those equivalent to them in law and all coadjutor bishops and auxiliary bishops. Also included are titular bishops of any rite within the Catholic Church who exercise a special office in Canada which has been assigned to them by the Holy See or by the CCCB.

Canon Law: The ecclesiastical law of the Roman Catholic and Eastern Catholic Churches. The universal law applicable to Catholics is found in the Code of Canon Law (1983), the Code of Canons of the Eastern Churches (1990), and subsequent documents issued by the Holy See. Particular law is that which is applicable to a given territory, as, for instance, the legislation of the Canadian Conference of Catholic Bishops, which is applicable in Canada, but not elsewhere. A third type of canon law is known as “proper law,” which is applicable to persons, no matter where they might reside. The most common example of proper law is the internal law governing institutes of consecrated life, societies of apostolic life, and other groups which have similar internal legislation governing their life and ministry.

Child pornography: According to the Criminal Code of Canada (R.S.C. 1985, c. C-46, s. 163.1), child pornography includes: a) a photographic film, video, or other visual representation, whether or not it was made by electronic or mechanical means, of explicit sexual activity with a person who is, or who is depicted as being under the age of eighteen years; b) any written material, visual representation, or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years; c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years; d) any audio recording that has as its dominant characteristic the description, presentation, or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years.

Church in Canada (Catholic): A conventional term used to refer to the ensemble of individual dioceses/ eparchies (or “local churches”) in Canada of the Latin and Eastern Churches, which are autonomous and individually incorporated under the leadership of a bishop.

Comment: There is no legal entity called “the Catholic Church in/ of Canada” or “Canadian Catholic Church.”

Church leadership: In the context of the present document, “church leadership” is a shorthand term for the phrase “bishops and major superiors or those equivalent to them in law.”

Clergy: In the context of the present document, clergy refers to bishops, priests, and deacons.

Delegate: The person named by an Ordinary to act on his behalf in relation to a specific issue. A person can be delegated for a particular case or for all cases relating to a specific issue (general delegation).

Delict: A crime in canon law punishable by reason of malice or negligence.

Derogation: The partial revocation of a law by a competent church legislator, usually in a particular instance. For example, a derogation from canonical prescription (the equivalent of time “limitations”) so that a case may be heard by a Church tribunal even though the prescribed lapse of time has expired. The law itself remains unchanged, but is not applicable in the particular case at end.

Dicastery: The word “dicastery” refers to departments of the Roman Curia, including the Secretariat of State, Congregations, Tribunals, Councils, and Offices.91

Diocese: Ecclesiastical jurisdiction under the leadership of a bishop or an archbishop.

Eparchy: Term used by the Eastern Catholic Churches to denote ecclesiastical jurisdictions under the leadership of a bishop or an archbishop (also called an eparch or an archeparch).

Episcopal Conference (also Conference of Bishops): As defined in the Code of Canon Law, “the Bishops’ Conference, a permanent institution, is the assembly of bishops of a country or a territory, exercising together certain pastoral offices for Christ’s faithful of their territory.”92

Comment: Although bishops participate in the activities of their Episcopal Conference, they are not accountable to it. As a general rule, the membership of a Conference of Bishops is constituted by bishops belonging to the Latin Church. The Eastern Catholic Churches have their own Synod, although, in some instances (as in Canada), they also are members of the Conference of Bishops.

Formator: A member of the teaching staff of a seminary or house of formation preparing candidates for ordination or the profession of the evangelical counsels through public vows approved by the Church.

Guidelines: The canonical norms contained in Part II of the present document issued by the Canadian Conference of Catholic Bishops (CCCB), following a review by the Holy See’s Congregation for the Doctrine of the Faith, intended to assist and guide bishops and major superiors.

Institutes: In the present document “institutes” refers, by extension, to a religious community or congregation of men or women, a secular institute, a society of apostolic life, and, by extension, a public association of the faithful, and new ecclesial movements whose members include clerics.

Comment: Canon law defines each of the kinds of institutes here listed.

Laity: Those members of the Christian faithful whose proper and specific state is secular and who, while living in the world, participate in the mission of the Church, but are not in holy orders, nor enrolled in the religious state.93

Major Superior: In the present document, “major superior” is used in a broad sense to refer to those persons who govern an entire religious institute, or a province, or a part equivalent to a province, as well as those who in societies, associations, and ecclesial movements exercise similar functions. Some major superiors are also Ordinaries: i.e., those who govern a pontifical clerical religious institute of pontifical right or society of apostolic life.

Minor: In Canada, the definition of “a minor” varies according to province. In the following five provinces, “a minor” is a person under eighteen years: Alberta, Manitoba, Ontario, Quebec, and Prince Edward Island. In Saskatchewan “a minor” is an unmarried person under sixteen years. In Newfoundland, “a minor” is a person under sixteen years (youth defined as a person who is sixteen years or older, but under the age of eighteen). In the remaining three provinces and three territories “a minor” is defined as a person under nineteen years: British Columbia, New Brunswick, Nova Scotia, Nunavut, Northwest Territories, and Yukon.94

Motu Proprio: A document issued by the Pope on his own initiative and personally signed by him.

Offender: In the context of the present document, “offender” refers to the person who has committed an act of sexual abuse against a minor.

Opinion (votum): An authoritative view or judgment based on fact or knowledge.

Comment: In forwarding a case to the Congregation for the Doctrine of the Faith, a bishop or major superior provides an informed opinion on the matter addressed in the particular case based on the evidence heard and collected.

Policy: A course or principle of action, with respect to the safeguarding of pastoral environments, adopted or proposed by a diocese or institute.

Preliminary investigation: The inquiry carried out either directly by an Ordinary, or through a delegate, in response to information received concerning a possible delict (canonical crime) committed by a person in the Church.

Protocol: The official procedure or system of rules governing the manner in which alleged and proven cases of sexual abuse of minors are addressed by Church leadership.

Recourse: The act of bringing to a higher authority a request to review an administrative decision of a lower authority. Recourse is distinct from an “appeal,” which results from a court action or a tribunal decision.

Religious: Persons who, by professing the evangelical counsels (poverty, chastity, obedience) through public vows approved by the Church or other sacred bonds approved by the Church, are consecrated to God.95 The term is used interchangeably and in combination with “members of institutes.” By extension, in this document, depending on the context, the term also applies to members of other institutes, societies, associations, and ecclesial movements.

Safeguarding: The action taken to promote the welfare of children (i.e., the provision of safe and effective care) and protect them from harm, abuse, and maltreatment.

Secular Law: In the present document, the term “secular law” refers to federal, provincial, and territorial laws in Canada, and encompasses the Common Law and Civil Law (Quebec). It is distinct from ecclesiastical law.

Sexual abuse (of a minor): In the present document, sexual abuse of a minor refers to “actual or threatened physical intrusion of a sexual nature against [a minor], whether by force or under unequal or coercive conditions.”96

Comment: “Sexual abuse” is a broad term, which includes a number of acts, including rape, sexual assault, sex with a minor, and sexual activity with a minor. All sexual penetration of a minor or sexual activity with a minor (i.e., use of a minor for sexual purposes) is prohibited. Mistaken belief in the age of the minor is not a defence.

While most forms of sexual abuse against minors are contact abuse, sexual abuse of a minor can also be committed without physical contact (so-called “non-contact abuse”). Common examples of “non-contact sexual abuse” are sexual exploitation and sexual harassment, including such verbal harassment as unwanted sexual comments.97

Regarding the use of the term “abuse of a minor” vs. “child sexual abuse,” the term “minor” and “child” are often used interchangeably when referring to a person under the age of majority.

The sexual abuse of minors is the primary focus of the present document and includes any misconduct or act deemed a sexual offence according to the Criminal Code of Canada, the laws of the province or territory in which the offence occurs, and canon law.

Sexual assault: Sexual activity with another person without his/her consent. The term “Sexual assault” is broader than “rape” because (a) it may be committed by other means than force or violence, and (b) it does not necessarily entail penetration.98 Common examples include lascivious acts, indecent contact, and indecent exposure.

Statute of limitations: In secular law, a prescription period or a time-limit for denouncing to the civil authorities the sexual abuse of minors or any other kind of sexual assault.

Comment: In secular law in Canada, there is no statute of limitations for sexual abuse of minors or any other kind of sexual assault.

Sui iuris: Generally, a Church sui iuris – literally, “of one’s own right” – identifies any Catholic Church having autonomy over discipline and liturgy, which is also united by a common doctrine. In this sense, the Latin Church is a Church sui iuris.

Comment: In a more specific sense, the expression “sui iuris” is used to identify an Eastern Rite Catholic Church. In effect, in the Code of Canons of Eastern Churches (CCEC), canon 27 states: “A group of Christian faithful united by a hierarchy according to the norm of law which the supreme authority of the Church expressly or tacitly recognizes as sui iuris is called in this Code a Church sui iuris.”

Survivor: In the context of the present document, “survivor” refers to a person who has suffered sexual abuse. The term is used interchangeably and in combination with “victim.”

Comment: It is noted that many different things can be meant by the term “survivor” given its complex nature.99 It is also noted that just as some people may reject the term “victim” others may not identify with term “survivor.”

Victim: In the context of the present document, “victim” refers to a person who has suffered sexual abuse. The term is used interchangeably and in combination with “survivor.”

Vulnerable adult: A person defined as an adult by secular statutes, but who lacks an adult mental capacity or who, by reason of advanced age, physical illness, mental disorder, or disability at the time the alleged abuse occurred, was or might be unable to protect himself or herself from significant harm or exploitation. Therefore, an adult who habitually lacks the use of reason is considered incapable of personal responsibility and is to be considered equivalent to a minor according to canon law100 and for the purposes of this document.

Zero tolerance: The term “zero tolerance” is used to convey clearly that no one who has sexually abused a minor shall remain in active ministry.