Kelene Blake

“Church law is to build habits that lead us to the kingdom of God.” This is the view of Fr Joseph Harris, Judicial Vicar of the Archdiocese of Port of Spain.

In an interview he explained that the Catholic Church has its own laws (Canon Law). Sometimes the Church is called to decide matters or adjudicate between people, so the Judicial Vicar is like a judge who implements the Catholic Church’s law.

One may wonder why the Catholic Church needs laws or Canons. Fr Harris used an example from his own life to illustrate the effect of laws.

He said that many years ago when he first went to the US he found himself driving on the wrong side of the road, almost causing an accident. “It struck me that I had a habit which was formed in me by the laws of the land (T&T) – the laws of the land saying drive on the left... When I went to another country I had to create a new habit of driving on the right. In other words, laws build habits.”

In the context of the Catholic Church, the most important purpose of Canon Law is to build habits that lead us to the kingdom of God. “Church law speaks about the right of people to their good name, Church law speaks about the need for people to work in consensus, all of which are supposed to build this world of harmony, of peace, of justice, which is the kingdom. The role of the judge in Church law is to say whether or not a kingdom habit was revealed here – is this of the kingdom or not?”

Canon Law and the rights of people

To become a Judicial Vicar one needs at least a licentiate in canon law, which is like a specialist degree. Canon law is not a field that is exclusive to priests.

Anyone who is interested can become a canon lawyer. There are several universities around the world where canon law is taught. Internationally there are a lot of laywomen and men who study canon law and become canon lawyers.

Fr Harris only knows about two other local canon lawyers – both are priests. He admits there may be others he does not know about, but he thinks more people need to be aware of the field.

Fr Joseph also pointed out that many lay people need to be aware of their rights as prescribed by canon law. “The law of the Church is very insistent on the rights of lay people. I suppose lay people know their obligations, but they don’t know their rights.

Lay people have a lot of rights in the Church. They have a right to take part in sacraments. If they have a right, the clergy has a corresponding obligation. They have a right to their good name, they have a right to (Catholic) education. People in the Church have certain rights.”

The Metropolitan Tribunal

The Metropolitan Tribunal, also known as the Marriage Tribunal, deals with many matrimonial cases, particularly divorced couples seeking annulments. “Ninety or 95 percent of the cases we deal with are matrimonial cases” said Fr Joe.

Fr Joseph Harris in his office at the Catholic Centre

However, the tribunal also deals with other things such as advising people on the sacraments or, for example, if a group wants to be a legally recognised lay institution in the Catholic Church they arrange this through the tribunal. They also oversee certain aspects of Catholic education and at times adjudicate between priests and people.

Most of the tribunal’s work ends up being the investigation of failed marriages, to see if the marriage was valid in the first place. If it is found that the marriage was not valid then declaration of annulity is given.

What makes a marriage invalid? “Marriage is defined by the Church as a partnership of the whole of life for the good of the spouses and for the procreation and education of children. There are three essential elements there... if either of the parties did not intend one or all of those essential elements the marriage would be invalid… I suppose we can look at a marriage and ask ourselves whether this marriage was intended – whether the people intended – to build God’s kingdom when they got married. Did they intend to have just, harmonious relationships? Were they lying when they went into this marriage? Did they intend to be faithful and to be a reflection of God’s love?”

When asked what is the most prevalent reasons why marriages are declared invalid Fr Harris replied that locally the reason is unfaithfulness. “Some people go into marriage fully intending to have other partners and not the one partner.”

“The other big problem” he added, “is that people go into marriage with no real sense of what marriage means, therefore they cannot live up to their obligations.”

He went on to explain that some people are not prepared to give up the single life and try to go on living just as they were before they got married. “When that happens there is no partnership.”

However, just claiming these reasons does not necessarily mean a couple will be given an annulment. The Church holds the sacrament of marriage as sacred. This is why every marriage brought before the tribunal is investigated. “We do not examine marriages unless the people have divorced and there is no hope of reconciliation.”

Also, the Church does not accept the ruling of only one judge. Every declaration of annulment is automatically appealed. The appeal court is in Jamaica.

So after a declaration of annulity is given in Trinidad, it has to be sent to Jamaica where it is judged again. If the tribunal in Jamaica agrees with the declaration that is made the annulment given. If Jamaica overturns a judgement it then goes to Rome where the final decision is made.

Church law is about relationships

In essentials, Church law is about fostering positive relationships and upholding people’s rights within the Church. “Church law talks about the relationships between people. They have to be relationships of the kingdom.”

When Church laws are followed in such a way that they become habitual behaviours rather than obligations, they help Catholics follow more closely in the footsteps of Christ. “So Church law is not about controlling people,” says Fr Harris, “Church law is about building the kingdom of God.”