The Presbytery of P.E.I. is appealing an “unprecedented” decision by the province's human rights commission to pay more than $600,000 in damages to Rev. Gael Matheson — damages for which, the commission's executive director says, members of presbytery may be “personally responsible.”
In its decision on damages released in May, the commission also ordered presbytery to find Matheson a new job. In August 2006, the commission said it accepted Matheson's claim that her pastoral tie was severed because she is a woman.
The damages are the highest ever awarded by the commission. Presbytery had offered about $100,000 to cover a year's salary and legal fees.
“It's unprecedented,” said Alex Godfrey, lawyer for the presbytery. “It's a very unusual award, and it is much higher than normal.” But Matheson's lawyer, Peter Ghiz, said the damages were “simple mathematics.” “We looked at her past income and what was lost over the years, and we came to that figure.”
Commission executive director Greg Howard said that individuals could bear some of the blame. “As an unincorporated association, presbytery is no more than its individual members,” he said. “So every name of every individual person who sat on presbytery during this case could potentially be held personally responsible.”
While presbyteries now have insurance to protect its members, when this issue first arose more than 10 years ago, presbyteries were not covered for such liabilities.
Litigation began in 1996 when Matheson, who had served at the Murray Harbour North pastoral charge since 1983, was fired. Presbytery says it was because the pastoral tie was beyond repair after years of confrontation and strained relationship. Matheson says it was sexual discrimination. It was her first ministerial position.
She said harassment began as early as 1986. She was stalked, sent anonymous letters expressing opposition to female ministers and accused of sexual abuse and being in a lesbian relationship. She said during this time presbytery failed to act when she made her complaints known — all because she is a woman.
“The ultimate damage occurred when the church [Matheson] had grown up in and wished to minister within removed her ability to make a living or follow her calling,” the human rights panel said in awarding damages. “It is clear to the panel that Rev. Matheson has endured public humiliation that will stay with her for the rest of her life.”
Presbytery has asked the P.E.I. Supreme Court to review both the damages and the hearings. Godfrey said the main concerns are the amount of the award and the reinstatement.
Ghiz said he understands the church sees ministry as a call, but reiterated the panel's ruling that presbytery has to find a new position for Matheson “acceptable to her.” He said Matheson won't comment until the case is settled.
“Just because you're a religious organization, doesn't allow you to circumvent the normal rules,” said commission director Howard. “What the panel has said all along, and other churches should take note, is that churches with a structure like the Presbyterian Church do not get a by because its structure does not allow for the decision-making that employers normally make.”
Placing the 60-year-old Matheson into a new position poses a particular problem for a denomination in which ministers are called by congregations not placed by presbytery. “We're at the mercy of the court system to see what they decide, ” said presbytery clerk Rev. Paula Hamilton.
Matheson brought several appeals to General Assembly in 1996, which were dealt with over the next two years through a special commission. Matheson disagreed with the commission's terms of reference and refused to present her case or show up to the meetings. As a result, her complaints were abandoned. She took her case to the human rights commission in 1998, which rejected her case twice. On an appeal, a P.E.I. judge ordered the case heard.
There are currently five female ministers serving charges in the presbytery, and both the presbytery clerk and moderator are women. The interim minister who followed Matheson was also a woman, and there have been as many as seven female ministers (of 15 charges) at one time since her dismissal.
General Assembly approved the ordination of women in 1966, but still allowed existing churches and clergy to exercise a “liberty of conscience” when making a call. That right ended in 1990.
