The former minister of a four-point charge in Prince Edward Island who claimed she was fired because she is a woman had her claim upheld by the P.E.I. Human Rights Commission when it ruled in her favour in August.
“The Panel does not find persuasive the Respondent's [presbytery's] suggestion that the animosity faced by Rev. Matheson, which ultimately resulted in her termination, was caused by her style of ministry,” states the panel in its decision. “The Respondent did not take the appropriate steps to deal with the harassment. In addition, the Respondent placed the blame for the incidents and the deterioration of the pastoral relationship on Rev. Matheson. The Panel finds that Rev. Matheson was subjected to a difference of treatment on the basis of gender.”
The presbytery, however, has filed a judicial review, arguing that it did not receive a fair trial. “We feel, as a presbytery, that a great portion of our testimony was ignored,” said Rev. Paula Hamilton, clerk of the Presbytery of P.E.I. “It was disheartening.”
Hamilton, who has served in the presbytery for eight years, said it will be months before a Supreme Court of P.E.I. judge reviews the hearing's transcripts, and decides if overturning the ruling or ordering a new trial is warranted.
The presbytery must also wait to find out what damages, if any, are to be paid to Matheson. The panel will meet again after hearing from the lawyers involved in the case. Matheson could not be reached for comment.
Litigation began in 1996, when Matheson, who had served at the Murray Harbour North pastoral charge for 10 years, was fired. She complained of being harassed and stalked, said she was sent anonymous letters expressing opposition to female ministers, and accusing her of being in a lesbian relationship and of sexual abuse, was told to seek psychiatric counselling and that the presbytery failed to act when she made her complaints known — all because she is a woman. Her stalker, Elmer MacPherson, chairman of the manse committee, was tried and convicted in provincial court in 1991.
The presbytery argued that Matheson was not let go because of her gender, but because the pastoral tie was beyond repair after years of confrontation and strained relationships. It argued that her treatment of her parishioners was unacceptable, and that they no longer trusted her as a minister. The presbytery denies Matheson's allegations, stating (as summarized in the panel's report), that it had “at all times acted in good faith and made earnest efforts to support Rev. Matheson and that it was her conduct that alienated her from her congregations to the point where the pastoral tie was no longer workable or sustainable.”
There are currently five female ministers serving charges in the presbytery, and both the presbytery clerk and moderator are women.
The 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. The policy was revoked in 1990. – AM
