Reflections of a Judicial Vicar of an Appeal Tribunal on the Proposed Reform of the Canonical Matrimonial Process

On August 27, 2014, the Holy Father established a Special Commission of study for the reform of the canonical process in marriage nullity cases. The reform of the marriage nullity process was also part of the final report of the 2014 Extraordinary Assembly of the Synod of Bishops. The author, Judicial Vicar of the Canadian Appeal Tribunal, reflects on this proposed reform of the canonical matrimonial process and offers some further thoughts based upon his academic experience and his service as Judicial Vicar. His reflections are focused on (1) the simplification of the procedure in first instance tribunals; (2) the dispensation of the requirement of second instance for confirming affirmative sentences of first instance; (3) the possibility of establishing an administrative means under the jurisdiction of the diocesan Bishop; and (4) the interaction between canon law and civil law. Are the proposed changes not introducing the practice of divorce and thus giving up the indissolubility of marriage?