When Kneeling Was Nearly a Crime

As tough as things continue to be for faithful Catholics these days (link to story of Bishop Tod in California), we must honestly say that the dark days of the end of the pontificate of Paul VI and the first few years of John Paul II must have been even worse. I was reminded of this when I learned of this 1985 criminal case, wherein a Bishop brought recalcitrant Catholics to court. Their crime? To quote from the case: "Disturbing religious worship: Accused kneeling to receive communion instead of standing."

The appellants are Roman Catholics who were charged, pursuant to s. 172(3) of the Criminal Code, with wilfully disturbing the order or solemnity of an assemblage of persons met for religious worship. The appellants opposed a change in the liturgy, approved by the Bishop, requiring communion to be received by parishioners while standing rather than kneeling as had been the previous practice. As a result of this liturgical change, there had been an ongoing dispute between appellants and their parish priest and other members of the congregation. A diocesan directive, describing in particular the manner communion was to be administered and received, was regularly read at services and twice during mass on the day in question. However, appellants attempted to receive communion in a kneeling position. Each was told by the priest to stand if he wished to receive it. After a few seconds, each one stood and, without having received communion, returned to his seat in an orderly manner. The trial judge convicted the accused, finding their actions hampered the spirituality of this part of the service, held up the communion lines briefly and created a degree of anxiety and tension which distracted the priests and some members of the congregation. Both the County Court and the Nova Scotia Supreme Court, Appellate Division, upheld the conviction.

The case went all the way to the Canadian Supreme Court, where the conviction was finally overturned.

go to main page