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Fr. Raymond J. de Souza is the pastor of Sacred Heart of Mary parish on Wolfe Island, and chaplain at Newman House at Kingston, Ont.'s Queen's University.
Canada, U.S. have world's most extreme abortion licence
Desmond Tutu and hellBy Fr. Raymond J. de Souza
Victor Chan is the Dalai Lama's man in Vancouver, arranging the Buddhist monk's visits to that city. In a new book, The Wisdom of Compassion, Chan documents those visits, especially an encounter between the Dalai Lama and South Africa's Anglican Archbishop Desmond Tutu in Vancouver in 2004.
I haven't read the book, but the reporting of that meeting gives us an illuminating example of how the mainstream media covers religion. The headlines on stories about the book contained this eye-catcher: "God is not a Christian, says Tutu." An excerpt appeared online at The Huffington Post and created quite a buzz.
Desmond Tutu, a man of admirable courage, was indispensable to the dismantling of apartheid in South Africa and the subsequent truth and reconciliation commission. Yet as a theological thinker, Archbishop Tutu is rather unimaginative and predictable. On any controverted question, he reliably takes the position adopted by the fashionable view of the secular liberal consensus. So when he declared in 2004 to the Dalai Lama that "God is not a Christian" it was perhaps newsworthy given that he is a Christian clergyman, but it was not new. In fact, it is not even that remarkable, for God is not a disciple of Jesus Christ, which is what a Christian is. If Archbishop Tutu was to say that Jesus Christ is not God, or that He did not reveal who God is to us, that would be something different, for it would mean that Archbishop Tutu is not a Christian.
The archbishop did say something remarkable in that encounter, but it was not what was highlighted in media reports.
"The glory about God is that God is a mystery," Tutu said. "God is actually quite incredible in many ways. But God allows us to misunderstand her but also to understand her."
This too was given wide play, noting that the reference to God as "she" produced wild applause in the audience.
"I've frequently said I'm glad I'm not God," Tutu continued. "But I'm also glad God is God. He can watch us speak, spread hatred, in His name. Apartheid was for a long time justified by the church. We do the same when we say all those awful things we say about gays and lesbians. We speak on behalf of a God of love. The God that I worship is an omnipotent God. He is also incredibly, totally impotent. The God that I worship is almighty, and also incredibly weak.
"He can sit there and watch me make a wrong choice," Tutu continued. "But the glory of God is actually mind-blowing. He can sit and not intervene because He has such an incredible, incredible reverence for my autonomy. He is prepared to let me go to hell. Freely. Rather than compel me to go to heaven. He weeps when He sees us do the things that we do to one another. But He does not send lightning bolts to destroy the ungodly. And that is fantastic. God says, 'I can't force you. I beg you, please for your own sake, make the right choice. I beg you.' "
When Tutu speaks about God not being Christian, or God being "she" or about how Christians are beastly to gays and lesbians, it is trumpeted as extraordinary and courageous, even though it is neither, as witness the laudations in the hall.
What is remarkable though is that Tutu speaks about God's respect for our freedom to the point of making Himself weak. Some may think it bold to say that God is "impotent." From St. Paul onwards the Church has preached Christ crucified. That God makes Himself "impotent" before our freedom was commonplace in the preaching of the Fathers of the Church.
The news in the excerpt is that the impeccably liberal Desmond Tutu believes in hell. Hell means that God respects our freedom to the extent of honouring the consequences of our choices; a cosmos without hell is also without freedom. It is likely that Tutu's comments about hell were not met with rapturous applause, which is a good sign, because the preacher who always gets rapturous applause is not a preacher at all, but a panderer.
The mainstream media prides itself on being bold in challenging orthodoxies, both sacred and profane.
The Huffington Post thought it was doing just that in highlighting the apparent Christian heterodoxy of a great liberal hero, Archbishop Tutu. But he was just echoing the secular liberal orthodoxy. The actual news was that, whatever his views on gender and sexual orientation, Tutu was perfectly orthodox on the reality, and necessity, of hell in his conversation with the Dalai Lama.
The headline should have been: "Tutu reminds the Dalai Lama about hell."
(Fr. de Souza is the editor-in-chief of Convivium, a Canadian magazine of faith in our common life: www.cardus.ca/convivium.)
Glimpsing holiness through the joy of sportBy Fr. Raymond J. de Souza
AVE MARIA, FLORIDA - Notre Dame football brings together religion and sports in a particularly pleasing way, and for this football chaplain to be on hand in Miami for the college football national championship — Notre Dame vs. Alabama — was a blessing most pleasing indeed. It was a more conflicted blessing after the opening kickoff, from which point Alabama administered a severe beating to Notre Dame en route to its third national championship in four years.
A special gift on Gaudete SundayBy Fr. Raymond J. de Souza
Clothes may make the man, but vestments don't make the priest. The Mass is holy whether the priest is wearing beautiful vestments or something akin to a picnic blanket. That being said, liturgical vesture does matter; it doesn't make the priest or the Mass, but it can make both the priest and the offering of the Mass more worthy of the right worship of God.
We have emerged from a long period in which the norm in many Canadian parishes ranged from merely adequate to hideous. Happily though, in recent years one rarely sees the detritus of the 1970s, chasubles made out of rough fabrics and felt and apparently decorated by small children with poor motor skills. The same renewed care for the liturgy that resulted in the vastly improved new translation of the Mass is also manifest in priests choosing vestments that are elegant and evocative of Catholic devotions. Vestments ought to inspire the faithful to lift their vision toward divine things, not to avert their eyes altogether. It may even be that a priest more suitably adorned for the Mass might inspire the faithful to dress more elegantly too.
I think about vestments in a particular way on Gaudete Sunday, when the liturgical colour is rose, not the usual Advent violet. I am blessed to have more vestments than priests usually do. Some were made by my own mother, and others were made or purchased abroad, where vestments can be had at a fraction of the prevailing prices in Canada. Many of them have stories — made for my first Mass, for my sister's religious vows, bought for an anniversary or at a particular holy shrine — but my Gaudete Sunday rose chasuble has the best story of all.
In 2002, I was studying in Rome and Msgr. Charles Elmer, a long-time faculty member and spiritual father at the Pontifical North American College, had his 50th anniversary of priestly ordination that Dec. 20. The College celebration was set for Gaudete Sunday, and I asked Msgr. Elmer, both a friend and mentor, if there was anything he wanted. The old priest, who lived very simply, said he would like to offer his anniversary Mass in the same kind of Roman chasuble that he wore at his ordination in 1952 at St. John Lateran in Rome. The College did not have a rose-coloured Roman chasuble, so to honour a priest greatly beloved and admired, I bought Msgr. Elmer a new one, simple but elegant, from Gammarelli, the Roman ecclesiastical haberdasher. He was touched and happy.
We did not count on the objection of the College's then liturgical director, a younger priest. Whether he objected to using something the College did not own, or whether he objected to the Roman vestment, or whether he took perverse delight in asserting his authority against a priest more senior than he, I do not know, but he told Msgr. Elmer that because the dozens of concelebrants could not all wear rose, the rose chasuble could not be worn. He was wrong on liturgical grounds, and it was wrong to deny the modest request of a venerable priest. (When a few years later he suffered the acute embarrassment of being dismissed in mid-semester, I thought it well-deserved, though I regretted it was for other behaviour, and not for how he had treated Msgr. Elmer.)
In any case, Msgr. Elmer, a D-Day veteran, handled the situation with humility and grace. He declined to do what I advised, which was to show up in the sacristy clad as he wished and dare anyone to tell him otherwise. Instead, he took me aside, thanked me for the gift and said that he would do that if I insisted, as I had bought him the gift he had desired. But his own preference would be to obey the whims of the liturgical director. I was disappointed for him, and angry too. I was quite eager for a fight. Msgr. Elmer taught me that one goes to Mass not eager for a fight but ready to receive a gift. And so he gave me one.
"Raymond, I am an old man now and not many years are left. You are just newly ordained. I am grateful for your gift, but now do me another kindness and receive this gift back from me to you, from an old priest to a young one," Msgr. Elmer told me. "You will have many Sundays to wear it, I will have few."
Msgr. Elmer actually had eight more Gaudete Sundays; he died in September 2011. This year would have been his 60th anniversary. I received back the gift I had given, and every Gaudete Sunday I wear it, remembering a great priest who knew how to rejoice in the Lord always.
St. Joseph, a small but great man of historyBy Fr. Raymond J. de Souza
At his Angelus address on Dec. 9, Pope Benedict commented upon the Sunday Gospel, in which St. Luke carefully lists the various rulers, sacred and profane, when St. John the Baptist began his preaching.
Salt+Light is alive!By Fr. Raymond J. de Souza
And still going strong after 10 years
I have been writing about a lot of anniversaries this year — 1,700 years since Constantine's victory at the Milvian bridge, 500 years since the completion of the Sistine Chapel ceiling, 50 years since the opening of the Second Vatican Council. In the secular calendar, we have had the diamond jubilee of Her Majesty Queen Elizabeth and the 30th anniversary of the patriation of the constitution, including the Canadian Charter of Rights and Freedoms.
In the light of all that, 10 years may not seem like very much — though I did write about my own 10th anniversary of priestly ordination this past summer. Another anniversary comes this week. Ten years for Salt + Light Television, and it is an occasion worth celebrating.
Fr. Thomas Rosica, director of World Youth Day 2002 in Toronto, founded Salt + Light TV in the months after WYD, with the generous support of the Gagliano family. The name Salt + Light came from the theme of the WYD itself, taken from the Sermon on the Mount, where Jesus tells His disciples that they are to be the salt of the earth and the light of the world.
This week Salt + Light marks 10 years since its establishment, even though it did not begin broadcasting until June 2003. The major celebratory event was the Dec. 5 Christmas concert with The Priests, but we had something of an anticipated celebration in Kingston when Fr. Rosica and Sebastian Gomes visited our archdiocese Dec. 2. They offered two presentations — one in Sebastian's home parish in Perth, Ont., and the other at our cathedral — on the new evangelization, reporting on their experience at the recent synod on the new evangelization in Rome.
Fr. Rosica served among the synod officials, briefing the English-speaking journalists. Gomes is one of the network's dynamic young journalists who, along with his colleague Cheridan Sanders, covered the synod. Their report stressed two points. First, that the new evangelization is not to teach people about Jesus, but to help people encounter Jesus. Second, that faithful Catholics themselves have to be converted anew and feel a new enthusiasm for their faith. Without this new enthusiasm, we won't desire to share our faith with others.
Salt + Light, a powerful initiative for the new evangelization in Canada, is entering its second decade launching a new program that attempts to do just that. Hosted by Gomes and Sanders, The Church Alive takes its title from Pope Benedict XVI's inaugural homily, wherein he proclaimed that the "Church is young, the Church is alive." It was not exactly the "be not afraid" of Blessed John Paul II's inaugural homily, but it speaks of Benedict's priority for the new evangelization. The Church is alive in Jesus Christ to be sure, but needs to become more lively, precisely in those places where the Church is in critical condition.
The Church Alive is described as "fast-paced," meaning that its pilot episode covers the year of faith, the Second Vatican Council and Blessed John XXIII in the first four-and-a-half minutes. It's aimed at making young Catholics excited about their faith and equipping them to share it with their contemporaries. This is not your grandmother's religious TV. Gomes on the documents of Vatican II: "These are absolutely huge."
Huge, indeed. Imagine what that would make Ephesus or Trent. Enormous.
Gomes and Sanders are just the latest innovation from Salt + Light in presenting the faith. Gomes reveals something of the Salt + Light secret when he says that the staff at Salt + Light is not permitted to say that something can't be done, or that we have never done it that way before.
The new evangelization requires, by definition, new methods. And so not having done something that way before is often an advantage. At 10 years, Salt + Light is no longer new, but it is still doing new things and is very much part of the new evangelization in Canada.
Having led the reform of the Newman Centre at the University of Toronto in the 1990s, World Youth Day in 2002 and now Salt + Light for 10 years, Fr. Rosica is becoming — if one might put it this way — a young elder of the new evangelization. The continuing good news about Salt + Light is that there are a great many young evangelists following behind him. Salt + Light — ad multos annos!
Coronation anthems and Christian cultureBy Fr. Raymond J. de Souza
As the days grow colder and the nights longer, George Frideric Handel returns to the choir loft and the concert hall, to say nothing of the shopping mall. The naturalized British composer's Messiah is sung by amateurs and professionals alike in these weeks. All of which is rather curious, for the celebrated "Hallelujah Chorus," in salute of which both princes and peasants rise to their feet, is part of a vast biblical libretto — stretching from Isaiah to Revelation — and takes its place after the Ascension. So the chorus properly belongs more to Easter than Christmas, but Christmas is where it has stuck in our cultural imagination.
Handel though, especially this year, could be considered a fitting adornment for Christ the King. In 1727, Handel was commissioned by King George II to compose anthems for his coronation. Handel composed four anthems for the occasion. So magnificently did he fulfil this royal patronage that his music is now perpetually associated with the coronation of British monarchs.
Thus it was an inspired decision by the Melos Choir and Chamber Orchestra of Kingston to perform the coronation anthems at St. George's Anglican Cathedral in celebration of the diamond jubilee of Her Majesty Queen Elizabeth II. St. George's just being a short walk down Johnson Street from our own Cathedral of the Immaculate Conception, it was easy enough to attend the Sunday afternoon concert before returning to offer the evening Mass. For good measure, I took along the students who sing at Newman House for an afternoon of Christian culture.
Handel's coronation anthems are settings of biblical passages which, when employed for coronations, make manifest that kingship in this world is to be patterned on the kingship of Christ. The aspiration of kings should be — literally — the listening heart of Solomon, that he might govern the people wisely.
King Solomon is the focal point of the most famous of Handel's anthems, "Zadok the Priest." The text is an adaptation of I Kings 1:38-40: "Zadok the Priest and Nathan the Prophet anointed Solomon King; and all the people rejoiced, rejoiced and said: 'God save the King! Long live the King! God save the King! May the King live forever. Amen. Alleluia!' "
That biblical text has been used in every coronation of English (and later British) monarchs since that of King Edgar in 973 at Bath. Handel's setting, after its spectacular debut in 1727, has been repeated at every coronation, including that of Queen Elizabeth 60 years ago. Indeed, after King George II died, composer William Boyce was commissioned to produce new settings for the coronation in 1761 of King George III. Boyce accepted, but declined to provide a new setting for "Zadok," arguing that Handel's setting could not be improved upon. He was right.
The Melos musicians did a splendid job of performing the anthems, and the setting of the Anglican cathedral was a reminder that these anthems are properly prayers for a gracious and noble sovereign, even as the royal anthem of "God Save the Queen" is a simple prayer.
The coronation anthems — in addition to "Zadok," they include "My heart is inditing," "Let Thy hand be strengthened" and "The King shall rejoice" — constitute a corpus of Christian culture. They are liturgy which soars, combining splendid sacred music with the word of God. As music does at its best, they mark something of the majesty of a moment and bring it easily to mind upon hearing just a few bars. As "Adeste fidelis" or "O Holy Night" immediately bring to mind Midnight Mass, the coronation anthems, even if performed at the concert hall instead of a cathedral, bring to mind not only the pomp and pageantry, but also the sacral character of Christian kingship.
As a liturgical genre, the anthem is an Anglican speciality, combining the textual brevity of a Roman antiphon with the power of a great hymn. The coronation anthems are a fine introduction to anthems for Catholics who may be unfamiliar with them.
A final treat from the diamond jubilee sacred music concert was the singing of the royal anthem — and not just the first verse of "God Save the Queen." Here's the Canadian verse for our Queen: "Our loved Dominion bless with peace and happiness/ From shore to shore/ Let our Queen's realms all be united, loyal and free/ True to themselves and thee/ Forevermore."
Listen to Handel's Messiah this December to be sure; but even before Advent begins, in this week of Christ the King, listen to the coronation anthems, from the composer of Christian kingship.
Viva the fight for Christian liberty!By Fr. Raymond J. de Souza
Viva Cristo Rey! Long live Christ the King!
That was the defiant cry of the Cristeros, and the Feast of Christ the King is a fitting time to remember a dark period in history. Never heard of the Cristero rebellion? Most have not, including in Mexico. It is a story we should know.
In the 1920s, the Mexican government of Plutarco Calles waged war on the Catholic Church. Not metaphorically, but literally, with laws that proscribed worship, restricted the conduct of the clergy, interfered in the governance of the Church and trampled upon religious liberty — all of it enforced by the armed power of the state. It was totalitarianism just across the Rio Grande.
The Cristeros were faithful Catholics who rose up — both in armed rebellion and by other means — to defend their faith and their religious freedom. They proudly proclaimed they were fighting for Christ the King and the Virgin of Guadalupe.
The Cristero war lasted from 1926 to 1929. Thousands of Mexicans suffered violent persecution for the faith — priests hanged in their churches, religious shot down by firing squad in the town squares, faithful men and women jailed, tortured and killed in hatred for the faith.
After this shameful period of Mexican history concluded, official Mexico decreed that it would not speak of its shame. Consequently, few people are even aware that a fierce religious persecution took place less than a hundred years ago in North America.
All this is remedied by a film every Catholic must watch, For Greater Glory, which tells the story in a magnificent way, comparable in acting and production to any major Hollywood film. Released in theatres in the United States in the spring, it did not have theatrical release in Canada. The DVD went on sale in the United States on Sept. 11, and will be released in Canada on Dec. 18.
Last week I wrote about the feminine soul and recommended as a Christmas gift a book — My Sisters, The Saints — that gives a compelling account of a distinctly contemporary path of Catholic feminine discipleship. This week, might I suggest this movie, martial in content, which highlights a complementary masculine path to holiness — and all the more compelling for those manly virtues are demonstrated heroically by a 14- year-old boy.
Blessed José Luis Sanchez joins the Cristeros after witnessing the martyrdom of his parish priest. This teenage martyr was beatified in 2005, and the cinematic portrayal of his heroic life is profoundly moving. Even more impressive, the heroism of the boy moves the mercenary general, hired to lead the Cristeros, to genuine conversion.
The general's story is one of a great military man who no longer has a great cause to give his life to, and who does not share the tradition of faith with his own wife and the Mexican people. The general learns from the boy the heart of manly virtue, which is to embrace with great courage a noble cause, a cause greater than one's own achievement.
Upon enacting the laws prohibiting worship, President Calles told the French ambassador to Mexico that "without Mass and the sacraments the Mexican people will soon lose their faith." He was right about the consequences of being denied the sacraments, but he was wrong in thinking that the Mexican people would not fight for their faith, fight for the sacraments and fight for the Mass.
All of this is suitable to bring to mind on the Feast of Christ the King. Aware of the attacks on Jesus and His Church around the world — both the Russian and Mexican revolutions of 1917 turned viciously against religion — Pope Pius XI declared in December 1925 a new feast, the Feast of Christ the King. The Holy Father reminded the world that the kingship of Christ was not subject to the ambitions of tyrants.
"The annual and universal celebration of the feast of the Kingship of Christ will draw attention to the evils which anticlericalism has brought upon society in drawing men away from Christ, and will also do much to remedy them," wrote Pius XI in his 1925 encyclical, Quas Primas. "While nations insult the beloved name of our Redeemer by suppressing all mention of it in their conferences and parliaments, we must all the more loudly proclaim His kingly dignity and power, all the more universally affirm His rights. The way has been happily and providentially prepared for the celebration of this feast ever since the end of the last century. … The kingship and empire of Christ have been recognized in the pious custom, practised by many families, of dedicating themselves to the Sacred Heart of Jesus; not only families have performed this act of dedication, but nations, too, and kingdoms. In fact, the whole of the human race was at the insistence of Pope Leo XIII, in the Holy Year 1900, consecrated to the Divine Heart."
I saw the film in Michigan on the Feast of the Sacred Heart last June. I cannot recommend highly enough planning to obtain and see this film now, with Christ the King upon us.
Viva Cristo Rey!
The feminine soul brings a distinct beauty to the faithBy Fr. Raymond J. de Souza
The feminine soul, created in love and for love, can be a lovely thing to encounter. One of the joys of my life these past 10 years has been the spiritual direction of young women on campus. The soul of a young woman, searching for her own mission and vocation in life, and for a foundation upon which to build her life, has a certain aptitude for discovering the Lord's love and offering a response to it.
Working with the young women at Newman House on Queen's University campus is to come to love the feminine soul, which brings a certain beauty to the life of a Catholic chaplaincy. The world looks upon young women rather superficially, noting the physical attractiveness which accompanies youth, but the feminine soul has a beauty from within that contributes something to the loveliness of the faith.
Colleen Carroll Campbell is a lovely soul who has had something of a difficult road in discovering the love of God and the loveliness of faith. In her case, she is typical of young Catholic women, in their university years and afterward. The ambient culture doubts whether love is truly possible and whether the feminine heart can find an enduring answer to its deepest desires. Campbell's book My Sisters The Saints tells the story of her soul and does so in a distinctively feminine way. Those who observe the praiseworthy custom of giving books as gifts should buy not one but several copies of Campbell's book and give them to the Catholic women they know.
Campbell's spiritual memoir opens with a familiar campus scene. A night of partying has left her surprisingly empty. A Catholic girl not terribly serious about her faith — observant but not fervent — she has discovered that campus life, ranging from the superficial to the debauched, has left her wanting something more. It is the story of St. Augustine told once more — the mind searching for enduring truth, the heart searching for deeper meaning, the soul searching for fulfilment.
"Better to be labelled shallow, stuck-up, drunk or debauched — anything but devout," writes Campbell about the campus scene in telling words. She became reluctantly devout, which began a surprising adventure in faith.
What follows after graduation is an astonishing series of events in which Campbell confronts almost all of the issues that Catholic women confront. She faces the challenge of reconciling her professional aspirations with the decision to marry; the challenge of caring for a father suffering dementia; the challenge of dealing with infertility in the light of the moral law; and the challenge of combining a deeper prayer life with the demands of successful career as a professional writer, author and television commentator.
Campbell's memoir stands out because she finds, at various times in her life, profound guidance in great women saints. Teresa of Avila in moving from superficiality to spirituality; Therese of Lisieux on dealing with her father's descent into second childhood; Faustina on trusting in God when making career and family decisions; Teresa Benedicta of the Cross (Edith Stein) on motherhood when suffering from infertility; Mother Teresa on darkness and suffering in the face of her father's death; and the Blessed Virgin Mary as the model disciple. Sisters in Christ are speaking to each other across the centuries, and Campbell draws inspiration and illumination from the women who went before her. Not only a testament to the power of holy women to draw others close to the Lord Jesus, Campbell's pilgrimage is one that brings alive the reality of the communion of the saints. It is a Catholic story as ancient as the Gospel and as new as the headlines.
This book will resonate deeply with Catholic women, but men should not be dissuaded from reading it. Men who wish to understand the feminine soul but are not spiritual directors will learn something of how grace works in the lives of their mothers, sisters, wives, daughters and friends. For priests, it will assist them in the care of souls and give them a source of encouragement to offer young women who are seeking to be faithful disciples. Such contemporary testimonies are essential, for the transmission of the faith and the formation of Catholic culture has been from time immemorial something more accomplished by women than men.
One example from Campbell's book makes that point. She writes of learning the Memorare prayer — Remember O most gracious Virgin Mary — as a school girl and it became her favourite. It too is my favourite, and the one that most often comes to mind spontaneously. It is perhaps the most Catholic of all prayers, turning all matters over to the Mother of God in confidence that no child of Mary is ever left unaided. I love the prayer too because I remember my own mother teaching it to me. Every time I pray the Memorare I am thus inserted in a conversation between my own mother and the Blessed Mother. The whole history of the Church is shaped by the conversation between the mothers of every time and the Mother of God — a distinctively feminine conversation. Campbell's book allows us to listen into that conversation, and it is lovely to do so.
Take heed of the prophetic, not the political, ChicagoanBy Fr. Raymond J. de Souza
The man from Chicago is, at this writing, in the final hours of a close election campaign. U.S. President Barack Obama is praised as a gifted orator. Yet his words, mellifluous though they can be, do not linger in the mind.
There is another man from Chicago whose words are not mellifluous for the most part, but almost everything he says bears examination and rewards serious engagement. That man is Cardinal Francis George, archbishop of Chicago for the past 15 years.
And of all the many things Cardinal George has said and written, the most frequently quoted in recent years was something that no one was absolutely sure that he said. As alarm about the erosion of religious liberty in the United States was on the rise, Chicago's archbishop reportedly made a prophecy many considered alarmist, namely that one day his successor would be martyred.
There were many sceptics that Cardinal George would have said such a thing. He is nothing if not sober, given more to measured statements than melodrama. But one would hear the prophecy repeated more and more often. Now we know the truth, for in his recent column in his diocesan newspaper, Cardinal George explains.
"The present political campaign has brought to the surface of our public life the anti-religious sentiment, much of it explicitly anti-Catholic, that has been growing in this country for several decades. The secularizing of our culture is a much larger issue than political causes or the outcome of the current electoral campaign, important though that is," George writes. One expects he had in mind, at least in part, the administration of his fellow Chicagoan.
"Speaking a few years ago to a group of priests, entirely outside of the current political debate, I was trying to express in overly dramatic fashion what the complete secularization of our society could bring," Cardinal George writes. "I was responding to a question and I never wrote down what I said, but the words were captured on somebody's smartphone and have now gone viral on Wikipedia and elsewhere in the electronic communications world. I am (correctly) quoted as saying that I expected to die in bed, my successor will die in prison and his successor will die a martyr in the public square."
So there it is. The man often praised as the leading intellectual light of the American episcopate did in fact predict that martyrdom would come to Chicago, even if he considers the remarks overly dramatic. Everything Cardinal George says is worth paying attention to, and in the current contested political climate it is sobering that he would return at this time to that dramatic vision of an American future which will betray its past.
Cardinal George knows better than most that martyrdom too has its place in the history of salvation. And he is a man of Christian hope. For the martyred bishop in Chicago's public square is not the end of the prophecy, which the cardinal demurs from calling prophetic:
"What is omitted from the reports is a final phrase I added about the bishop who follows a possibly martyred bishop: 'His successor will pick up the shards of a ruined society and slowly help rebuild civilization, as the Church has done so often in human history.' What I said is not 'prophetic' but a way to force people to think outside of the usual categories that limit and sometimes poison both private and public discourse."
Cardinal George placed his remarks in the line of anti-Nazi comments made by his predecessor, Cardinal George Mundelein, in the late 1930s. Encouraging Americans to support the struggle against the Nazi regime, Mundelein said:
"There is no guarantee that the battlefront may not stretch some day into our own land. Hodie mihi cras tibi. (Today it's me; tomorrow, you). If we show no interest in this matter now, if we shrug our shoulders and mutter … it is not our fight, if we don't back up the Holy Father when we have a chance, well, when our turn comes, we too will be fighting alone."
We all like to think that it can't happen here. Persecution and martyrdom is for other places, other peoples, other periods of history. Our default position is that our tradition of liberal democracy makes us safe from such dangers, immune from the principalities and powers arrayed against the Gospel from the beginning. As Americans exercise their democratic rights, it is wise to be wary that no liberty is eternally secure. This election season, it is important to listen to the prophetic, not political, man from Chicago.
Sistine Chapel turns 500, and its beauty is timelessBy Fr. Raymond J. de Souza
A Protestant colleague sent a playful e-mail from Rome a few weeks back, asking, "Don't you think the Sistine Chapel is a little over the top?"
To which Kara Johnson, a colleague at our magazine, Convivium, gave the perfect response: "Totally over the top. Over the lip of the vault and into… heaven!"
Michelangelo's vault of the Sistine Chapel is the greatest painted work in history, and contemplating the masterpiece from below, one beholds heaven from Earth, even as Adam gazes into the face of God at the moment of his creation. The ceiling is 500 years old, completed in 1512 after four years of painstaking work, unsurpassed artistic brilliance and a collaborative clash of titanic personalities — Michelangelo on one hand, and Pope Julius II on the other.
Thanks to the 1965 film The Agony and the Ecstasy we have a cinematic portrayal in which we glimpse the enormity of the task. Rex Harrison, playing Julius II, repeatedly demands of Michelangelo: "When will you make an end?"
"When I am finished!" Michelangelo, played by Charlton Heston, replies repeatedly and heatedly.
Michelangelo did eventually finish, and on the vigil of All Saints 1512, Julius II celebrated solemn vespers to bless the new work. Pope Benedict returned on Oct. 31 to mark a half millennium of magnificence.
On the 1,100 square metres of the ceiling, Michelangelo tells the story of creation and, with a boldness born of Christian theology and artistic genius, paints the very face of God. To see the face of God is the desire of every heart, but beyond the capacity of our vision. We therefore need the eyes of faith (theology) or an experience of beauty (art) in order to see past the limitations of the natural world.
The Sistine Chapel is the great synthesis of faith and art. It is a rare instance of perfection in human achievement — as in, for example, Bach's Mass in B Minor — which is naturally unsurpassable precisely because it is animated by the supernatural. Grace builds on nature, and Michelangelo's ceiling is a work of grace as well as human genius.
A great work of art is akin to a sacrament. It makes visible and tangible that which is invisible and intangible. One might even say that it renders comprehensible that which lies always beyond our comprehension. Julius II, for whatever other failings he had, knew well that the Christian faith needs art to help man encounter the divine.
"We need you," said Pope Paul VI in 1964, at a meeting with artists held in the Sistine Chapel. "We need your collaboration in order to carry out our ministry, which consists, as you know, in preaching and rendering accessible and comprehensible to the minds and hearts of our people the things of the spirit, the invisible, the ineffable, the things of God Himself. And in this activity … you are masters. Your task, your mission and your art consist in grasping treasures from the heavenly realm of the spirit and clothing them in words, colours, forms — making them accessible.
"If we were deprived of your assistance our ministry would become faltering and uncertain, and a special effort would be needed, one might say, to make it artistic, even prophetic. In order to scale the heights of lyrical expression of intuitive beauty, priesthood would have to coincide with art," Pope Paul added.
Pope Benedict XVI, at another meeting of artists in 2009, held again in the Sistine Chapel, called it a "sanctuary of faith and human creativity." Benedict frequently returns to the importance of beauty for the faith. In a sceptical world no longer sure of the truth, and in a degraded culture reluctant to judge anything good, it is beauty that alone which might raise the horizon to transcendent things.
"An essential function of genuine beauty, as emphasized by Plato, is that it gives man a healthy 'shock,' it draws him out of himself, wrenches him away from resignation and from being content with the humdrum — it even makes him suffer, piercing him like a dart, but in so doing it 'reawakens' him, opening afresh the eyes of his heart and mind, giving him wings, carrying him aloft," Benedict said in that Sistine Chapel address.
Tens of thousands pass through the Sistine Chapel each week. The chapel demands that they turn their head upward and strain their eyes to behold the glory of the ceiling, the glory of Michelangelo's work, the glory indeed of the Lord.
Five-hundred years on and Michelangelo's ceiling is still at work. When will it end? In heaven.


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Libyan Prime Minister Mustapha Abdul Jalil said on Wednesday that his government will do nearly anything to stop tribal leaders in the east of the country from taking steps to create a semi-autonomous region.
Jalil said Libya would even act "with force" to prevent Libya from being divided, reported Al-Jazeera television. "We are not prepared to divide Libya," he said after eastern leaders declared semi-autonomy at a meeting in Benghazi on Tuesday.
"They should know that there are infiltrators and remnants of [Moammar] Gadhafi's regime trying to exploit them now, and we are ready to deter them, even with force," Jalil added.
Tribal and political leaders want to create the semi-autonomous region of Cyrenaica with its own government, parliament, police force, and court system while leaving the federal National Transitional Council (NTC) to deal with international affairs.
"Some Arab nations, unfortunately, have supported and encouraged this to happen," Jalil said, without indicating which nations are involved, according to the broadcaster. "These nations are funding this kind of unacceptable strife … What happened today is the beginning of a conspiracy against Libya and Libyans."
Leaders in Cyrenaica, however, have argued that the oil-rich region has been marginalized and neglected for decades under Gadhafi, whose regime was toppled last October. Before that, monarch Idris Senussi had divided Libya up into three separate semi-autonomous states.
Tuesday's conference in Benghazi named Ahmed al-Senussi, a relative of the former monarch and a former political prisoner under Gadhafi's rule, the leader of the Cyrenaica Transitional Council, reported Al-Arabiya television.
In its declaration, the Cyrenaica Provincial Council will "administer the affairs of the province and protect the rights of its people," the station reported. The NTC, it added, will serve as Libya's "symbol of unity and its legitimate representative in international arenas."
Cyrenaica would stretch from the city of Sirte, located around a third of the way across Libya, to the Egyptian border.


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Barça's Second double session of the week
Barça completed their second double session in two days under the rain clouds. Little by little, coach Ronald Koeman has recovered more players from the first team to train under his watchful eye. This Wednesday morning Messi, Coutinho, Sergio, De Jong and Ansu Fati have re-joined the group. In the second session the team trained once again at the Ciutat Esportiva only this time without Messi, Sergio, Coutinho, De Jong and Ansu Fati who were not scheduled to take part in their personal programmes. Watch the highlights!


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Most Popular
Chelsea Closing In On Impressive Premier League Record
Chelsea became champions of England for the sixth time in their history with a 1-0 win over West Brom on Friday.
The Blues wrapped up title number six (five of which have come during the Premier League era) following a late goal from substitute Michy Batshuayi at the Hawthorns.
Here's Antonio Conte's incredible celebration as he watched Batshuayi score the title-winning goal:
Credit: Sky Sports
Antonio Conte's men have dominated the Premier League for most of the season, with an incredible 13 game winning streak between October and January cementing their place at the summit, where they have been unable to be budged, despite Tottenham's best efforts in the second half of the campaign.
The title is Conte's fifth as a manager, having lifted three Serie A titles as Juventus boss and also the Serie B title during his spell as manager of Bari. The Italian becomes the ninth different manager to win the Premier League and is the fourth Italian coach to achieve the feat.
Image: PA
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Given that the title is already in the bag with two games to spare, Conte has the option to rotate and give his fringe players opportunities in the final games.
But he may well want to continue fielding a strong side, with Chelsea closing in on an impressive Premier League record.
Image: PA
The Blues are currently on 28 Premier League wins for the season and as noted by The Mirror, a further two would see Chelsea become the first team in Premier League history to reach 30 wins.
Tottenham Hotspur claimed 31 victories in their title success in 1960/61, while Liverpool won 30 games in 1978/79 under Bob Paisley, though Chelsea would be the first team to do it in the 38-game format if they win their remaining two games against Watford and Sunderland.
Incidentally, it's Chelsea who hold the current Premier League record for most wins. Under Jose Mourinho, the Blues won 29 games in both campaigns when they won the title two years on the trot in 2004/05 and 2005/06 respectively.
Image: PA
Can Chelsea do it or will they take their foot off the gas and focus on the FA Cup final now that the title is sewn up?
Let us know your thoughts in the comments.
Featured Image Credit: PA
Topics: Chelsea, Premier League, record, Champions, Antonio Conte
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Category: Fiction
What they're saying in the Prepwise staff room:
Lisa: "I read this in a high school literature class. It was not a book that I would have chosen at the time but I was glad I read it. It's an important book that explores the concepts of sin and hypocrisy."


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By David Williams
Neil Harris insists worldly-wise wisdom can guide Cardiff City past Blackburn Rovers tonight and move them one step nearer towards clinching their place in the Championship play-offs.
The Bluebirds manager believes the experience of players like Sean Morrison, Joe Ralls, Junior Hoilett and Sol Bamba – who all won promotion with the club two years ago – can provide the foundation for another successful mission in reaching the Premier League again.
Cardiff welcome Rovers, holding a three-point lead over Derby County in seventh and a four point advantage over Swansea City with just five games left.
Since the resumption, Harris has seen his side pick up three wins and draw from four games and the manager feels the benefit of knowledge of this journey will see his team safely to their destination.
"We have boys who have won promotion. We are talking about Mozza, Rallsy, Sol, Junior – there are more, too," says Harris.
"But the lads who have come in more recently, too, are hungry to feel that. But the lads are realists. They are hungry and have the desire and we push them hard, but they know they have to work hard."
With 10 points added since coming out of lockdown, Harris' men have shown a ruthless streak to move three points clear in the fight for the final play-off place.
Last weekend's 1-0 win at Ashton Gate effectively pushed arch-rivals Bristol City out of the race, and cost manager Lee Johnson his job, and Harris wants more of them same tonight.
"It's down to us to keep on kicking other teams in the teeth, so to speak, by winning games. They are looking for us to lose to give them a crumb of hope," he said.
"Every time we win another game a team below us gets seen off. As ruthless as that might sound, that's how I see it.
"Blackburn have to come and beat us, if not they've got no chance. We know teams are chasing us hard and if I'm Derby, Swansea or Millwall, I'm certainly still looking above and thinking four wins from five and we've got a chance."
"When we came back from lockdown we were two points adrift, we are now three points clear with a better goal difference than other teams. With every passing match day we are getting closer to our goal of reaching the play-offs."
With three games in the space of six days it is going to be a hectic period for Harris and his side. The trip to Fulham on Friday is a fixture against a team they could yet meet in the play-offs, while next week's home clash with Wayne Rooney's Derby County will be a play-off six pointer.
"We are trying to build a winning mentality and culture. The club has had it in recent years with two promotions and the players are producing," added the manager.
Danny Ward came off the bench to notch a 16th goal this season for a Cardiff substitute to grab the win at Bristol.
German striker Rob Glatzel, who missed the match after scoring in the big wins over Leeds and Preston, will be back in contention tonight.
"As soon as you finish a game, you pick out the good and bad bits and then move on to the next game," said Harris.
"Mindset is so important. You have to have a WNG mentality – Win the Next Game!
"I feel really relaxed and I am really enjoying watching my team playing. When you have a bit of success you only want more and I can see improvement with every game.
"I don't feel hunted. We just want to keep winning games to improve our position."
City goalkeeper Alex Smithies, hoping for an 11th clean sheet in 26 games this season, wants to be able to dedicate a successful promotion campaign to the memory of his former Huddersfield Town Town team mate Jordan Sinnott.
Matlock Town's Sinnott – who played with Smithies and his Cardiff colleague Danny Ward at Huddersfield – was found with a fractured skull in January and subsequently died in hospital aged just 25.
"We used to go on holidays together and we were both at Danny's wedding last year. It's been a very tough period for me personally," said Smithies.
"It was great to see Danny scoring at Bristol and being able to show off his shirt paying tribute to Jordan. He would have wanted us both to go on and do well and I'd love to be able to dedicate a promotion campaign to him."


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The picture here was taken on a typical Sunday morning. Everyone woke up late and then scrambled for bath etc. Me and Bhabhi were running…Read More
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Nov 25, 2016
Matt and Jeff discuss the how to use popular amino acids and
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Lawrence County residents to vote on controversial quarry
Residents of Lawrence County will get the chance to vote on a proposed rock quarry.
County commissioners last month narrowly approved a permit for Rapid City-based Mountain View Ranches LLC, which is planning a 192-acre sand, gravel and rock quarry off Crook City Road.
Some area residents worry the operation will jeopardize historic trails and lead to other problems including noise, dust and road damage. They gathered enough petition signatures to bring the matter to a public vote.
Mountain View Ranches maintains that the area is appropriate for a quarry. The company has said only 10 acres would be operated at a time, and that land would be reclaimed as the work progressed.
The special election is scheduled Aug. 30.
SFBJ: Get more Sioux Falls Business Journal news and insights on Facebook and @sfbj on Twitter.


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Drilldown: Cases
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|A Local Authority v JB (2020) EWCA Civ 735
Capacity and sexual relations
"The issue arising on this appeal is whether a person, in order to have capacity to decide to have sexual relations with another person, needs to understand that the other person must at all times be consenting to sexual relations."
|B v A Local Authority (2019) EWCA Civ 913
(1) Overlap between different decisions; (2) Sex
(1) "The important questions on these appeals are as to the factors relevant to making the determinations of capacity which are under challenge and as to the approach to assessment of capacity when the absence of capacity to make a particular decision would conflict with a conclusion that there is capacity to make some other decision." (2) The Court of Appeal also decided on what is necessary to have capacity to consent to sexual relations.
|JG v Kent and Medway NHS and Social Care Partnership Trust (2019) UKUT 187 (AAC)
Non-legal research by judge
Judicial summary from gov.uk website: "Mental Health First-tier Tribunal - Judicial Bias - Apparent bias - Breach of Natural Justice - Procedural Irregularity. Where a First-tier Tribunal judge undertook non-legal research by accessing a court of appeal judgment in respect of the appellant, did this lead to a presumption of bias and automatic disqualification? Did it lead to a conclusion of a real possibility of bias? Whether so doing amounts to a procedural irregularity leading to a breach of natural justice in that it rendered the hearing unfair. In the circumstances appertaining there can be no presumption of bias leading to automatic disqualification. On the facts of the case there was no real possibility of bias. Undertaking the non-legal research was a procedural irregularity but on the facts the hearing was not unfair."
|London Borough of Tower Hamlets v NB (2019) EWCOP 17
Capacity to consent to sex with husband
"There is also evidence that indicates that NB very much enjoys the status of marriage, is affectionate to her husband [AU] and, on occasion, initiates sexual relations. This appears consistent with Ms Wilson's observations as long ago as 1996. The primary issue before the Court is whether NB truly has the capacity to consent to sexual relations. ... Unfortunately, the case attracted a great deal of media coverage, this notwithstanding that no argument had been heard and no Judgment delivered. A great deal of the comment was sententious and, in some instances, irresponsible. It is considered, by the Official Solicitor and the applicant Local Authority, that the impact of that publicity frightened AU very considerably, leading him to believe that he was likely to be sent to prison. He has left the party's flat and disengaged with these proceedings. ... [Mr Bagchi for the OS] submits it is a 'general' or 'issue-specific' test rather than a partner-specific one. If Mr Bagchi is correct, the difficulty that presents in this case is that there is only one individual with whom it is really contemplated that NB is likely to have a sexual relationship i.e. her husband of 27 years. It seems entirely artificial therefore to be assessing her capacity in general terms when the reality is entirely specific. ... As I said on the last occasion, these issues are integral to the couple's basic human rights. There is a crucial social, ethical and moral principle in focus. It is important that the relevant test is not framed in such a restrictive way that it serves to discriminate against those with disabilities, in particular those with low intelligence or border line capacity. ... Mr Bagchi has accepted that if a person-specific test were applied here then the outcome, in terms of assessment of NB's capacity may be different. ... I do not necessarily consider that the applicable test in the Court of Protection necessarily excludes the 'person specific approach'. I am reserving my Judgment ..."
|Manchester City Council Legal Services v LC (2018) EWCOP 30
Sexual exploitation, restrictions where adults have capacity
After a circuit judge endorsed a care plan which led to the repeated sexual exploitation by strangers of a young woman with autism and significant learning disabilities (who had capacity to consent to sexual relations but lacked capacity to make decisions on her contact with men), Hayden J provided guidance that 'where issues arise that may necessitate restrictions in areas where adults have capacity, these should be heard by a High Court Judge in the Court of Protection'.
|Miller v DPP (2018) EWHC 262 (Admin)
Appropriate adult
"This is an appeal by way of case stated from a pre-trial ruling of the Black Country Magistrates' Court sitting at Dudley on 13 October 2016 in respect of an information preferred against the Appellant for failing to provide a specimen of blood in breach of section 7 of the Road Traffic Act 1988, not to exercise its discretion under section 78 of the Police and Criminal Evidence Act 1984 to exclude evidence of the drug drive procedure at Oldbury Police Station that led to the charge being made. ... On 24 June 2016, the Appellant was stopped by the police on suspicion of driving under the influence of drugs. When arrested and taken into custody, he behaved erratically and aggressively. It appears that he was known to the police as a person who had learning difficulties and autism. ... As Mr Scott submitted, the presence of an appropriate adult (whilst not being able to provide technical, legal or medical advice) would have provided the Appellant with the opportunity not only to have the question as to whether or not to provide a sample explained to him, but also to obtain an appreciation of the consequences of failing to do so. He points out that the offence of failing to provide a blood sample is predicated not only on the person's comprehension of the requirement to provide a sample, but also of the consequences of failing to do so in terms of criminal liability. The Appellant was clearly very exercised whilst being detained, and there is a very real possibility that the presence of an appropriate adult would have calmed him, and led him to behave differently and make different choices from those he in fact made. ... [H]aving found there to have been a breach of Code C in failing to inform and summon an appropriate adult to the police station, we do not consider that the magistrates did properly exercise their discretion under section 78 of PACE not to exclude the evidence of the drug drive procedure. Their reasoning was, unfortunately, fundamentally flawed; and, had they exercised their discretion properly, they would have been bound to have excluded the evidence of the drug drive procedure."
|R (Hall) v SSJ (2018) EWHC 1905 (Admin)
Autism in prison
Unsuccessful judicial review by prisoner claiming breach of Equality Act 2010 reasonable adjustments duty.
|R v C (2008) EWCA Crim 1155
Capacity to consent to sexual activity
If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]
|R v C (2009) UKHL 42
Sexual consent
For the purposes of s30 Sexual Offences Act 2003: (1) lack of capacity to choose can be person or situation specific; (2) an irrational fear arising from mental disorder that prevents the exercise of choice could amount to a lack of capacity to choose; (3) inability to communicate could be as a result of a mental or physical disorder.
|R v Spencer (1987) UKHL 2
Nurses' appeal against ill-treatment conviction
Six nurses appealed against convictions for ill-treating a patient contrary to s126 Mental Health Act 1959 (the old equivalent of MHA 1983 s127), three successfully.
|R v Taj (2018) EWCA Crim 1743
(1) Appeal against conviction: "The defence sought to rely on self-defence as codified in s76 Criminal Justice and Immigration Act 2008 noting, in particular, s76(4)(b) which makes it clear that the defence is available even if the defendant is mistaken as to the circumstances as he genuinely believed them to be whether or not the mistake was a reasonable one for him to have made. Although s76(5) provides that a defendant is not entitled to rely upon any mistaken belief attributable to intoxication that was voluntarily induced, it was argued that as there was no suggestion that Taj had alcohol or drugs present in his system at the time, he was not 'intoxicated' and so was not deprived of the defence. It was also submitted that R v McGee, R v Harris, R v Coley [2013] EWCA Crim 223 supported the proposition that to be in a state of 'voluntarily intoxication' there had to be alcohol or drugs active in the system at the time of the offence. ... In our view, the words "attributable to intoxication" in s. 76(5) are broad enough to encompass both (a) a mistaken state of mind as a result of being drunk or intoxicated at the time and (b) a mistaken state of mind immediately and proximately consequent upon earlier drink or drug-taking, so that even though the person concerned is not drunk or intoxicated at the time, the short-term effects can be shown to have triggered subsequent episodes of e.g. paranoia. This is consistent with common law principles. We repeat that this conclusion does not extend to long term mental illness precipitated (perhaps over a considerable period) by alcohol or drug misuse. In the circumstances, we agree with Judge Dodgson, that the phrase "attributable to intoxication" is not confined to cases in which alcohol or drugs are still present in a defendant's system. It is unnecessary for us to consider whether this analysis affects the decision in Harris: it is sufficient to underline that the potential significance of voluntary intoxication in the two cases differs." The appeal against conviction was dismissed. (2) The application for leave to appeal against sentence was refused.
|R v Tunstill (2018) EWCA Crim 1696
Infanticide wrongly withdrawn from jury
"This was a case where the child was killed soon after birth so that this case can be distinguished from the situation where mental ill health, usually post-partum psychosis, develops over a period of time. Nonetheless, there was evidence from Dr Bashir and Dr Khisty which showed that notwithstanding the existence of the appellant's pre-birth mental disorder, the effects of giving birth had led to a further condition, characterised by Dr Bashir as an acute stress reaction which was a causative factor in disturbing the balance of the appellant's mind. The issue of causation is a matter of fact for a jury after appropriate direction from a judge as to what can constitute a legally effective cause. For the reasons given, we consider that the effects of birth are not required by s.1(1) to be the sole cause of a disturbance of balance of the mind. In the circumstances, we are persuaded that the judge should not have withdrawn infanticide from the jury. There was evidence fit for the jury's consideration. It is not for this court to assess the likelihood of its success. Dr Barlow's evidence was to the contrary, but the issue for us is whether a jury should have had this alternative option to consider. We think it should have had that opportunity. In the circumstances, therefore, the conviction for murder is unsafe and the verdict is quashed. In our judgment, the interests of justice require a re-trial and we so order."
|Re A (Capacity: Social Media and Internet Use: Best Interests) (2019) EWCOP 2
Social media and internet use
"I have reached the clear view that the issue of whether someone has capacity to engage in social media for the purposes of online 'contact' is distinct (and should be treated as such) from general consideration of other forms of direct or indirect contact. ... It is my judgment, having considered the submissions and proposals of the parties in this case and in Re B , that the 'relevant information' which P needs to be able to understand, retain, and use and weigh, is as follows: (i) Information and images (including videos) which you share on the internet or through social media could be shared more widely, including with people you don't know , without you knowing or being able to stop it; (ii) It is possible to limit the sharing of personal information or images (and videos) by using 'privacy and location settings' on some internet and social media sites; [see paragraph below]; (iii) If you place material or images (including videos) on social media sites which are rude or offensive, or share those images, other people might be upset or offended; [see paragraph below]; (iv) Some people you meet or communicate with ('talk to') online, who you don't otherwise know, may not be who they say they are ('they may disguise, or lie about, themselves'); someone who calls themselves a 'friend' on social media may not be friendly; (v) Some people you meet or communicate with ('talk to') on the internet or through social media, who you don't otherwise know, may pose a risk to you; they may lie to you, or exploit or take advantage of you sexually, financially, emotionally and/or physically; they may want to cause you harm; (vi) If you look at or share extremely rude or offensive images, messages or videos online you may get into trouble with the police, because you may have committed a crime; [see paragraph below]. With regard to the test above, I would like to add the following points to assist in its interpretation and application: ..."
|Re B (Capacity: Social Media: Care and Contact) (2019) EWCOP 3
Social media and sexual relations
"By this judgment, I set out my conclusions in relation to a range of capacity questions on issues relevant to Miss B's life, including her capacity: (i) To litigate in these proceedings...; (ii) To manage her property and affairs...; (iii) To decide where she resides...; (iv) To decide on her package of care...; (v) To decide with whom she has contact...; (vi) To use the internet and communicate by social media; (specifically, it is agreed that the question is 'whether Miss B has capacity to make a decision to use social media for the purposes of developing or maintaining connections with others')...; (vii) To consent to sexual relations... It is clear that the information relevant to the decision in this area includes: (i) the sexual nature and character of the act of sexual intercourse, the mechanics of the act; (ii) the reasonably foreseeable consequences of sexual intercourse, namely pregnancy; (iii) the opportunity to say no; i.e. to choose whether or not to engage in it and the capacity to decide whether to give or withhold consent to sexual intercourse. (iv) that there are health risks involved, particularly the acquisition of sexually transmitted and transmissible infections; (v) that the risks of sexually transmitted infection can be reduced by the taking of precautions such as the use of a condom."
|Re M: A v Z (2018) EWCOP 4
COP bias
"This matter concerns an appeal from the order of HHJ Roberts made on 18 July 2018 in Court of Protection (COP) proceedings concerning M. The appellants are M's mother and father in law who have the care of X, M's son age 12. ... Mr Simblet relies on four grounds of appeal: (1) There was apparent bias, in that the judge stated her intention in the exchange between the judge and the legal representatives, in the absence of the parties, to decide the application consistent with decisions made in different proceedings. (2) The judge wrongly felt constrained to reach a decision that would be consistent with a decision she had reached in different proceedings. (3) There was a material irregularity, in that the Judge took into account material from different proceedings, and the [paternal grandparents] within the COP proceedings were unable to properly know the case against them or that they had to meet. (4) In reaching her decision the judge failed to identify or give sufficient weight to factors that were relevant to M's best interests."
|Re M: AB v HT (2018) EWCOP 2
Declaration of non-marriage in English law
"These complex and difficult proceedings in the Court of Protection concern a 37-year-old woman, hereafter referred to as M, who (as I have found, for reasons set out below) at present lacks capacity by virtue of a combination of psychotic illness and acquired brain injury. The parties to the proceedings are the applicant, M's father, hereafter referred to as AB; her aunt, hereafter referred to as HT; the local authority for the area where HT, and currently M, live, namely the London Borough of Hammersmith and Fulham; and a man hereafter referred to as MS, with whom M went through a religious ceremony of marriage in 2013. A dispute has arisen concerning a number of issues about her past, present and future which has necessitated a lengthy and unusual fact-finding hearing. This judgment sets out my conclusions on the disputed matters of fact, together with an analysis as to her capacity, and orders made following my findings."
|Re P (Sexual Relations and Contraception): A Local Authority v P (2018) EWCOP 10
Sex and covert contraception
"This judgment in long-running proceedings involving a vulnerable young woman, hereafter referred to as 'P', addresses difficult issues concerning her sexual relationships and the covert insertion of a contraceptive device. ... I shall address these issues in the following order: (1) Capacity - general principles. (2) P's capacity other than sexual relations. (3) P's capacity to consent to sexual relations. (4) Best interests: general principles. (5) Best interests: contraception. (6) Best interests: covert treatment (6) Best interests: sexual relationships and supervision. (7) Further issues arising from the draft order." ... Given the serious infringement of rights involved in the covert insertion of a contraceptive device, it is in my judgement highly probable that, in most, if not all, cases, professionals faced with a decision whether to take that step will conclude that it is appropriate to apply to the court to facilitate a comprehensive analysis of best interests, with P having the benefit of legal representation and independent expert advice.
|Re SF (2020) EWCOP 15
(1) SF lacked capacity in relation to some areas (litigation, care, residence, finances, tenancy, contact with strangers and people who are unfamiliar) but did have capacity to consent to sexual relations and to decide on contact with her husband. The psychiatric evidence was that SF would only have episodic memory ("memory for the personally experienced events of a person's life, with retention of the details of time and situation in which they were acquired") in relation to contact with strangers, but would have semantic memory ("knowledge which is retained irrespective of the circumstances in which it was acquired [deriving] from the 'feeling' around the memory rather than the 'facts' surrounding the memory") in relation to her husband. (2) The court authorised the deprivation of liberty which existed both when living at her home and (on an interim basis until authorised by the placement) when receiving respite care at a residential supported care provision.


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'Reluctance of some people to cry out for help' in rural areas one of 'major problems'
"Mental health is going to be a massive issue after this crisis has passed; rural isolation has been a major problem for many years," according to Sinn Féin TD Martin Browne.
The deputy has raised grave concerns over the impact of Covid-19.
Speaking in the Dáil this week, he said: "There have always been people, especially in rural Ireland, who have found themselves isolated for one reason or another.
"This has increased in recent times due to the pandemic and the need to fight the virus."
Deputy Browne said that there "are so many problems in rural Ireland, but I do not have time to list them all".
"Poverty and lack of transport in rural areas and the reluctance of some people to cry out for help are serious issues, as is the closure of rural post offices," he said.
On the latter, plenty of excuses have been given, but we all know that when people go missing, this is noticed at the local post office and alarm bells ring straight away.
"In larger urban areas, Martin Browne could be missing for six months and nobody would even care. These are the types of issues that are worrying people in rural areas.
"People are being cut off from their own communities because of the post office closures. Mental health is going to be a massive issue after this crisis has passed. Money must be pumped in quickly."
The deputy called on Joe O'Brien, minister of state at the Department of Rural and Community Development to ensure services are delivered for people going into "what will be a tough and frightening winter for many".
Budget 2021 must be 'rural proofed'
Meanwhile, the Irish Rural Link is calling for the recovery from Covid-19 to be "regionally balanced and inclusive of everyone".
The national network had a virtual meeting this week with the Minister for Finance Paschal Donohoe.
The organisation explained:
"While some of the measures currently in place such as increasing fuel allowance and warmer homes grants may compensate the increase in fuel, the fact remains that these households still need to heat their homes with fossil fuels and/or home heating oil.
"We are therefore calling on the establishment of a fund based on grants and low or no interest loans designed to assist all households who wish to convert their homes to sustainable heating systems."