VANCOUVER, BC: Four Anglican Parishes Appeal to Supreme Court of Canada
Protracted property fight over properties to continue
By David W. Virtue
www.virtueonline.org
December 13, 2010
Four orthodox Anglican parishes, under siege by New Westminster Anglican Bishop Michael Ingham, have formally appealed to the Supreme Court of Canada to keep their properties from the liberal diocese.
According to a news release from the Anglican Network in Canada, Trustees of four Vancouver-area churches have instructed their legal counsel to file an appeal to the Supreme Court of Canada following a BC Court of Appeal decision (November 15, 2010) which removed their right to use their church buildings.
VOL first reported this story http://tinyurl.com/24n6ddm and concluded that such a move by the four parishes was indeed possible.
"Once again, this decision to appeal was taken only after much prayer and internal consultation within the parishes," said Cheryl Chang, special legal counsel to the churches.
"When the time came to make a decision, we found there was tremendous unity among the parishes and a strong desire to continue to walk together. As churches, we believe that we are being called to stand firm for our faith, seeking to be faithful to Scripture and follow Jesus as this historic trial continues, even if it ultimately means we lose our church properties. The precedent of this case will affect many faithful Christians throughout Canada and there was a general consensus that this was not yet finished. The principles at stake are far too important to abandon."
While the Court of Appeal agreed with the Trustees' submissions that the trial judge was wrong on four significant points of law in the November 2009 BC Supreme Court decision, it still awarded an approximately $2.2M bequest to the ANiC Church of the Good Shepherd. The court awarded beneficial ownership of the church properties to the Anglican Church of Canada Diocese of New Westminster.
In 2008, the churches voted to affiliate with and come under the episcopal authority of the Anglican Network in Canada (ANiC) in order to maintain their faith in line with the majority of global Anglicans while the Anglican Communion was in the midst of a worldwide split.
The four churches are St John's (Shaughnessy), St Matthews (Abbotsford), Good Shepherd (Vancouver), and St Matthias & St Luke's (Vancouver)
The following joint statement was issued from the Trustees of St John's (Shaughnessy), Church of the Good Shepherd, St Matthew's, and St Matthias & St Luke, on Sunday, 12 December 2010.
"This discernment time has involved many meetings within and between the four parishes, where we heard from our legal team, listened to many points of view, searched Scripture and prayed together.
"We are all committed to seeking and obeying our Lord's leading and acting in accordance with His Holy Word. All of us are fully prepared to walk away from our church properties if that is the path God has chosen for us. We know that everything we have is a gift from God and we hold it in open hands."
Earlier in the week, the leadership of the four churches met to report the results of the discernment and consultation processes within each parish and to decide on a course of action.
The Trustees of the four parishes moved forward in unity instructing their legal counsel to prepare an application for leave to appeal to the Supreme Court of Canada. This application must be submitted by January 14th.
"This is not the path any of us would have preferred; however, we initiated court proceedings when threats to replace trustees began to be carried out and when the Diocese caused banks to freeze two parishes' bank accounts. The Trustees of the four parishes sought the court's direction and clarification as to their status and responsibilities. The courts have agreed that the bishop did not have the lawful authority to fire or replace the Trustees," said an ANIC spokesman.
"Our differences with the Diocese of New Westminster stem back to the 1990s when the theological position of the diocese began to shift markedly away from established Anglican teaching and practice. This has always been about the uniqueness of Jesus Christ and the authority and interpretation of Scripture. We are seeking to continue our biblically faithful and historic Anglican tradition and witness in church buildings that were founded and built for that purpose."
A local Anglican deeply involved in the process has told VOL that the four churches are experiencing greater unity over legal matters than they had in previous decisions, "Maybe because it is no longer about winning but obedience. - Faithful stewardship. Acceptance of course, is not our Call. Win or lose, we believe we have to finish the course.
"Fr. David Short (St. John's, Shaughnessy) has taught all along the church that is faithful will suffer, that is guaranteed. " Apparently, Good Shepherd Church (500 members), the largest Chinese Anglican Church in Canada under the leadership of Bishop Stephen Leung, was determined to carry on to the Supreme Court with or without St. John's, VOL was told.
"They had nothing whatsoever to gain by taking this position. They actually won the $2.2 million dollar bequest by a deceased parishioner towards the purchase of a building, in both previous courts but they cannot access it while under Appeal and so it sits for another 1 1/2 years or more. They already own their building, outside the reach of the Anglican Church of Canada, purchased three years ago by individual parishioners making big sacrifices - even remortgaging their homes.
"One cannot out give God. He does honor the faithful in unexpected ways." The four faith communities have been drawn in, slowly, but surely, over the decade into the seriousness of our case and while we may wince about the presenting issue, we can't shake it off and still call Jesus, "Lord".
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