Vancouver Anglican Diocese Moves to Evict Pender Harbour & North Vancouver Congregations
March 9th Friday 2005
The Anglican Diocese of New Westminster yesterday ordered the congregations and leadership of Christ the Redeemer in Pender Harbour and St. Simons, North Vancouver to "deliver up possession" of their respective church buildings and property by April 1st, 2005. They assert that the congregations occupy Diocesan property "without legal authority."
However, the Directors of both congregations have received legal advice refuting the Diocese of New Westminster's claims. Although the Diocese does hold the title "in trust" for the Pender Harbour parish, the congregation's legal counsel, Bob Kuhn, contends that it is the people who bought, built and continue to maintain the property and buildings, and therefore retain "beneficial ownership."
The situation with St. Simon's is slightly different as the congregation not only claims beneficial ownership, but is actually in possession of the deed and title. Given the level of disagreement in this property dispute, it is likely, that these issues may well have to be settled before a BC Supreme Court Judge. Neither congregation intends to accede to the eviction notice.
Pastor Mayo said, "This is mostly an aggressive attempt to re-establish some of the Bishop's rapidly eroding power and authenticity and punish those congregations that have disagreed with him." Ingham's approval and promotion of the blessing of same-sex unions has recently been condemned at the highest levels of the Anglican Communion. The Primates, the Anglican Communion's senior Archbishops, have demanded that the Diocese and its Bishop repent and to return to the orthodox faith and practice of the church or face expulsion from the worldwide Anglican fellowship.
Both congregations strongly believe that they should be entitled to continue to serve their communities from the church buildings that were paid for by them.
The Rev. Ed Hird of St. Simon's Church located at 1386 Deep Cove Road, North Vancouver, was sent a similar message from Bishop Ingham.
It read: You are hereby given notice to deliver up possession of the Premises at 1386 Deep Cove Road, North Vancouver, BC which you occupy without lawful authority or right, on April 1, 2005.
The letter was dated at Vancouver BC on March 8th 2005
The Right Reverend Michael C. Ingham, Bishop
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Diocesan Statement
The Chancellor acts to restore Canadian Anglican ministry in two parishes so that the Anglican Church of Canada can continue its work of community outreach and care of parishioners, George Cadman, the chief legal officer of the Diocese of New Westminster, has told two priests who resigned almost a year ago from the Canadian Church - and the Societies that they lead - that they must leave church buildings that historically belong to and are intended for the use of the Canadian Anglican Church in its ministry to Anglicans in this Diocese.
Cadman has sent letters to the Societies and to their directors, through their lawyer, to ask that the buildings be turned over by April 1. Notices to deliver up possession have also been posted on the premises.
Cadman said they the priests and their followers have had almost a year to make alternate arrangements. He expects that Court proceedings will now be required.
"We have tried for months to find a path to reconciliation. Various opportunities to meet with the bishop were presented but not acted upon," said Cadman.
"Now it appears we must take this action to ensure that the needs of members of the Anglican Church of Canada are met. Our Diocesan Council has been clear in asking us to act on this matter so we again can have a presence in each of these communities."
In January, the Diocesan Council approved an order that under the Anglican Canon law (the church's bylaws) replaced the two priests and local parish officials with the bishop's appointees. This month the 40-member council again approved another motion to regain possession.
The churches involved are St. Andrew's, Pender Harbour, and St. Simon's, Deep Cove, North Vancouver. The priests involved, the Revs. Barclay Mayo and Ed Hird, resigned from the Canadian Church in March of 2004 to join the Anglican Church of Rwanda, Africa.
The Societies that continue to occupy the churches and have been asked to leave were incorporated in 2004.Their articles of incorporation say they are to be affiliated with the Anglican Mission in America (AMiA), a breakaway church in the U.S.
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