From Metro News Vancouver:
VANCOUVER, B.C. - Trustees responsible for properties used by the congregations of four parishes that split last year from a Vancouver-area Anglican diocese can’t be terminated by its bishop, a B.C. Supreme Court judge ruled Wednesday.
But Justice Stephen Kelleher was vague in providing guidance around what actually happens to the properties, only calling on the parties “to arrive at a workable resolution.”
Three Vancouver and one Abbotsford parish voted to separate from the Diocese of New Westminster in February 2008, after years of differences around the diocese’ decision to grant same-sex blessings.
Following the split, Bishop Michael Ingham of New Westminster dismissed trustees at the parishes and took over two of their properties and bank accounts.
Kelleher’s 98-page decision firmly states Ingham has no legal or canonical authority to replace the trustees, who were elected by their congregations.
But his decision goes on to say the trustees are “required to exercise their authority in relation to the parish properties in accordance with the Act, as well as the Constitution, Canons, Rules and Regulations of the Diocese.”
It also states they don’t have authority to use the properties for purposes related to the Anglican Network in Canada, the more conservative group the four parishes joined.
“He doesn’t actually order us out of the parishes, but he’s created a situation where you’ve got trustees and the diocese having to work together on something which, clearly, we haven’t been able to work together on for seven years,” said Cheryl Chang, legal adviser for the Anglican Network.
She called it a mixed ruling they will have to study carefully before deciding whether or not to appeal.
“If we’re forced to choose between our faith and our buildings, we’re going to choose our faith,” she said. “But the question is whether we need to continue to stand firm on these issues through an appeal.”
A bylaw, known as Canon 15, was used to dismiss the clergy at St. Matthew’s in Abbotsford and at St. Matthias and St. Luke, in Vancouver. Vancouver churches St. John’s Shaughnessy and the Church of the Good Shepherd are also involved in the dispute.
These churches are among at least 18 parishes in B.C., Ontario, Newfoundland and Manitoba who have left the Anglican Church in Canada and aligned themselves with Anglican groups in other parts of the world.
Two previous interim court rulings around the same issue - in the Diocese of Niagara in Ontario, and the Diocese of British Columbia, on Vancouver Island - went against the dissidents.
In the Vancouver Island case, Anglican parishes in Victoria voted in early 2008 to break away from the Anglican Church of Canada. They failed in their court bid to not be kicked out of the building.
Judge Kelleher may well have decided on the legal issues involved in this case but this is a clear example of judgements that may well be legally correct but definitely not morally correct. Being a civil court it has no interest in theological issues. The decision shows the failure of the ACoC to have effective procedures in effect to discipline apostate bishops. Once a clergy person becomes a bishop he/she seem to have absolute power and when you have a primate and other members of the House of Bishops who are content to simply sit back and allow apostasy to reign that absolute power is sealed – sealed on this side of the grave but definitely not on the other side.
I am totally confident in the abilities of our legal team and we need to pray for our clergy and congregations as they try to get past this tragic decision. There is no question that Michael Ingham will push this for all it is worth as he clearly demonstrates his loyalty and that is definitely NOT our Lord and Saviour.
We need to remember that this case was forced upon orthodox parishes by the illegal attempt by the Diocese to remove our trustees and clergy.
God holds the high ground, in fact They are the High Ground. Until we have sufficient faith to believe this we will lose.