From Abbotsford News:
By Vikki Hopes – Abbotsford News
Published: August 16, 2010 2:00 PMSt. Matthew’s Anglican Church in Abbotsford and three Vancouver parishes have been ordered to pay about $120,000 in court costs to the Diocese of New Westminster.
Justice Stephen Kelleher issued the ruling in the Supreme Court of B.C., as part of an ongoing case involving a battle over same-sex blessings.
The four churches have appealed the ruling, which will be included in their appeal of the larger court case which begins Sept. 13 in Vancouver.
Kelleher ruled that the diocese – which operates under the Anglican Church of Canada (ACC) – was entitled to court costs because it won its case at trial in November 2009. At that time, Kelleher said the four parishes were using church properties “outside of the jurisdiction of the diocese,” which supports same-sex blessings.
The parishes – which broke off from ACC to join the Anglican Network in Canada – maintained that allowing same-sex blessings is contrary to core Anglican doctrine.
They argued to have the properties turned over to their congregations, rather than remain with the diocese.
The judge ruled against them. Clergy and trustees were asked by the diocese to vacate the churches, but they refused to do so and launched an appeal.
In addition to ruling that the churches pay costs to the diocese, Kelleher directed St. Matthew’s Church to permit one service a week by a priest chosen by diocese Bishop Michael Ingham.
“This is put forward because of the distance to travel to an alternative Anglican church in the Fraser Valley,” Kelleher said in his reasons for judgment.
The diocese has requested the first such service be held at St. Matthew’s on Aug. 29 at 8 a.m.
Randy Murray, communications officer for the diocese, said the church has responded, through its lawyers, that it will not agree to such a service and will apply to the B.C. Court of Appeal for a stay of proceedings.
No application had yet been received as of Monday, and Murray said the diocese will proceed with its plans.
“As this (the court case) could drag on for an indefinite period, it is the diocese’s responsibility to offer worship services in Abbotsford in a church facility that the courts have determined belongs to the Diocese of New Westminster,” he said.
A spokesperson for the churches or for St. Matthew’s was not available for comment.
Also included in the legal battle are St. John’s Shaugnessy, the Church of the Good Shepherd, and St. Matthias and St. Luke’s – all based in Vancouver.
Meanwhile, the diocese is busy closing parishes and selling empty buildings.
There is already provision for ACoC worshippers in Abbotsford: they can attend Peace Lutheran, which is in full communion with New Westminster.
It’s encouraging to note that despite closing their own churches, the diocese feels the responsibility to offer worship services at St Matthew’s. Very public-spirited of them to want to share their innovations with others. Ahem.
Actually, I don’t understand either why New Westminster applied for the hearing or why the judge granted it. It’s quite obvious that the costs won’t be decided until the final appeal (probably to the Supreme Court of Canada) is resolved. What does the diocese gain by doing this?
At a guess – in order to put some more pressure on the on the parishes.
Four more empty churches coming up. . . This diocese has an absolute knack for taking something and turning it into nothing.