Day 1 - Trial of ANiC Parishes v Diocese of New Westminster

May 25, 2009

Today the trial began in a courtroom too small for the number of people who came to observe. Some sat on the floor while others stood along the walls at the back. Although a large courtroom had been requested, Mr. Justice Stephen Kelleher advised that the largest courtrooms were all in use. One possible alternative was proposed – moving to a smaller courtroom and possibly teleconferencing the proceedings to a larger venue in Robson Square. A number of people chose to leave the proceedings and go somewhere to pray. We are grateful for the amount of prayer that was going on across the country and around the world.

Counsel for the parishes, Geoff Cowper, QC, gave his opening statement for most of the morning session. He described at length, the content and purpose of the Solemn Declaration of 1893, as a foundational declaration of faith and interdependence with the Communion – and the limits it placed upon the ability of the Anglican Church of Canada to amend its doctrine.

There was also extensive discussion on the principles of trust law in relation to religious purpose trusts, as well as the court’s traditional inherent jurisdiction and its duty in respect of such trusts. the rest