BC Supreme Court issues mixed decision in church property dispute

Nov 25th, 2009
Anglican Network in Canada
NEWS RELEASE

Vancouver, BC – Mr Justice Stephen Kelleher of the British Columbia Supreme Court issued a mixed decision today in the case involving the Anglican Church of Canada (ACoC) Diocese of New Westminster and four Greater Vancouver parishes in the Anglican Network in Canada.The four parishes – St Matthew’s (Abbotsford), St Matthias & St Luke’s (Vancouver), St John’s Shaughnessy (Vancouver) and Church of the Good Shepherd (Vancouver) – had asked the courts in early September 2008 to clarify their Trustees’ responsibilities in light of hostile action taken by the Diocese of New Westminster. After all four parishes voted overwhelmingly in February 2008 to disaffiliate with the ACoC and realign with the Anglican Network in Canada (ANiC), the bishop purported to terminate and replace the Trustees and take control of two of the churches’ properties and their bank accounts. ANiC is now part of the Anglican Church in North America (ACNA), a new Anglican province formed as a result of the worldwide split in the Anglican Church over profound disagreement on issues of doctrine.

Mr. Justice Kelleher found that the Bishop of New Westminster did not have legal or canonical authority for his purported termination and replacement of the Trustees, who were validly elected by the congregations and who control the use of the properties. However, he said the Trustees were 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.” He then said he would “leave it to the parties to arrive at a workable solution”. This clearly leaves the parties in a difficult position as they dispute the interpretation of those documents, particularly the Constitution. the rest

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