(Staff)  Four Vancouver-area churches are struggling with whether to appeal a B.C Supreme Court ruling that, for the most part, came down against them. They must decide by Dec. 29.

On Nov. 25 Justice Stephen Kelleher ruled that a $2.2 million bequest to a Chinese congregation which has left the Anglican Church of Canada should remain with the departing congregation, not the diocese. He also ruled that the Trustees elected by the four congregations that left the Vancouver-based Diocese of New Westminster in 2008 can't be terminated by its bishop, Michael Ingham. That was all good news for the congregations.

However, the judge also 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 called on the parties "to arrive at a workable resolution" without spelling out what that would be. This leaves the parties in a difficult position as they dispute the interpretation of those documents, particularly the Constitution. The parties had attempted mediation before the trial began but were unsuccessful.

The four parishes involved are St. Matthew’s in Abbotsford and St. Matthias & St Luke’s, St John’s Shaughnessy and Church of the Good Shepherd all in Vancouver. Their combined properties are worth more than $20 million. 

In 2002 the four parishes were dismayed by the diocese’s decision to bless same-sex unions. In February 2008 all four parishes voted overwhelmingly to disaffiliate with the Anglican Church of Canada (ACC) and realign with the more theologically conservative Anglican Network in Canada (ANiC). Then in September of that year Bishop Ingham terminated and replaced their Trustees and took control of two of the churches’ properties and their bank accounts.

Kelleher's 98-page decision firmly states that Ingham has no legal or canonical authority to replace the trustees, who were elected by their congregations.

"He doesn't actually order us out of the parishes, but he's created a situation where you've got trustees and the [ACC] diocese having to work together on something which, clearly, we haven't been able to work together on for seven years," said Cheryl Chang, chancellor or legal adviser for the Anglican Network in Canada (ANiC).

According to Chang, the judge followed American legal principles, rather than applying British and Canadian case law which have held that “As a rule, where a church organization is formed for the purpose of promoting certain defined doctrines of religion, the church property which it acquires is impressed with a trust to carry out that purpose, and a majority cannot divert the property to inconsistent uses against the protest of a minority however small.” (See Anderson v. Gislason 1920 Man. CA.) He also chose not to apply established British and Canadian “cy pres” trust principles in dealing with the church properties.

However, the judge did apply trust principles in finding that the $2.2 million bequest of Dr. Daphne Chun to “the building fund of the Church of the Good Shepherd” should be held in trust for the building needs of the ANiC congregation.

“We are very grateful that Mr. Justice Kelleher understood and respected Dr. Chun’s intention when she left her bequest to our building fund” said Eric Law, a Trustee of the congregation of Good Shepherd. “We look forward to using those funds toward the building we currently worship in.” They no longer worship in the original ACC building which they lease out, and they have purchased another congregation-owned facility. The diocese had sought the $2.2 million bequest.

The other three congregations could lose their properties to the ACC diocese. "If we're forced to choose between our faith and our buildings, we're going to choose our faith," Chang said. "But the question is whether we need to continue to stand firm on these issues through an appeal."

Chang believes that “there are clear grounds for appeal” and is recommending that the four churches file one. “We can later discontinue that appeal, but if we do not file within the 30-day time limit, our decision will be final.” She is hoping the extra time will give the congregations more time to “seek a consensus so that we [can] act in unity.”

Ingham told the media that he was pleased that the judge's decision is "substantially in our favour," providing "clarity" that the diocese continues to own the properties in question.

The four ANiC parishes argued in court that they were remaining true to the “historic” Anglican faith while the Diocese was departing from it. But the judge disagreed.

"'Historic' and 'orthodox' are uncertain and subjective terms that cannot, in my view, form the basis of an enforceable trust," Kelleher said. "Moreover, a trust which freezes doctrine at a point in history is inconsistent with the history of change and evolution in Anglicanism."

After the ruling, Chang replied in a statement: "It is a great concern to hear that a majority [within a diocese of the Anglican Church of Canada] can redefine and change the doctrine of the church, and that those who wish to remain faithful to the church's teaching must change their beliefs or sacrifice their buildings."

“People will turn to what is true,” said ANiC Bishop Donald Harvey after the ruling. “Our greatest concern is for the congregations and their ministries. We will continue to preach the unchanging gospel of Jesus Christ, even if called to sacrifice buildings and money in the process.”

ANiC now numbers 32 parishes and eight forming congregations in Canada.

The ruling could be precedent-setting as several ANiC churches have property disputes in the Vancouver Island-based Diocese of B.C., as well as in the Dioceses of Niagara and Ottawa.