(Staff) In 2008, when some Anglican churches voted to seek temporary episcopal oversight under the Anglican Network in Canada (ANiC) because of deep theological differences with their more liberal bishops, various dioceses of the Anglican Church of Canada responded by attempting to seize properties and replace elected trustees. The churches joining ANiC wanted to remain in communion with the worldwide Anglican Church and receive leadership from an orthodox bishop.

In August 2008, after the Diocese of New Westminster sought to seize the property and replace the clergy and trustees at St. Matthew’s Abbotsford and St. Matthias & St. Luke in Vancouver, the trustees of those churches, along with two other Vancouver churches-- St. John’s Shaughnessy and Church of the Good Shepherd--decided to go to the courts for clarification, which meant suing the Diocese.

On May 25 lawyers for the four parishes and for the Diocese appeared in the BC Supreme Court in Vancouver before Judge Stephen Kelleher. He will rule on: 1) Who is the rightful trustee of parish corporations? and 2) For what purposes are the properties held in trust?

They are the first churches asking the court to rule on these issues. Previous cases have only involved rulings on the temporary use of buildings.

“Essentially what the judge has to decide is whether this is a case of division or departure,” ANiC chancellor Cheryl Chang told the media. ANiC’s view is that “this is not an issue of just a few parishes leaving the church. This is an issue of a church that has divided, and is it really fair and just that one party should get all the property and assets when the church divides?” she said.

“If the judge finds the church is divided, that invokes the long-standing, traditional and inherent cy pres jurisdiction of the court which would allow him to restructure the trust in a way that is fair and equitable (dividing the assets of the church) as appropriate in the circumstances,” said Chang in an interview with the Planet, comparing it to dividing marital assets after a divorce.

“However, the cy pres jurisdiction would allow the court to avoid the doctrinal question – one that still hasn’t been answered by the Communion or even the ACC (the Galilee Report admitted ‘we are divided’),” said Chang. “All he has to do is see that the church is ‘divided’ and he can restructure the trust to give the property to a group which will ensure the trust is carried out ‘as close as possible’ (cy pres meaning ‘next to’) to the original purposes.

“We are Anglicans in these churches (despite what the ACC claims), carrying out our traditional historic Anglican ministry in the same fashion and upholding the same doctrine upon which this church was founded,” said the Network chancellor. “We have paid to buy, renovate and maintain these properties, kept all the liabilities in respect of the properties, and nothing has changed since our ‘realignment’ with the Southern Cone. We think these properties should remain with the congregations.”

ANiC claims to have come under the jurisdiction of the Province of the Southern Cone based in South America—a move the Diocese of New Westminster does not recognize as legal.

Clergy at the four parishes have relinquished their licences from Bishop Michael Ingham and left the ACC. The bishop has asked that they (but not the parish congregations) leave the parish properties so new clergy can take over. To date the Network clergy have refused and instead have asked the court for a judgement that would grant them the right to stay.

Statutory mediation had been requested by ANiC. The two sides met May 14-15 with the BC Supreme Court’s Chief Justice, but the mediated effort to avoid trial failed.

Most of the evidence in this expedited three-week trial is contained in over 75 affidavits (sworn statements) which have been filed with the court. The trial will thus be much shorter than if all the evidence were given in court.

The first week was devoted to the opening statement and witnesses for the four ANiC parishes. In his opening statement, parish counsel, Geoff Cowper, Q.C., indicated he intends to establish that:

· This is a case of division in the church – locally, nationally and internationally – rather than just a number of congregations “departing” from the church.

· The Solemn Declaration is foundational to Anglicanism in Canada – part of the DNA – both as a declaration of faith and as a binding commitment to interdependence with the Communion.

· That the original founders of the ACC did not anticipate such division and the Canons and Constitution are not capable of addressing it appropriately.

· That the current division and its causes are unprecedented in the history of the Communion.

Professor John G. Stackhouse of Regent College appeared as an expert witness and said that the current dispute is unprecedented and very complex. The Solemn Declaration was intended to be the constitutive document of the ACC and has been treated as such. It, together with the historic creeds and Thirty-Nine Articles, form the touchstones of Anglicanism. The Thirty-Nine Articles presupposed the creeds and denoted what marks Anglicanism out from other Christian denominations.

Counsel for the Diocese, George Macintosh, QC, in his cross-examinations of the witnesses asserted:

· Anglicanism is territorial; dioceses and provinces generally have a set geographic footprint which does not overlap. The creation of ANiC to operate within the same footprint as the ACC is irregular.

· Congregations are distinct from parishes. Congregations may have left the diocese and the ACC, but not parishes; people can leave, but the property cannot.

· A parish is a creation of a diocese and cannot exist apart from the diocese

The second week the Rt. Rev’d Michael Ingham, Bishop of New Westminster, will take the stand along with other witnesses for the ACC. The third week will be for summary arguments.

The Vancouver case will set a precedent for the others. A ruling is expected in the fall.