New Westminster Decision
Nov 26 2009

In Vancouver, the Supreme Court of British Columbia  has ruled against four parishes who have broken away from the Anglican Diocese of New Westminster and had filed suit seeking to keep the church buildings. The four are part of a wider radical group, including four parishes in Niagara, who left the Anglican Church of Canada. This is very good news .  Although it is a different jurisdiction, we believe that this decision will have a very important effect upon our ongoing legal efforts with the Network in Niagara.

Quoting from Judge Kelleher’s decision:
"A parish does not have authority to unilaterally leave the Diocese while parish corporations may hold title to real property that property effectively remains within the Diocese unless the Executive Committee and Bishop agree to mortgage, sell or otherwise dispose of it. In using the church properties for purposes related to ANiC, the parish corporations are using them outside the jurisdiction of the Diocese, and, indeed, the ACC such that the consent of the Executive Committee and Bishop is necessary. As that consent is obviously not forthcoming, the properties remain with the Diocese."

Justice Kelleher also stated that while the above reasoning was sufficient to decide ownership, had he been required to rule on the parishes other contention, it also would have failed:

"The plaintiffs submit that the parish properties are held on trust for purposes of ministry consistent with historic, orthodox Anglican doctrine and practice. Historic and orthodox are uncertain and subjective terms that cannot, in my view, form the basis of an enforceable trust. The history of Anglicanism spans over 400 years, and thus it is simply not apparent what period historic is in reference to. Orthodox is similarly subjective and, therefore, equally problematic in defining a trust."

We can say that we are pleased that the Vancouver judge has recognized the structure of the Anglican Church and most specifically, the Diocese of New Westminster. This decision supports our contention that while individuals are free to leave the Church, the property has always been held in trust by the Diocese. We are now anticipating moving this legal case forward here in Niagara and to have this matter settled so that we may continue in our mission and ministry. We also hope and pray that we may continue to find ways to seek healing and reconciliation with those that have left our Anglican Church.

For further information contact:
The Right Reverend Michael Bird, Bishop of Niagara
905 527-1316 x310

Click here for Vancouver Sun article

Click here for New Westminster Website