CANADA: Court begins to consider property issues in Diocese of New Westminster

The Supreme Court of British Columbia has begun hearing arguments to decide who owns disputed church buildings and resources: the Vancouver-based Diocese of New Westminster or parishes that have left the Anglican Church of Canada.

Two lawsuits were filed against the diocese and its bishop, Michael Ingham, by clergy who cut ties with the national church and individuals who say they are the lawful trustees of church properties and resources for several congregations that also voted to leave the church. Other hearings have resulted in decisions about interim possession and sharing of church buildings in British Columbia as well as Ontario, but this trial, which is scheduled to last three weeks, will be the first in Canada to decide who owns the buildings and resources.

The clergy left their ministries with the Anglican Church of Canada in 2008 over theological differences, including issues such as the blessing of same-sex unions, and they were asked to vacate their former parishes. Many of their parishioners voted to leave the church and join the more conservative Anglican Network in Canada(ANiC), which is now a part of the proposed Anglican Church in North America (ACNA).

The proposed new Anglican entity would be comprised of clergy and laity that have left the Anglican Church of Canada and the Episcopal Church in the U.S. Its leaders hope that the entity will be recognized as a new, theologically-defined province in the worldwide Anglican Communion. Meanwhile, the Canadian churches have aligned themselves with the Argentina-based Anglican Province of the Southern Cone. However, the leaders have not begun the formal process that could lead to such recognition.

Court documents show that the plaintiffs seek a ruling that they should "hold parish property in their trust for their congregations for the purpose of ministry consistent with historic, orthodox Anglican doctrine and practice."

The diocese is arguing that it has not departed from its faith, and in its court documents states that the "current dispute over homosexuality is the latest in a long series of debates within Anglicanism as it adapts to social change. Other recent debates include the remarriage of divorced persons and the ordination of women."

http://www.episcopalchurch.org/81808_108045_ENG_HTM.htm