The Diocese of New Westminster has filed its statement of defence in a suit brought in BC Supreme Court by former clergy and trustees at three diocesan parishes where clergy have left the Anglican Church of Canada—but have not left the church properties.

In its statement of defence and counterclaim, the Diocese is now asking the court to declare that the individuals who brought the court action—in particular the former clergy, David Short, Trevor Walters and Simon Chin—are not entitled to possession or control of the church buildings they now occupy, and to grant a permanent injunction to that effect.

George Macintosh, QC, has been engaged by the diocese as the barrister for the case. The parishes involved are St. Matthew’s Abbotsford, St. Matthias & St. Luke, Vancouver, and St. John’s Shaughnessy.

On August 25, Bishop Michael Ingham invoked “Canon 15,” a diocesan bylaw that empowers the bishop to restructure a parish and appoint new wardens and interim clergy at St. Matthew’s and at St. Matthias & St. Luke, but not at St. John’s Shaughnessy.

On September 9, the initial court action was brought by 12 people who had either been wardens, trustees, or clergy at the two parishes. They were joined by five others at St. John’s Shaughnessy, Vancouver, who fear that Canon 15 may be invoked there also.

The suit asked that the court to declare that the dismissal of the trustees by the invocation of Canon 15 is “of no force and effect.”

The 17 Plaintiffs also claim that what is known as the 1893 Solemn Declaration, one of the foundational documents of what the Anglican Church of Canada, requires a diocese to “maintain and defend historic, orthodox Anglican teaching and practice.” They say the Diocese of New Westminster violated the Declaration by establishing a rite for the blessing of same sex unions.

In its statement of defense, the Diocese notes that Bishop Ingham has always acted in accordance with the Diocese’s Constitution and Canons, and his actions have been properly ratified by Diocesan Council.

The statement adds that the term “historic, orthodox Anglican teaching and practice” has no basis in law or in Anglicanism, and that “the Solemn Declaration does not constrain the evolution of doctrine.”

The Diocesan statement filed in court also notes, as the Bishop has said from 2002 onwards, that no person, parish or priest in the Diocese will ever be required to perform blessings of same sex unions against their conscience. None of these former priests had ever been required to do so.

Diocesan Chancellor George Cadman said he hopes the case will proceed quickly and not drag out. “Court proceedings are very expensive, and we hope to minimize the costs as much as possible.”

“The Diocese would prefer to devote our resources to mission and ministry,” said the Chancellor, who is the Diocese’s chief legal officer,  “but we cannot accept the proposition that clergy who have chosen to leave the Anglican Church of Canada can continue to use property set aside for decades for the work of the Anglican Church of Canada.” 

“We will respect the outcome of the proceedings but expect that, as in Niagara and Metchosin, the Court will understand and respect the legal and canonical structures of both the Anglican Church of Canada and the Diocese.”

Cadman said that people may leave the Church, a matter the diocese regrets: “But they cannot take Church property with them when they go.” 
 
An earlier story is available the website, click here.