Thinking Anglicans

parishes appeal to Supreme Court of Canada

Updated Monday evening

The Trustees of four Vancouver-area churches have instructed their legal counsel to file an appeal to the Supreme Court of Canada of a British Columbia Court of Appeal decision (November 15, 2010).

Read about the November decision here.

The text of Bishop’s Ingham’s pastoral letter is available as a PDF here.

The text of the judgment is available as a PDF over here.

Then read about the proposed appeal to the Supreme Court of Canada here.

A statement from the Diocese of New Westminster is copied below the fold.

A Statement from the Diocese of New Westminster

Trustees Initiate Further Legal Action

Congregational leaders of four churches aligned with the Anglican Network in Canada (ANiC) indicated in web statements and in letters read at worship services on Sunday, December 12th, 2010 that they intend to initiate further litigation by seeking Leave to Appeal to the Supreme Court of Canada. To date, the Diocese has not received formal notice of the application, nor of their intention to file.

This announcement indicates they will continue their challenge of the BC Supreme Court’s decision of November 25th, 2009, which was upheld by the BC Court of Appeal November 15th, 2010. The Courts ruled the church properties currently being used by the four congregations are to remain under the authority of the Bishop and Diocese of New Westminster for public worship in and as part of the Anglican Church of Canada, and not for the use by clergy and others who have left the Anglican Church of Canada.

The Diocese of New Westminster under the leadership of Bishop Michael Ingham is satisfied with the decisions of the BC Supreme Court and the BC Court of Appeal and notes that both BC courts have upheld and supported the statutes, canons and regulations of the Diocese of New Westminster and the Anglican Church of Canada.

Bishop Ingham has offered to meet with the leaders of the four congregations to discuss how everyone can move forward in keeping with the decisions of the courts and appoint new clergy for these parishes. To date, there has been no response.

Bishop Ingham and Diocesan leadership do not believe that there is any need to take any further court challenges, which will incur more expense and anxiety. However, they respect the Plaintiffs’ right to request the Supreme Court to hear their case as the final legal option available to them.

The Diocese of New Westminster under Bishop Ingham’s leadership continues its mission of welcoming all people into the worship and ministry of the Anglican Church of Canada. All are encouraged and supported who seek the presence of the Divine and wish to grow in their faith as disciples of Jesus Christ.

Diocesan legal counsel will respond to all the actions initiated by the Plaintiffs (ANiC Trustees and Clergy), and under the direction of diocesan leadership will move to ensure that the decisions of the BC Courts will be acted on in the months ahead.

Counsel for ANiC will need to file their request prior to January 14th, 2011 and until filed, the Diocese is unable to make any further comment on the legal aspects of the dispute.

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Peter Lusby TaylorRobert ian WilliamsLapinbizarrePat O'NeillChris Smith Recent comment authors
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Robert Ian Williams
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Robert Ian Williams

Of course David Short , the Rector ( Sydney trained) will not be losing out, but there are always wealthy professional mugs in his congregation to keep the lawyers singing, ” What a friend we have in jesus. “

Edward Prebble
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Edward Prebble

There seems to be some debate, notably on the “Essentials” website, as to who started this litigation, with each side accusing the other. From the other side of the Pacific Ocean, here in Aotearoa New Zealand, it is a bit hard to know the facts. My understanding is this; can someone correct me if I am mistaken? After much discussion and debate in the Diocese of New Westminster about the blessing of same-sex unions, the Diocesan Synod and Bishop Ingham affirmed that such blessings might take place in particular situations. In response, the leadership of the four parishes signified their… Read more »

Copyhold
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Copyhold

This is actually an application for leave to appeal to the Supreme Court of Canada. The right to appeal is not automatic. The SCC may or may not grant leave.

Alan T Perry
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Edward Prebble and Copyhold are both correct.

Father Ron Smith
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Father Ron Smith

You’ve got the give these dissidents marks for their determination – to take the family silver, even though it was they who left the marriage Chutzpah!I wonder who’s funding the ongoing litigation?

Chris Smith
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Chris Smith

Isn’t this but another example of dishonesty? The “Anglican Network of Canada” wants property that clearly does NOT belong to them. Isn’t this also called outright THEFT? If this is the case, is it not a shameful and hostile act? Is this really nothing more than a play by Fundamentalist far right elements to deplete funds of the Anglican Church of Canada? It is too bad that the so called “Anglican Network of Canada” does not bear the costs of these frivolous lawsuits. Is this so called “Network” recognized by the Anglican Communion as a fully authorized member and if… Read more »

Canada Anglican
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Canada Anglican

Mr. Prebble is correct, except for one fact. The Bishop did not remove the clergy in these parishes. They resigned their orders in the Anglican Church of Canada, and accepted licenses from the Primate of the Southern Cone. Then they refused to leave the buildings.

ettu
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ettu

…what a terrible witness to the world……..

Cynthia Gilliatt
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Cynthia Gilliatt

Canada, welcome to the wonderful world of thieving Christians. We all do wonder where the money comes from – Jim Naughton’s Follow the Money articles laid it out pretty clearly for the US. Time for an enterprising Canadian counterpart to do the same: follow the money. And good luck.

Adam Armstrong
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Adam Armstrong

To ettu: If you mean that it’s not good for people to see the Church in conflict, you are right. But don’t fall into the trap the Essentials/Network have set. The expect to have the property because they assume that the Diocese will lie down. They initiated the idea of taking the property and expect to get away with millions of dollars worth and assume that the Church can be guilted into letting them have it. They are always saying how unChristian and mean the Anglican Church is only because they cannot have it their way. The more they say… Read more »

Adam Armstrong
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Adam Armstrong

Our Anglican issues seem small compared to this:
http://iwpr.net/report-news/church-rivalry-threatens-brim-over

Edward Prebble
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Edward Prebble

Thank you for those who have confirmed my understanding, and for the correction by Canada Anglican. That clarifies the legal issues – the parishes do not have a leg to stand on, and I would not be surprised if the CSC refuses the right to appeal on the grounds that the appeal has no chance of success. BUT I wonder of Bishop Ingham is being a bit disingenuous in hoping that this legal victory can bring an end to the matter. It won’t. I don’t need to know the detailed geography of Vancouver, or the internal politics of the diocese… Read more »

ettu
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ettu

To Adam A – sorry I was too brief and/or cryptic in my first post – of course the thieves should be resisted – they are the ones who are responsible for starting this deplorable chain of events – leave but do not take the property with you….

Father Ron Smith
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Father Ron Smith

“How about this as a way forward for a bishop who has succesfully proven the strength of his legal case, but still needs to show compassionate leadership to a thousand or more of his flock who no longer believe they belong to his diocese?” – Edward Prebble, N.Z. – I’m sorry, Edward, but you seem to have mistaken the situation on the ground in Canada. Those who have decided to opt out of their Anglican C.of C. provenance, and have deliberately tried to dis-enfranchise the remaining parishioners in their respective parishes, would very much like the local bishop to accommodate… Read more »

Lapinbizarre
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Lapinbizarre

A little off topic, but can anyone fill me in on the Charismatic Anglican Tradition?

Cynthia Gilliatt
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Cynthia Gilliatt

To Edward Prebble: In the Diocese of Virginia, Bishop Lee tried to reason with the dissidents and to negotiate with them. In response, they filed lawsuits demanding that the diocese turn over property that the Diocese holds in trust for TEC, and occupied said property, and kicked out any in their congregations loyal to the Diocese and TEC. Similar things happened in other dioceses. These people are not to be negotiated with because they are not trustworthy. It would be good for your bishops and ours to have on call locksmiths, lawyers, and forensic accountants. Appeasement will lead where it… Read more »

JPM
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JPM

Lapinbizarre, in the U.S. the charismatic Anglican tradition is an ancient one, stretching all the way back into the dim, misty reaches of the 1970s, when tongue-speakers began showing up in most American denominations.

Most churches sent them packing right away, but these new arrivals took full advantage of TEC’s famous tolerance (which they refused to extend to anyone else, naturally) until they formed the power base that provides most of the energy and infrastructure behind the current schismatic movement.

If we had only known back then what we know now….

Chris Smith
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Chris Smith

I salute Cynthia Gilliatt for her honest appraisal of the kind of human beings we are dealing with here. They have shown their true colors in such places as The Diocese of Virginia. The worst thing a bishop can do is to try to negotiate with thieves. They knew the property was NOT theirs but they didn’t care and their behavior was indeed that of thugs. Shameful. Yes, to Cynthia’s comments in this thread. Locksmiths, forensic accountants and lawyers should be ready to take action of behalf of the diocese when thieves try to take what does not belong to… Read more »

Edward Prebble
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Edward Prebble

Well, it looks as though I am in a similar situation as Erika Baker did on another stream a month or so ago, when she generated over 100 replies! I don’t know why, as soon as someone suggests behaving in a compassionate, or forgiving, or even a gentle way, a whole lot of fine Christians start quoting Neville Chamberlain. No, Ron, I don’t think I have misunderstood the Canadian situation at all. The clergy in these four parishes have behaved abominably. They had no right, and probably knew they had no right to those properties. And I don’t doubt that… Read more »

MarkBrunson
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Who drove the money changers out of the temple, Mr. Prebble? Who suggested taking a sword “from henceforth?” Who said that those not with Him are against Him? Simplistic answers are simplistic, whether generous or severe. What makes you believe that your way would be a way forward that brings “healing?” Would it heal those who behaved abominably – finding there are no repercussions for their behavior? Would it heal those to whom they have behaved abominably, denying their own dignity and convictions to allow a valuable foothold to those who abuse them? There is a difference between charitable and… Read more »

evensongjunkie
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evensongjunkie

Being “charismatic” means you get to wave your hands in the air during worship because 1), you don’t get enough attention, 2), you need to prove to others that you’re better than them, 3), you’re full of soppy self-sentimentalism that you have to exhibit your emotions openly, and 4), you have all the answers. Common disease in America it seems.

Fr Mark
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I wish TA had a “like” button so I could click it on evensongjunkie’s comment!

Lapinbizarre
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Lapinbizarre

Are there charismatic congregations in the English Church?

evensongjunkie
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evensongjunkie

Crazy Rabbit, I seem to remember a place on the west side of London (Metro area) called Shepherd’s Bush or Shepherd’s Green that got pretty silly. I have to wonder about that place across the street from BBC as well… As a summer dep in a major SW cathedral one summer we had to sing for the local RC parish, as they had some big “do”, complete with [B]eagle’s Wings and Bread of Life….that was, uh, fascinating. Thanks Fr. Mark, I calls ’em as I sees ’em. This behavio(u)r is not to be confused with openly weeping in John’s, which… Read more »

Chris Smith
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Chris Smith

I have met some of those so called “Anglican Charismatics” right here in San Francisco. They tried to form a parish community separate from the existing Episcopal Church Diocese parishes but they were unsuccessful and very much at odds with the progressive minded San Francisco Episcopalians. They were intolerant and at times aggressive in their demands in that they tried to promote a false claim that the Episcopal Church in California did not reflect “true Christianity” and the Protestant Reformation. They were in your face and not in a gentle manner. Since many converts to the Episcopal Church are former… Read more »

Pat O'Neill
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Pat O'Neill

“It really does beg the question “Why don’t they just join one of the many existing Protestant established churches such as the Southern Baptists”? “ I don’t know about other places, but in the metropolitan centers of the US, there is no political or cultural cachet given to being Southern Baptist. Indeed, in many northern, eastern, and Californian cities, it might well be considered a detriment. You have to remember, these people are after more than power within the church. They want to direct the surrounding culture to meet their view of what is “right”…and you can’t do that if… Read more »

Lapinbizarre
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Lapinbizarre

Not much charismatic about Southern Baptists.

Robert ian Williams
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Robert ian Williams

Just heard Cheryl Cheng ( legal advisor to the Canadian branch of ACNA) give her spin on Anglican TV.

She claims that their appeal is taht they ahve kept the traditional Anglican faith and a re not the innovators.

She doesn’t tell the whole truth…as she forgets to tell the audience..Anglican network Canada goes along with 1962 changes to allow divorce and re-marriage and 1976 changes to allow women priests.

Their case is so weak the Justices will laugh them out of court.. what a sad waste of money.

Peter Lusby Taylor
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Peter Lusby Taylor

Re Bizzarre rabbit. Yes there are. there are a number of them which preach a responsiveness to the Holy Spirit as a personal experience and do this in a responsible way. The enormously successful Alpha course has this imbedded in it and is used throughout the uk and in a vast number of anglican churches. However there are also churches which are picking up the pieces of those who went overboard on an excessive ‘charismatic’ pentecostal type theology and church lifestyle. It can clearly be dangerous. What seems to have happened in the uk is that there has been an… Read more »