Anglican parishes ponder a Supreme Court appeal
ABBOTSFORD, BC�"The parishioners of St. Matthew's Anglican Church are trying hard not to let one more defeat in their ongoing court battle with the Diocese of New Westminster dampen their Christmas celebrations.
“I think it's fair to say that we are feeling somewhat battle-weary here," says Rector Mike Stewart. “It's been a long, long haul.... But we do have a strong sense that God is with us and that He's called us into this battle."
At issue between the diocese and St. Matthew's and three other parishes is who owns their buildings and property. The four belong to the breakaway Anglican Network in Canada (ANiC). They contend that when they left the diocese to protest its approval in 2002 of a rite of blessing for same-sex couples, their assets went with them.
The diocese counters that it all belongs to the Anglican Church of Canada.
Last month, the B.C. Court of Appeal unanimously sided with the diocese. It is the second such setback for St. Matthew's in Abbotsford, St. John's Shaughnessy and St. Mathias and St. Luke in Vancouver and the Church of the Good Shepherd in Richmond, in just about a year.
The four must decide quickly what to do next. They can ask the Supreme Court of Canada to hear an appeal�"but that means filing their application by January 15.
As a result, they are in what Stewart calls “a season of prayer and discernment" as to whether or not to continue pressing their claims. “It's never been about the buildings," he says. “It's been about our faith as Christians."
“We're not assuming that everybody's still on the same page that they were last year," says St. John's trustee Lesley Bentley. “Some people think we should just go now."
New Westminster Bishop Michael Ingham hopes there will be no more litigation and he can begin working with parish trustees to find new clergy to replace those like Stewart who quit the Anglican Church rather than continue under his leadership.
“People believe very sincerely what they've been told by their leaders," he says, “but they may now begin to see that some of that is inaccurate." That includes, he adds, “the false choice...that they must choose their faith or their buildings."
“He's inviting members to stay, but that will not happen," Stewart says.
Bentley seems certain that even if St. John's, one of the largest Anglican churches in Canada, is eventually forced to vacate, finding a new home will not be a problem.
“Nothing that we can talk about out loud," she says, “but I can say other very large denominations have been very, very gracious to us and have assured us that we will not be left out in the cold."
St. Matthew's also has a standing offer from a church one block away that they can move in with them, if the need arises.
Meanwhile, Cheryl Chang, the ANiC's chief legal officer, believes they have solid grounds for an appeal.
“Four out of the five points of law in this judgment are in our favour or in answer to our appeal," she says. “The decision is somewhat confusing in our view�"and that would be the area that we would appeal, if the churches decide to go ahead."
“We are also conscious of the fact," says Stewart, “that we're very much a test case here in the Vancouver area, and so what happens here will set a precedent for the rest of the country. We take that very seriously as well."
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