Canada ruling boosts traditionalists: CEN 3.28.08 p 7. March 31, 2008
Posted by geoconger in Anglican Church of Canada, Church of England Newspaper, Property Litigation.trackback
An Ontario court declined to lift an order granting temporary control of church properties to three breakaway congregations that have left the Anglican Church of Canada for the Province of the Southern Cone.
On March 20, Justice Jane Milanetti let stand a Feb 29 order denying a request from the Diocese of Niagara for immediate possession of St. Hilda’s, St. George’s and Good Shepherd Anglican Churches. The three Ontario churches were part of a group of parishes across Canada that last month defected to the Anglican Network in Canada under the metropolitan authority of Bishop Gregory Venables of Argentina.
Following a full day of testimony and oral argument, Justice Milanetti said she would reserve her decision on the diocese’s custody petition until a later date.
“We are very thankful that we are able to maintain our ministries in the buildings through Easter as there was much uncertainty. We look forward to continued worship there as long as the courts permit us to do so.” said Canon Charlie Masters, rector of St George’s.
“We deeply regret that it was necessary to defend the right of these congregations to maintain their ministries in the buildings where they have always worshipped,” said Cheryl Chang, a director of the Anglican Network in Canada. “It is our hope and prayer that we could resolve all issues through amicable discussions but at this point, we are at the mercy of the courts and we await this decision.”
Attorneys for the diocese have argued that under Canadian canon law, parishes are creatures of the diocese, and have no existence independent of their bishop. The parishes have countered the diocese’s claim, saying the Canadian Church’s deviation from traditional moral teachings had abrogated any trust it may have held over the parishes.
A full adjudication of the ownership of the parish properties is likely to take several years.
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