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Diocese of New Westminster files cross-appeal

January 17th, 2010 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

By Leigh Anne Williams, Anglican Journal

The diocese of New Westminster has filed a cross-appeal of a November decision in the Supreme Court of British Columbia. The cross-appeal was filed in response to an appeal filed by the trustees of four Anglican Network in Canada (ANiC) congregations in late December.

The legal dispute arose after four congregations voted to leave the Anglican Church of Canada to affiliate with the more theologically conservative ANiC. Churches in ANiC do not allow the blessing of same-sex relationships as the diocese of New Westminster has done for several years in a few parishes. Trustees for the congregation filed a lawsuit against the diocese to claim possession of the properties and assets for the congregations. But on Nov. 25, Justice Stephen Kelleher ruled that the diocese of New Westminster retains possession of all four properties. He did, however, decide that a $2.2 million bequest from a parishioner at one of the four churches should be held in trust for the building fund of the ANiC congregation.

Read here

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Dean of the Anglican Church in North America Appointed

January 12th, 2010 Jill Posted in Anglican Church in North America, Anglican Network in Canada Comments Off

Bishop Donald HarveyFrom ACNA

Bishop Donald Harvey, moderator of the Anglican Network in Canada, has been appointed Dean of the Anglican Church in North America (ACNA) by Archbishop Robert Duncan. This appointment was unanimously ratified by the ACNA Executive Committee. As dean, Bishop Harvey will support the Primate by representing Archbishop Duncan at various events and meetings both within North America and internationally when the Primate is unable to attend.

The December meetings of the ACNA College of Bishops and Provincial Council identified the need for a dean to support the Primate and ease what was quickly becoming an overwhelming engagement schedule. In his new capacity as dean, Bishop Harvey will work closely with Archbishop Duncan and will be available to represent the Primate and ACNA when needed.

Bishop Harvey, who has nearly fifty years of ordained ministry, has worked closely with Archbishop Duncan for many years, as they together with others provided leadership to Biblically-faithful North America Anglicans and Episcopalians. He is well known and respected by global Anglican leaders and has built relationships with a number of Primates.

“I am delighted that Bishop Harvey has agreed to take on this new responsibility,” said Archbishop Duncan. “When the Executive Committee unanimously recommended that we create the role of “Dean of the Province”, and the Provincial Council concurred, I immediately began sounding out the members of the Executive Committee. There was unanimous sentiment among all consulted that the one senior bishop who could most easily and acceptably stand in my place was Bishop Donald Harvey.”

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Anglican Network in Canada (ANiC) parishes Appeal Court Decision

December 24th, 2009 Chris Sugden Posted in Anglican Network in Canada Comments Off

The trustees of four Anglican Network in Canada (ANiC) congregations in the greater Vancouver area have filed an appeal of Mr Justice Stephen Kelleher’s BC Supreme Court decision of November 25, 2009, in order to preserve their vibrant Anglican ministries. The four parishes, St Matthew’s (Abbotsford), St Matthias & St Luke’s (Vancouver), St John’s Shaughnessy (Vancouver) and Church of the Good Shepherd (Vancouver), have an average Sunday attendance of approximately 1500 people and are involved in many ministries throughout the week serving their communities.

The trustees of the churches had asked the courts in September 2008 to clarify their responsibilities after the bishop of the Diocese of New Westminster purported to replace the trustees and seize the parish bank accounts in two of the congregations. Mr Justice Kelleher found the bishop had no legal or canonical authority to replace the trustees, but he also said that the trustees owed a duty to use the church properties for the benefit of the diocese and the Anglican Church of Canada. This has left the parties in a difficult and unworkable position since both parties feel they are upholding the principles upon which the Anglican Church of Canada and the diocese were founded, but they have very different views about what that means.

“Our legal counsel have advised our parishes that there are strong legal arguments that warrant an appeal,” said Cheryl Chang, Chancellor (in-house legal advisor) for the ANiC. “Since, the deadline for filing an appeal is 30 days from the date of judgment, and since this Christmas period is the busiest season in the church year with many additional worship services and events, the trustees felt it was necessary to file the appeal now in order to protect their rights and keep their options open. This will also allow the congregations more time to discern together and move forward in unity. It has been difficult over the Christmas season for the congregations to properly consult and determine what course of action is best for their Gospel witness and ministries. They plan to continue looking at their options in the New Year. Filing an appeal now preserves their rights and their ability to maintain their ministries.”

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ACL message of support for Vancouver churches

December 1st, 2009 Jill Posted in Anglican Network in Canada, Sydney Anglicans Comments Off

From ACL Sydney

“The Anglican Church League commends the leadership of the Anglican Network in Canada on its godly response to the  decision of the B.C. Supreme Court.

We remain committed to supporting the  faithful men and women of the four congregations (St John’s Shaughnessy, St Matthew’s Abbotsford, St Matthias & St Luke West 49th Vancouver, and Good Shepherd Church East 19th Vancouver) who have suffered over the past months and now face a measure of uncertainty about the future.

Throughout this ordeal it has been apparent to those who have been watching around the world that these four congregations are facing persecution for their steadfast resolve to remain true to the word of God. In this they have shown themselves to be faithful disciples of Christ and true heirs of the Anglican heritage of Cranmer, Latimer, Ridley and others. We have been encouraged by their graciousness amidst extraordinary provocation and by their refusal to surrender biblical principles for the sake of an illusory peace. With or without their buildings they are the blessed people of God who by their example are blessing others.

The ACL Council encourages all its members to continue in prayer for these four congregations, and in particular those who serve them in leadership, at this difficult time.

Mark D Thompson
ACL President.”

Related: Nov 25, 2009 letter from St. John’s Shaughnessy Leadership.

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Vancouver’s James Packer leads battle against Satan

November 27th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada, Apologetics, Theology Comments Off

By Douglas Todd,  Vancouver Sun

One of the most influential evangelical theologians in North America lives in Vancouver. Unknown to many Canadians, James (J.I.) Packer, 83, has for 50 years led evangelicals on the  "right theological path in 60-plus books, including the influential Knowing God (which has sold two million copies)," says a new profile in World Magazine.
Packer recently left the Anglican Church of Canada because of what he considers its increasing liberal values, particularly the willingness some dioceses have been showing to bless same-sex relationships. He continues to attend St. John's Shaughnessy Anglican Church in Vancouver, which has also split away from the Anglican Church of Canada.
 
{St. John's Shaughnessy parish was one of those launching a lawsuit over property against the diocese. The case was decided, by coincidence, six hours after I posted this item. Go here for story about the B.C. Supreme Court ruling.}
 
Unlike many clergy and theologians today, Packer is not abundantly cautious in sharing his views with the wider, secular world, which he judges, along with liberal Christianity, infected by Satan, the arch-foe of God who appears in many New Testament passages. Packer does not pull his punches. Like it or not, and many don't (including most mainline Christians and even many evangelicals), with Packer you know exactly where you stand.
"What has happened to the Anglican Church of Canada makes me sick. Our diocese had enmeshed itself in heresy. Homosexual partnerships were not just tolerated but celebrated. And that was just one of several important issues," Packer said in the recent issue of World Magazine, a large North American publication with head offices in North Carolina that promotes conservative Protestantism and the inerrancy of the Bible.
But Packer is upbeat about the future of conservative evangelicalism in North America. He believes conservative evangelical Christianity is the force for goodness, leading the charge against the evil unleashed by Satan.
"Evangelical seminaries are full. Liberal seminaries are half-empty. That steady flow of evangelical clergy is getting stronger. Of course, the secular culture is getting stronger as well, and everything that evangelicals do to further the gospel is opposed by Satan. Sometimes that gets the attention of the media. So even with Satan and secular culture aligned against us, when I see what God is doing in the lives of many of the young people I teach, I have much reason to hope."
Though officially retired from Regent College, on the UBC campus, Packer still teaches classes there and keeps a teaching assistant busy with his projects, says the World profile, headlined "Patriarch." Two of his favorite pastimes are listening to jazz music—especially pre-World War II masters such as Jelly Roll Morton—and reading mystery novels. A mild stroke, or TIA, in late October temporarily limited his travels, but he has continued to preach.
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Court rules church properties remain with diocese of New Westminster

November 27th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

St John's ShaughnessyFrom Anglican Journal

The Supreme Court of British Columbia ruled yesterday that the Anglican Church of Canada’s diocese of New Westminster retains possession of four church properties worth an estimated $20 million. Members of congregations in these churches, who voted to leave the Anglican Church of Canada and join the more conservative Anglican Network in Canada (ANiC), claimed these properties were held in trust for them.

Justice Stephen Kelleher did, however, rule that a $2.2 million bequest from a parishioner at one of the four churches should be held in trust for the building fund of the ANiC congregation.

The congregation at St. John’s (Shaughnessy), the largest parish in Canada, as well as congregations at Parish of the Good Shepherd, St. Matthias and St. Luke in Vancouver, and St. Matthew’s in Abbotsford all voted to leave the Anglican Church of Canada over theological differences, including objections to the blessing of same-sex unions and interpretations of Scriptural authority. In the ensuing dispute over who rightfully controlled the church properties, representatives of the parishes filed two lawsuits against the diocese. They claimed that parish properties are held in trust for the purposes of ministry consistent with historic, orthodox Anglican doctrine and practice, and that the Anglican Church of Canada had broken with that doctrine and practice, notably by allowing the blessing of same-sex unions.

In his judgment, however, Justice Kelleher wrote that “a trust which freezes doctrine at a point in history is inconsistent with the history of change and evolution in Anglicanism. For example, the ACC now permits the remarriage of divorced persons. The church ordains women as priests, and there are also female diocesan bishops in the [Anglican Church of Canada]. These developments are inconsistent with what many would consider historic and orthodox Anglicanism.” He also wrote that, according to resolutions passed at General Synod 2007, the issue of same-sex blessings is one of doctrine, but not core or fundamental doctrine, for the Anglican Church of Canada. “Accordingly, there is no breach of trust on even the terms the plaintiffs put forth.”  He concluded that the parish properties are “held on trust for Anglican ministry as defined by the [Anglican Church of Canada].”

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Anglican Network in Canada: Three new Bishops consecrated

November 16th, 2009 Jill Posted in Anglican Network in Canada Comments Off

From ANiC

St Catharines, Ontario – Three bishops were consecrated today in St Catharines, Ontario into the Church of God for ministry in the Anglican Network in Canada. The Right Reverend Stephen Leung, the Right Reverend Charles Masters and the Right Reverend Dr Trevor Walters were consecrated today by the Most Reverend Robert Duncan in a service which saw the participation of 15 bishops and more than 60 priests and deacons from across North America.

The service of consecration was the culmination of the second synod (church convention) of the Anglican Network in Canada (ANiC). During the synod, ANiC moderator, the Right Reverend Donald Harvey announced his intention to step down in November 2010. The Right Reverend Malcolm Harding, who like Bishop Harvey emerged from retirement in November 2007 to serve as the original bishops of ANiC, re-retired earlier in June.

It was also announced that the third synod would be held in Ottawa in early November 2010. The synod is planned to coincide with the visit by the Right Reverend Dr Michael Nazir-Ali, recently retired Bishop of Rochester, to ANiC’s St George’s Anglican Church for their 125th anniversary celebration.

Messages of greeting, support and encouragement were sent to synod from a number of bishops from the Church of England and from Primates (Church leaders) representing the majority of active Anglicans in the global Anglican Communion.

ANiC is under the Episcopal authority of Bishop Harvey and is a diocese in the Anglican Church in North America which unites over 100,000 faithful Anglicans from across this continent. It now numbers 33 parishes and eight forming congregations in North America with more than 3500 in church on an average Sunday.

Members of the Anglican Network in Canada are committed to remaining faithful to Holy Scripture and established Anglican doctrine and to ensuring that orthodox Anglicans are able to remain in full communion with their Anglican brothers and sisters outside North America. The newly adopted mission statement for the Anglican Network in Canada is “Building Biblically faithful, Gospel sharing, Anglican churches.”
 

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Greetings from Archbishop Bob Duncan to the synod of the Anglican Network in Canada Church

November 13th, 2009 Chris Sugden Posted in Anglican Network in Canada Comments Off

Notes of the greetings when Archbishop Robert Duncan spoke to the second synod of the Anglican Network in Canada Church. Not necessarily verbatim

It is my joy as your Archbishop to greet you. It is my great joy to be here among you.  We have come a long way.  These are happy days.

It is easier to escape Egypt than Egypt’s patterns and behaviours.  Let our synods be characterized by love, respect and care for one another and our commitment to the common good – committed to let Jesus have his way with the likes of us.

I give thanks to God for every remembrance of you .  This first Archbishop of ACNA always looks north with the greatest fondness.  You stretch an incredible distance from one coast to the other.  We are thankful for the way you stood and you stand. I will express my formal thanks to Moderator Don Harvey in my sermon in the consecration service.  I am grateful and thankful to Don in these years.  We have been so many places together.  You had the right man in leadership in these days. 

I greet you as the slave of the slaves of the slaves of God.  The Archbishop is tertiary and the congregations are primary.  The importance of the overseer is what is overseen.   The overseers are apostolic- but the purpose is for the church gathered in the local place.  Read the rest of this entry »

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Greetings to the bishops-elect of the Anglican Network in Canada Church

November 13th, 2009 Chris Sugden Posted in Anglican Network in Canada Comments Off

Greetings from Anglican Mainstream, Fellowship of Confessing Anglicans (UK and Ireland), the Bishops of Chester and Winchesterr and the Archbishop of Sydney.

Anglican Mainstream sends warm greetings and prayers to the Anglican Network in Canada and rejoice with you in celebrating the consecration of your new bishops. The brave biblical faithfulness of your Network as part of the Anglican Church of North America is an important witness in today's society to the loving purposes of God for the wholesomeness of society and family life, the supreme lordship of Jesus Christ and the reliability and authority of the Bible.
 
Dr Philip Giddings, Convenor
Canon Dr Chris Sugden, Secretary

From the Fellowship of Confessing Anglicans (UK and Ireland)

To Bishop Donald Harvey, and Bishops-elect Stephen Leung, Charlie Masters and Trevor Walters

On behalf of The Fellowship of Confessing Anglicans (UK and Ireland), we send warmest greetings and assurance of our prayers to you as new Canadian Bishops of the Anglican Church in North America. We were very privileged to welcome your Moderator Bishop Don Harvey in February to speak at a meeting at General Synod and your Archbishop, Bob Duncan to speak at our launch in London in July. We are delighted to be in fellowship and communion with you. We pray for your ministry and your communities as you witness in Canada to historic Anglican Christian faith, to the supreme Lordship of Jesus Christ and to the authority of the Holy Scriptures to bring God's truth, life and freedom to your people. May the Holy Spirit empower and strengthen you for the work to which he has called you.

Revd Paul Perkin – Chair
Bishop Michael Nazir Ali
Bishop Wallace Benn  President of Church of England Evangelical Council and Bishop of Lewes, England
Revd Eddie Coulter, Church of Ireland
Mrs Sarah Finch, Member of General Synod CofE
Revd Francis Gardom  Anglican Association
Chancellor Dr Tudor Griffiths Church in Wales
Revd David McCarthy, Scottish Episcopal Evangelical Fellowship
Mr Hugh Pratt
Rev Rod Thomas  Chair of Reform
Canon Dr Chris Sugden  Secretary

Fellowship of Confessing Anglicans (UK and Ireland).

From Archbishop Peter Jensen, Secretary of GAFCON Primates Council:

Be strong in the Lord and in his mighty power. Put on the whole armour of God so that you can take your stand. Preach the word, correct, rebuke and encourage. With our love, prayers, support and encouragement for your ministry. Read the rest of this entry »

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View Anglican Network in Canada Synod November 11–13 live

November 12th, 2009 Jill Posted in Anglican Network in Canada Comments Off

View here  to see live the synod of the Anglican Network in Canada November 11-13, culminating in the consecration of Stephen Leung, Charlie Masters and Trevor Walters as bishops on Friday November 13 at 6 p.m.GMT.

Read Daily Blog note of presentations and information here

The Mission Statement of ANiC: 

Building biblically-faithful, gospel sharing, Anglican churches. 

The Vision Statement:

Every region, enduring churches, excellence in leadership and equipped members.

View the schedule here ( GMT – 5 hours)

Extract from Moderator Bishop Don Harvey's charge:  thanks to Archbishop Greg Venables and distress at "invitation" from the Vatican

Archbishop Greg Venables’ bold willingness to accept our Network into the jurisdiction of the Southern Cone on a pastoral, emergency, temporary basis, despite international opposition from very high sources, made what we are doing here today possible, and without that action, not just us, but several other dioceses and their bishops would have been backed into an impossible corner.

The Constitution, Canons and By-Laws will become a major project for the coming year.

Two years ago when we launched our movement with two bishops, two deacons, two priests and two parishes, we now have six bishops, 33 bishops and plants, over 80 clergy and with an average Sunday attendance approaching 4000.

We have made the conscious decision that we want to remain part of the Anglican Communion, even though there are many other options open to us.  Despite the ravages Anglicanism is enduring at home and abroad, it is still a valid expression of Christ’s One, Holy, Catholic and Apostolic Church.

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Anglican Network in Canada Responds to Vatican Announcement

October 22nd, 2009 sarah Posted in Anglican Church Of Canada, Anglican Network in Canada, Canada, Church of England, Roman Catholicism Comments Off

Stand Firm:

 

October 21, 2009

Today, the Roman Catholic Church released an “Apostolic Constitution” offering a way for some orthodox Anglicans to enter into a full communion relationship with the Roman Catholic Church while preserving some aspects of their Anglican heritage. This action recognizes how deeply broken the Anglican Communion has become as a result of the abandonment by some Anglican leaders of historic Christian teaching and discipline. Like the Roman Catholic Church, the Anglican Church in North America – of which ANiC is a part – has also provided a means for those within North America to remain faithful Anglicans.

“We are encouraged to see the Archbishop of Canterbury working with the Vatican to make accommodate these Anglicans,” said the Right Reverend Donald Harvey, moderator of the Anglican Network in Canada. “We urge him to do the same for us by joining with the Anglican Primates who have already officially recognized and endorsed the Anglican Church in North America.”

The Most Reverend Robert Duncan, Archbishop and Primate of the Anglican Church in North America also responded, saying in part, “We… thank God for the partnership that orthodox Anglicans have long enjoyed with the Roman Catholic Church… While our historic differences over church governance, dogmas regarding the Blessed Virgin Mary and the nature of Holy Orders continue to be points of prayerful dialogue, we look forward to an ever deepening partnership with the Catholic Church throughout the world.” [See Archbishop Duncan’s full statement here.] Read the rest of this entry »

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Vancouver Anglicans muster into new orthodox grouping

June 22nd, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

Revd Canon David ShortBy David Karp, Vancouver Sun (H/T VOL)

St. John’s Anglican Church in Vancouver will join a new group of conservative parishes, the latest move in an ideological battle over same-sex marriage with the local Anglican authority.

St. John’s Rev. Canon David Short will be in Texas this week for meetings to create the Anglican Church of North America. It will include roughly 700 parishes, which are united in their belief in orthodox principles. All 30 parishes that make up the conservative Anglican Network in Canada will join.

The new group will be a permanent home for St. John’s, the largest Canadian Anglican parish, with four services and roughly 1,000 worshippers most Sundays.

After leaving the Diocese of New Westminster, which authorized same-sex blessings in 2002, St. John’s joined the Diocese of the Southern Cone in South America in February 2008. The new Anglican Church of North America will unite it with conservative Anglican churches closer to home.

"The new (group) is the response of many orthodox groupings in Canada and the United States to the innovation of Canadian and American churches," said Short. "We believe that you cannot innovate. It’s the same Jesus yesterday, today and forever."

While St. John’s will gain a new spiritual home this week, it is fighting to keep its physical home, a property worth roughly $15 million in Vancouver’s upscale Shaughnessy neighbourhood.

In August 2008, the Diocese of New Westminster froze the bank accounts and fired the trustees of two conservative churches, St. Matthew’s in Abbotsford and St. Matthias & St. Luke in Vancouver, claiming control over their assets.

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Day 11 – ANiC Parishes v Diocese of New Westminster – June 11, 2009

June 16th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

From ANiC

Counsel for the diocese continued their closing argument, followed, in the mid-afternoon, by counsel for the ANiC parishes offering a partial reply to the end of the day and submitting a more complete written reply by the following Monday morning.

Counsel for the diocese

George Macintosh, Q.C. began the day by handing up to the judge a copy of the Anglican Consultative Council’s process to apply to be a new province, noting it had been mentioned yesterday. He said it references the mechanisms they employ to initiate a new province and highlighted S. 12 for Mr. Justice Kelleher.

Mr. Cowper, Q.C., agreed to allow it to be marked as an Exhibit on the understanding there is debate in the Communion, and between the parties in particular, on whether there are other processes available, and that the ACC is considered an advisory body only; it is – as its name denotes – “consultative”. (Note: it is highly unusual to submit further evidence during closing argument, but this “Expedited Trial” has allowed many unusual processes by agreement)

Mr. Macintosh also handed up a case that was decided two days earlier in the Court of Appeal in the State of California .

He referred to Mr. Cowper’s comment yesterday that the deferential approach is not the law in Canada. The purpose of that submission, he said, would be to urge the court not to consider the American cases. He said he took issue with Mr. Cowper’s view that the U.S. law developed differently in Canada. “It may well be that U.S. constitution took the court into the same place, but it is clear in my submission that courts in both countries defer to internal church rules and . . . defer to the church on theological issues.” He referred to a paragraph in Mr. Cowper’s argument that quoted a 1979 case in which the U.S. Supreme Court specifically said the neutral principles of law approach (NPA) was “mandated by the First Amendment”, to which Mr. Macintosh said “ I say fair enough.” However, he respectfully disagreed with the next paragraph, which says the courts in Australia and Canada have noted the NPA but have not adopted it, .

It was Mr. Macintosh’s submission that an alleged trust gives way to a statutory or contractual regime that is inconsistent with it. In conclusion, he made three counter points:

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New Westminster diocese court case hearings end

June 13th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

From Anglican Journal

Supreme Court of British Columbia hearings have concluded in a case that will decide whether the Anglican diocese of New Westminister or parishes that have split away from the Anglican Church of Canada own disputed church buildings and resources. Judge Stephen Kelleher reserved his judgment and did not say when he might announce a decision.

Two lawsuits were filed against the diocese of New Westminster and its bishop, Michael Ingham, by clergy who cut ties with the Anglican Church of Canada 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 Anglican church buildings in British Columbia as well as in Ontario, but this trial will be the first in Canada to rule on which side owns the buildings and resources.

One suit was filed by Rev. David Short, Rev. Trevor Walters, and Rev. Simon Chin who lead congregations at St. John’s (Shaughnessy) in Vancouver, St. Matthew’s in Abbotsford, B.C. and St. Matthias and St. Luke in Vancouver, respectively, and 14 other individuals. The other was filed by Rev. Stephen Leung of Good Shepherd Church in Vancouver and four other people.

The clergy in these cases 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 Anglican Church in North America (ACNA). ACNA is composed of clergy and congregations that have left the Anglican Church of Canada and The Episcopal Church. ACNA has been recognized by some conservative primates (national archbishops) and hopes to be recognized as a new, theologically-defined province in the worldwide Anglican Communion. In the meanwhile, these churches have aligned themselves with the Anglican province of the Southern Cone, which is based in South America. However, Archbishop of Canterbury Rowan Williams has stated that the only ecclesial body he recognizes in Canada is the Anglican Church of Canada.

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Day 10 – ANiC v Diocese of New Westminster – June 10, 2009

June 11th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

Stanley Martin began the morning discussing the separate legal case with respect to the Chun Bequest. Dr. Daphne Chun died in 1992 and left a property in Hong Kong “to the building fund of the Church of the Good Shepherd”. The property was sold and the funds set aside until they could purchase a new building. With interest, the fund is now worth about $2.2 M.

Mr. Martin advised Mr. Justice Kelleher that, even if he should find against the parishes on the trust issues in respect of the other property and assets of the parishes, it was still open to him to find a specific charitable purpose intended to benefit the congregation of the Church of the Good Shepherd.

Citing a B.C. Supreme Court decision Rowland v Vancouver College Ltd., Mr. Martin said that to determine whether a bequest gives rise to a specific charitable purpose, “the courts will look to the intention of the testator (Dr. Chun), the subject matter of the trust, and its object or purpose.” The intention of the testator can be determined from the construction of the will and from the surrounding circumstances, before and during the making of the will.

Mr. Martin gave more material to Mr. Justice Kelleher and then made 2 submissions:

1. This was a charitable trust for a specific purpose which was “necessarily for the congregation that Dr. Chun was part of – for the building needs of the congregation rather than the ACoC”, or alternatively,

2. If the money is controlled by the diocese, then a Cy Pres occasion arises as there is no reasonable expectation that the funds will be used by the diocese for the intended purpose.

On the second point, he explained that there were three Chinese congregations that have left the diocese of New Westminster. One left to affiliate with the Anglican Coalition in Canada (Emmanuel, Richmond) and the other two joined ANiC (Good Shepherd and St. Matthias & St. Luke). Good Shepherd has always been a parish for outreach to the Chinese community, and in fact, planted St. Luke in 1993 and Emmanuel in 1996. The diocese has no substantial Chinese congregation and it would be unlikely they would set out to build a new church for a Chinese congregation. Therefore, they would not be able to fulfill Dr. Chun’s specific charitable purpose.

Mr. Martin said the law takes a broad view of what the Testator intended when they made the specific bequest. A charitable trust never fails for uncertainty, he said. It is a matter of construction of the general purpose as distinct from specific purpose.

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Day 9 – ANiC Parishes Closing Argument

June 10th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

Stanley Martin began the day with a discussion on the Anglican Context of this case to help Mr. Justice Kelleher understand that the members of the ANiC parishes are Anglicans and that we are not asking the court to find that the diocese and bishop are not Anglicans. He summarized the parishes’ submissions.

1. The essential characteristics of Anglicanism throughout the world are enshrined in the Solemn Declaration of 1893, and also reflected in the fundamental principles of the diocese of New Westminster.
2. Anglican structures, whether international, national or diocesan, are intended to serve mission and ministry. They are adaptable as circumstances change.
3. It is clear in this case that there is a polarization of views as to what it means to be Anglican. Is it based upon a received faith, common faith and standard of teaching (as the parishes believe), or is it a structural relationship with constant evolution of doctrine (as the diocese believes)?
4. Behind the presenting issue, there are deeper “stress fractures” and theological divisions within Canadian Anglicanism.
5. Being Anglican is enormously important to the members of the congregations. The clergy and parishioners are deeply committed and the steps they’ve taken are to preserve their distinctive characteristics as Anglicans they have always valued.

He discussed “Anglican DNA”, (a term used in the recent Galilee Report of the Canadian Primate’s Theological Commission), referencing the evidence set out in the affidavits of Dr. John Stackhouse and Dr. J.I. Packer. Principally, Anglicanism is:

• catholic Christianity, embracing the fullness of the historic and apostolic faith.
• canonical Christianity, with its faith and practice based wholly on the Bible.
• creedal Christianity – including maintaining them and using them liturgically.
• comprehensive Christianity – not anything goes, but what is primary and essential?

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Canada: St John’s Shaughnessy – what the trial is about

June 10th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

From St John’s Website

legal update > basic background

What is this trial about?
In the last year, when Anglican churches voted to seek temporary Episcopal oversight under ANiC (The Anglican Network in Canada) various dioceses of the Anglican Church of Canada responded by seeking to seize properties and replace elected trustees. The purpose of joining ANiC was to remain in communion with the worldwide Anglican Church and receive leadership from an orthodox bishop. St. John’s and three other local ANiC churches have asked the Supreme Court of B.C. to clarify who are the proper trustees of our congregations (the ones we elected or the ones appointed by the diocese) and for what purposes the buildings are held in trust. We are asking the court to recognize we are committed to remaining Anglican and for continuing to worship in our churches. We are the first churches asking the court to rule on these issues. Previous cases have only involved rulings on interim use of buildings.

Isn’t it about blessing same-sex relationships?
The blessing of same-sex unions is the presenting issue. The core issue is a deeply profound theological difference in the understanding and interpretation of scripture and what it means to be “Anglican”. It is clear that the Diocesan leadership no longer believes, adheres to and or seeks to preserve the core doctrines of the Anglican Christian faith, such as the uniqueness of Jesus, the physical resurrection, and the authority of Scripture, or the accepted teachings of the Anglican Communion.

A court hearing about church seems extreme. How did we get here?
Over the last ten years, the leadership of St. John’s has been working through local, national and international processes to resolve this issue. There has been no resolution that would keep St. John’s in communion with the world wide Anglican Church for this generation and the next. We have sought mediated solutions but none has proved successful. In August 2008, after the Diocese of New Westminster sought to seize the property and replace the clergy and trustees at St. Matthew’s Abbotsford and St. Matthias & St. Luke, the trustees of these churches, along with St. John’s Shaughnessy and Church of the Good Shepherd, were forced to go to the courts for clarification. This decision, as with all the decisions related to this matter in the last 10 years, was done after much prayer and the reviewing of alternatives. It was not done in haste.

How can I help or participate?
There are a number of ways in which you can participate and help as individuals, families, and within your small groups.

PRAY: Please include in your individual, family, and Bible study prayer times, prayers for the trial process, God’s protection, His will to be done and growth in His kingdom in Vancouver.

GIVE: You can give to the legal fund through the church offering or by dropping off your gift to the church office. Please make cheques out to ANiC – St. John’s Project and designate it to the legal fund.

ENGAGE: Be prepared to speak about your faith when the opportunity arises and seek to explain the Gospel.

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New Westminster – New Gospel; the ANiC trial

June 5th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

The Revd Charles RavenBy Charles Raven, SPREAD

Court cases between orthodox parishes and revisionist dioceses have, sadly, become something of a commonplace in North America, but the current court battle in the Supreme Court of British Columbia between four Anglican Network in Canada parishes, including St John’s Shaughnessy, and the Anglican Church of Canada’s Diocese of New Westminster led by Bishop Michael Ingham is proving to be very revealing.

This is the first time a Canadian court has been asked to rule on the question of overall control of Anglican church property. The trial itself began on 25th May and has some time to go, with judgement not expected until late summer, but whether they win or lose, the Anglican Network in Canada (ANiC) has already done orthodox Anglicans – if they take notice – a great service by this bold decision to take a legal stand.

The ANiC parishes’ case is essentially very simple; that the Diocese of New Westminster under Bishop Michael Ingham no longer holds to the central doctrines of the Christian faith; it has reinvented the gospel and the presenting issue, the blessing of same sex unions, is simply a symptom of this deeper malaise. In evidence at the trial on day three , a member of one of the ANiC congregations spoke of her shock as far back as 1994 when Bishop Michael Ingham denied the uniqueness of Jesus as the only saviour and in 1997 he subsequently enlarged on this theme in his book ‘Mansions of the Spirit’. As members of the ANiC, they are aligned with the orthodox majority in the Anglican Communion through the GAFCON movement and see that they have a duty to ensure that historic assets are protected and held in trust for orthodox Anglican ministry. In essence, their argument turns on a confessional understanding of the church – that a valid Anglican Church is one which is faithful to historic and orthodox Anglican doctrine and practice.  

Read here. 

 

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Confused or Faithful

June 5th, 2009 Chris Sugden Posted in Anglican Church Of Canada, Anglican Church in North America, Anglican Covenant, Anglican Network in Canada, Fellowship of Confessing Anglicans (FCA) Comments Off

Chris Sugden,  New Directions June 2009

A case is being heard this week in the Vancouver courts to settle whether St John’s Church Shaughnessy, the largest congregation in the Anglican Church of Canada, is an authentic Anglican church and therefore entitled to retain its property, or whether it has to cede it to the Diocese of New Westminster and its Bishop, Michael Ingham. Bishop Ingham’s authorization of same-sex blessings in 2003 was the earliest expression in the Anglican Communion of the current wave of heterodox practices causing the current crisis.

In the USA, members of the church vestry at Grace Church and St Stephen’s Parish Colorado Springs are being personally sued for hundreds of thousands of dollars. Their rector was turned out of the rectory by The Episcopal Church in March. 

These realities seem to be little known in the Church of England.

The strategy of the senior leadership in the Anglican Communion would appear to be to keep both those promoting the liberal agenda through suing faithful Anglicans and those being persecuted while maintaining traditional Anglican faith and practice talking.   This was clear at the Anglican Consultative Council in Jamaica (May 1-13).

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Day 7 – ANiC Parishes v Diocese of New Westminster – June 3 09

June 4th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off

From ANiC

Ms Ludmila Herbst, Associate Counsel for the bishop and diocese, called three witnesses today. 

Rev Kevin Dixon was the first witness. He came to St Mary’s in 1997, and was an associate priest at St Mary’s from 1997-1999 when he became rector.

Born and raised in the Huron diocese, he attended his first diocesan synod as a youth delegate in the 1970s. He was theologically trained in the diocese of Huron and has a long history of Huron diocese clergy in his family.

There was discussion at the diocesan synod in 1979, just after the 1979 House of Bishops (HOB) statement came out. In response, he attended two dialogue processes in the diocese using resources developed by the national church. He said there had been a number of resolutions in the Huron Synod over the years, including a motion to endorse the ordination of celibate homosexuals.

St Mary’s incorporated in 1911 and has 1800 names on parish list with approximately 300-350 on a Sunday morning over three services, including one which uses the BCP. He said it is an active parish, with a diversity of ages, Sunday school and outreach. He said “The perspectives held within the parish are quite diverse.”

His international involvement includes being on the Board of Directors of the Cristosal Foundation; as well St Mary’s is a member of the Compass Rose Society. He said that when he attends international meetings, he identifies himself as from the diocese of New Westminster and he is “always welcome”.

He said that he had no recollection of learning about the Solemn Declaration of 1893 while in seminary and his first recollection of hearing about it “as having any significance was at an event at Trinity Western University in 2001. I heard Dr. J I Packer making reference to the Solemn Declaration.” Otherwise, he said, he only heard about it in the context of this litigation.

He said that St Mary’s was twinned with St John’s for the Dialogue process. He thought that the “materials were balanced, but I thought that Edith Humphrey was not as cogent as others. It seemed the author was more focused on ‘you can’ t bless that’ – it was more polemic.” (Note: Edith Humphrey has given affidavit evidence as one of the parishes’ expert witnesses.)

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