By George Conger, CEN
August 24th, 2011 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off
By George Conger, CEN
June 19th, 2011 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off
From ACL Sydney
David Short, Rector of St. John’s Shaughnessy:
“the way we respond is a God-given opportunity to bear witness to Christ. As those who are disciples of Jesus Christ, this is not just about ‘what’ we do but also ‘how’ we do it. In some ways nothing will change with the decision on Thursday. We are still God’s family, and he has placed us in Vancouver to spread his glory.”
June 17th, 2011 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off
By Neal Hall, Vancouver Sun
November 16th, 2010 Chris Sugden Posted in Anglican Network in Canada Comments Off
Anglican Network in Canada NEWS RELEASE 15 November 2010
Vancouver, BC – In a decision released today, the BC Court of Appeal has dismissed an appeal by four Anglican Network in Canada churches in the Vancouver area. The four parishes – St John’s (Vancouver), St Matthews (Abbotsford), Good Shepherd (Vancouver), and St Matthias & St Luke’s (Vancouver) – had appealed a November 25, 2009 decision of Mr Justice Stephen Kelleher awarding beneficial ownership of church properties to the Diocese of New Westminster in the case involving the split in the Anglican Church. The Diocese of New Westminster’s counter appeal of Mr Justice Kelleher’s decision granting a sizeable bequest to the ANiC congregation of the Church of the Good Shepherd was also dismissed.
The appeals were heard in the B.C. Court of Appeal September 13-16, 2010, before Madam Justice Nicole Garson, Mr Justice P D Lowry and Madam Justice Mary Newbury.
“Obviously, we are deeply disappointed by this decision which is currently being reviewed by our legal counsel,” said Cheryl Chang, Special Counsel for the Anglican Network in Canada. “We are awaiting their advice before any discussion about an appeal can take place. The congregations have always said that if they are forced to choose between their buildings and their faith, they will choose their faith. That position remains unchanged.” Read the rest of this entry »
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.
January 12th, 2010 Jill Posted in Anglican Church in North America, Anglican Network in Canada Comments Off
From 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.”
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.”
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.
November 27th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada, Apologetics, Theology Comments Off
By Douglas Todd, Vancouver Sun
November 27th, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off
From 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].”
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.”
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 »
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 »
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.
October 22nd, 2009 sarah Posted in Anglican Church Of Canada, Anglican Network in Canada, Canada, Church of England, Roman Catholicism Comments Off

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 »
June 22nd, 2009 Jill Posted in Anglican Church Of Canada, Anglican Network in Canada Comments Off
By 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.
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:
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.
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.
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?