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Judge orders B.C. Diocese to allow Victoria parishioners immediate access to their church building after locking them out Friday night
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5 April 2008
Late this afternoon, a judge of the B.C. Supreme Court, Mr. Justice Sigurdson, ordered the Diocese of B.C (on Vancouver Island). to allow the people of St Mary of the Incarnation (Metchosin) in Victoria, BC, back into their building in time for Sunday services.
At 7pm Friday, April 4, a St Mary parishioner discovered Bishop James Cowan of the Diocese of British Columbia supervising the changing of the locks and installation of a security system at the St Mary church building, 4125 Metchosin Rd, Victoria, BC. No notice was given to the clergy or approximately 185 parishioners who were displaced from the building they worship in and which they built and paid for.
The parish and the diocese had been engaged in a discussion regarding an amicable process to address the property issues with the assistance of Archbishop Terry Buckle. The congregation was hopeful these discussions would avoid the need for court proceedings, so the diocese’s actions came as a complete surprise.
Earlier this year, on February 17, St Mary parishioners voted 105 to 14 – an overwhelming, 88 per cent majority – to seek episcopal oversight and protection from Bishop Donald Harvey and the Anglican Network in Canada (ANiC). Immediately prior to the vote being taken, the diocese had attempted preemptive action by inhibiting the two priests – the Venerable Sharon Hayton and the Rev Andrew Hewlett. The congregation proceeded with the vote in the absence of the clergy who had been prohibited from having contact with the congregation by the terms of the inhibition.
More recently, a negotiated agreement between the diocese and the clergy and people of St Mary resulted in a Joint Statement, posted to the diocesan website, which says in part, “On behalf of the Diocese of British Columbia, Archdeacon Bryant-Scott has agreed to the continued use of the building of St. Mary of the Incarnation, Metchosin by the Anglican Network congregation pending further discussions with The Most Reverend Terry Buckle.”
“We are very grateful that the people of St Mary will be able to worship in their building again this Sunday,” said Cheryl Chang, a director of the Anglican Network in Canada. “We have said all along that there are serious legal issues as to the ownership of these properties and we have asked the courts to preserve the status quo in the parishes while these bigger issues are being determined. We regret that court proceedings were necessary to defend the right of the congregation to continue worshipping in their church buildings. We continue to pray for and seek amicable discussions to resolve these issues.”
On February 29th, a judge in the Ontario Superior Court issued a short-term interim decision allowing three Niagara-area ANiC parishes exclusive use of their properties. A further hearing was held on March 20 regarding a longer term order, but the judge has not yet released her decision.
Anglican Network in Canada parishes are committed to remaining faithful to Holy Scripture and established Anglican doctrine and to ensuring that orthodox Canadian Anglicans are able to remain in full communion with their Anglican brothers and sisters around the world. Since the ANiC launched its ecclesial structure last November under the jurisdiction of the Anglican Province of the Southern Cone, it has received two bishops – Donald Harvey and Malcolm Harding – and 15 parishes.
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