Justice reserves judgment in Anglican church dispute

Congregants at three breakaway Anglican churches are thrilled to be celebrating the Christian faith's most important week in their parish buildings, even if they were somewhat disappointed a judge wasn't ready Thursday to make a definitive ruling in their property dispute with the diocese.

The contentious issue of who owns the southern Ontario churches where parishioners voted overwhelmingly in favour of splitting from the church was back before the courts, where a judge was asked to entertain a joint-custody scenario.

The Anglican Diocese of Niagara made the plea after the congregations of the parishes decided to leave over fundamental theological differences — namely the church's liberal leaning towards things like same-sex unions.

St. Hilda's in Oakville, St. George's in Lowville and Good Shepherd in St. Catharines have all left the Anglican Church of Canada and are now aligned with the more conservative Anglican Network in Canada.

They're seeking exclusive use of the church buildings without interference from the diocese, which is asking the court to order the facilities be shared and jointly managed by the two groups.

Ontario Superior Court Justice Jane Milanetti reserved judgment Thursday, so an interim order issued last month that awarded the breakaway parishes exclusive temporary use of the facilities will remain in effect through the Easter weekend.

"We've always said that our desire is just to carry on with our ministry … and what more important weekend than this weekend," Rev. Charlie Masters of St. George's.

"It's sort of a little bit of an empty feeling not to have an answer which is more definitive, but I can certainly understand how time would be required to understand all the information that has been given today."

Diocese spokesman Rev. Richard Jones was also pleased to see the judge take time to review the facts before making a decision, noting "we knew this was going to be a long process."

"Right now we need to turn our attention to the fact that this is the holiest weekend of the Christian year," he said, noting displaced parishioners who still wish to worship under the Anglican Church of Canada banner will be accommodated.

During the hearing, diocese lawyer John Page argued that cannon, or church law, prevents the buildings from being sold, leased or mortgaged without permission from the bishop. Ultimately, the issue is one of property rights, he said, suggesting the church buildings are held in trust for the diocese.

"There has been no give from these withdrawing parishes," Page told the court.

"We think the words fair and equitable have to include some access, or there will be irreparable injury."

Lawyers for the three Niagara parishes suggested the properties are held in trust for the congregants.

They said it was the diocese that broke cannon law, both when it deviated from the scripture and when it unilaterally, and without due process, suspended the priests who voted to split, demanded the keys to the buildings, sought to freeze the church bank accounts and took them to court.

The breakaway parishes insist the split really just affects a small group from St. George's. Congregants from the other churches were unanimous in their decision to leave.

"Make no mistake, this is about the diocese wanting to come in and plant its foot," said lawyer Peter Jervis, noting the breakaway parishes continue to welcome anyone who wants to worship.

"We should call it what it is."

The congregations are among some 15 parishes in Canada, namely British Columbia and Ontario, that are looking to split from the church.