Proposal

Theological Basis
"is nobody among you wise enough to judge a dispute?" [1 Corinthians 6:5 niv]
"the imperative of justice, which, as a measure of faithfulness, must not only be done but also be seen to be done" [Manual 065(b)]

Whereas the United Church initiated court action against the Dover Centre congregation [The United Church of Canada v. Anderson, Provincial Court (General Division) 1991 2 O.R. (3rd) 304]; and

Whereas the United Church used decision from that court action to seize properties of the Dover Centre congregation; and

Whereas the justice of the decision and of the subsequent seizing of properties is questioned as reference to Supreme Court of Canada decision Ferguson v. MacLean 1930 S.C.R. 630 failed to consider repeated statement that properties of former Presbyterian congregations continue to belong to those congregations and not to the denomination; and

Whereas appeal through the civil courts is neither requested nor appropriate use of financial resources; and

Whereas the General Council has retroactively considered the justice of other actions of the church;

THEREFORE BE IT RESOLVED that Renfrew Presbytery request the 39th General Council to consider Supreme Court of Canada decision Ferguson v. MacLean 1930 S.C.R. 630 statement that properties of former Presbyterian congregations continue to belong to those congregations and not to the denomination, and if the imperative of justice requires to make apology and restitution to the Dover Centre congregation.
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The initial draft of the proposal used legal language as the church argument is legal, based on the definition of reversionary interests as decided in The United Church of Canada v. Anderson, Provincial Court (General Division) 1991 2 O.R. (3rd) 304; see Congregational Board of Trustees Handbook pp. 11-12

Reference to only the minority opinion of Duff J., Ferguson v. MacLean 1930 S.C.R. 630 in The United Church of Canada v. Anderson, Provincial Court (General Division) 1991 2 O.R. (3rd) 304 with respect to reversionary interests is inadequate proof texting, similar to summarizing the parable of the good Samaritan as 'the priest and the Levite "passed by on the other side"':

Stated simply the argument used by Duff J. and adopted as precedent by The United Church of Canada v. Anderson was if the church has an interest in the property, even one which only takes effect if the congregation ceases to exist or has become disorganized, nevertheless it is an interest and the exception "any real or personal property belonging to or held by or in trust for or to the use of any congregation, whether a congregation of the negotiating churches or a congregation received into The United Church after the coming into force of this Act, solely for its own benefit, and in which the denomination to which such congregation belongs has no right or interest, reversionary or otherwise, shall not be subject to the provisions of section 4 hereof or to the control of The United Church, unless and until any such congregation at a meeting thereof regularly called for the purpose shall consent that such provisions shall apply to any such property or a specified part thereof" does not apply.

The unreferenced majority opinion of Ferguson v. MacLean 1930 S.C.R. 630 stated unequivocally that properties of former Presbyterian congregations continue to belong to the congregation and not to the denomination with respect to reversionary interests:

Congregational Board of Trustees Handbook is at
http://www.united-church.ca/mtf/pdf/trustees2004.pdf
court decisions are at
http://www.axz.ca/dover.htm
http://www.axz.ca/ferguson.htm
and statute incorporating the Board of Trustees of the Presbyterian Church is at
http://www.axz.ca/act_10.htm