If the United Church of Canada Apologized?

Right... you have to be kidding.

No, seriously, how would it affect you if the United Church of Canada apologized for seizing the properties of three congregations in 1991?

Property is a serious question. Serious enough to commit over two thousand hours of personal time to research and formally appeal the United Church of Canada statement about property.

So what do you learn from two thousand hours?

Congregation property is owned by the congregations irrespective of whether they were formerly Congregational, Evangelical United Brethren, Local Union Churches, Methodist, Presbyterian, or the property was subsequently acquired within the union. The United Church of Canada has limited rights, including the right to take possession of those properties if the congregation ceases to exist, only with respect to properties formerly Methodist or Evangelical United Brethren, or those acquired subsequently within the union.

Events before 1991 left several congregations contemplating seceding the union as they found they could no longer identify with the church because of its position about homosexuality. The United Church of Canada responded by seizing the properties of three congregations which had asked if they could purchase their property and leave the union, and then subsequently sold two of the properties back to the congregations. As the congregations had initially offered to purchase the properties, the issue was about more than property.

Property was used to intimidate dissenting congregations.

If misused/misunderstood, property distorts the way we function as a church. Many in the church still feel that misuse of property as "if you don't like it you can leave, but you leave your church behind" and are silenced, with questions of property keeping congregations within the denomination and in line with the church's policies.

What should hold a church together?

Should it not be relationship with Jesus Christ, a common faith, a shared witness, a shared concern for the state of human society and its weakest members, a shared willingness to hear as well as be heard? Or should it be that we stay together only because we don't want to lose our investment in the physical church building and land? When the question is put in these bald terms the answer seems obvious, and yet that is not the way the church has always acted.

A vital church must address controversial social issues as part of living in a secular society and dealing with people in ways that are reflective of Jesus Christ. However not all interpret faith in exactly the same way. The problem for Christians is not whether dissent exists, but rather how we deal with it.

Is it acceptable as a Christian to coerce?

The issue is important enough that the church as a whole needs to take it head on. If we live with the status quo, there will undoubtedly come a time again when congregations will be dispossessed of their properties. Either that or the United Church of Canada must learn a different way to deal with controversial issues... that the valuing of individual church members - what the reformation understood as the 'priesthood of all believers' - and simple justice require dialogue without intimidation. With the membership of the church retreating to a functional congregationalism we need to find a way back to the union envisioned in 1925.

The minutes of London Conference and of Executive/Sub-Executive of General Council have no record authorizing the property seizures, leaving the seizures as the isolated action of a few persons unless defended by the United Church of Canada. Apology would change the perspective with which the membership both interprets that time in history and enters the future.

Two thousand hours of formal legal thought would not be needed, not be wasted, if the United Church of Canada apologized... no kidding.

Definitive legal argument
http://www.axz.ca/vesting.htm
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Bibliography

Allan Farris, 'The Fathers of 1925', The Tide of Time, edited by John S. Moir, Knox College, 1978
C. E. Silcox, 'Church Union in Canada', Institute of Social and Religious Research, New York, 1933
Donald John MacRae Corbett, 'The Canadian Church Union of 1925 and the Law', Caven Library, Knox College 1957
E. Lloyd Morrow, 'Church Union in Canada' [Its History, Motives, Doctrine and Government], Thomas Allen Publisher, Toronto 1923
Gershom W. Mason, 'The Legislative Struggle for Church Union', The Ryerson Press, Toronto 1956
John S. Moir, 'Enduring Witness' [A History of the Presbyterian Church in Canada], Presbyterian Publications, Toronto 1974
John Webster Grant, 'The Canadian Experience of Church Union', Lutterworth Press, London 1967
N. Keith Clifford, 'The Resistance to Church Union' UBC Press, Vancouver 1985
The Presbyterian Church in Canada, 'Rules and Forms of Procedure in the Church Courts of the Presbyterian Church in Canada', The Westminster Co., Limited, Toronto 1909
The United Church of Canada, 'Congregational Board of Trustees Handbook', Etobicoke 2002
The United Church of Canada, 'Record of Proceedings', 1925 to 2003
The United Church of Canada, 'The Manual', United Church Publishing House, 1928 to 2004
The United Church of Canada, 'Year Book', 1926 to 2005
Thomas Buchanan Kilpatrick, 'Our Common Faith', The Ryerson Press, Toronto 1928 ['With a Brief History of the Church Union Movement in Canada', Kenneth H. Cousand]

Acts of Parliament
1861 c. 124 An Act respecting the Union of certain Presbyterian Churches therein named  Canada Province
1872 c. 107 An Act to enable the Trustees of the several Congregations...  Ontario
1873 c. 144 An Act respecting the Methodist New Connection Church of Canada  Ontario
1874 c. 75 An Act respecting the union of certain Presbyterian Churches therein named  Ontario
1874 c. 78 An Act respecting the Methodist Church of Canada  Ontario
1875 c. 48 An Act concerning the Congregations of Churches connected with the Church of Scotland in this Province  New Brunswick
1875 c. 99 An Act respecting the union of certain Presbyterian Churches therein named  New Brunswick
1883 c. 97 The Board of Management of the Church and Manse Building Fund of the Presbyterian Church in Canada for Manitoba and the North-West  Canada
1884 c 106 An Act respecting the Union of Certain Methodist Churches therein named  Canada
1887 c. 237 An Act respecting the Property of Religious Institutions  Ontario
1898 c. 38 An Ordinance respecting the Holding of Lands in Trust for Religious Societies and Congregations.  North-West Territories
1900 c. 97 An Act respecting the property of the Presbyterian Church in Canada  Quebec
1900 c. 135 An Act incorporating the Board of Trustees of the Presbyterian Church in Canada  Ontario
1900 c. 34 An Ordinance to incorporate the Board of Trustees of the Presbyterian Church in Canada.  North-West Territories [applies to Alberta and Saskatchewan]
1901 c. 26 An Act to amend the several Acts relating to Congregations of Presbyterians within this Province in connection with the Presbyterian Church in Canada.  Prince Edward Island
1901 c. 82 An Act Incorporating The Board of Trustees of the Presbyterian Church in Canada.  British Columbia
1902 c. 28 An Act Incorporating the Board of Trustees of "The Century Church and Manse Building Fund" for the Presbyterian Church in Canada, Eastern Section.  Prince Edward Island
1902 c. 9 An Act Incorporating the Board of Trustees of "The Century Church and Manse Building Fund" for the Presbyterian Church in Canada, Eastern Section.  Newfoundland
1907 c. 22 An Act to Amend Chapter 38 of the consolidated Ordinances of the North-West Territories, 1898, intitled "An Ordinance respecting the Holding of Lands in Trust for Religious Societies and Congregations."  Alberta
1907 c. 79 An Act to incorporate The Board of Trustees of the Presbyterian Church in Canada, Eastern Section  New Brunswick
1908 c. 212 An Act to incorporate The Board of Trustees of the Presbyterian Church in Canada, Eastern Section.  Nova Scotia
1909 c. 42 An Act respecting the Holding of Lands in Trust for Religious Societies and Congregations.  Saskatchewan
1910 c. 86 An Act to incorporate the Congregational Union of Canada  Canada
1910 c. 29 An Act to incorporate The Board of Trustees of the Presbyterian Church in Canada, Eastern Section  Prince Edward Island
1912 c. 116 An Act respecting the Methodist Church  Canada
1920 c. 68 An Act respecting the Holding of Lands in Trust for Religious Societies and Congregations.  Saskatchewan
1921 c. 29 Church of Scotland Act  Other
1922 c. 88 An Act to amend The Ordinance incorporating the Board of Trustees of the Presbyterian Church in Canada.  Alberta
1922 c. 164 An Act respecting the Holding of Lands in Trust for Religious Societies and Congregations.  Alberta
1924 c. 64 The United Church of Canada Act  Saskatchewan
1924 c. 41 An Act respecting the Union of certain Churches.  Alberta
1924 c. 59 The United Church of Canada Act  New Brunswick
1924 c. 122 An Act Respecting the Union of Certain Churches Therein Named.  Nova Scotia
1924 c. 100 The United Church of Canada Act  Canada
1924 c. 50 An Act Respecting the Union of Certain Churches therein named.  British Columbia
1925 c. 19 An Act Respecting the Union of Certain Churches Therein Named  Prince Edward Island
1925 c. 125 An Act respecting the Union of certain Churches therein named.  Ontario
1925 c. 167 An Act to Amend Chapter 122, Acts of 1924, entitled, "An Act Respecting the Union of Certain Churches therein named."  Nova Scotia
1925 c. 57 An Act to amend the "United Church of Canada Act."  British Columbia
1926 c. 97 An Act respecting The United Church of Canada  Quebec
1926 c. 13 An Act to amend the "United Church of Canada Act."  Prince Edward Island
1926 c. 114 An Act to amend The United Church of Canada Act.  Ontario
1926 c. 3 An Act Respecting The United Church of Canada.  Newfoundland
1927 c. 74 An Act to amend the "United Church of Canada Act."  British Columbia
1928 c. 50 An Act to amend the "United Church of Canada Act."  British Columbia
1930 c. 112 An Act to incorporate the Canada Conference Evangelical Church.  Ontario
1939 c. 64 An Act to incorporate The Trustee Board of The Presbyterian Church in Canada  Canada
1939 c. 65 An Act respecting The United Church of Canada  Canada
1950 c. 93 An Act respecting Canada Conference Evangelical Church.  Ontario
1988 c. Pr22 An Act respecting The United Church of Canada and The Canada Conference The Evangelical United Brethren Church  Ontario
1990 c. 197 The Trustee Board of The Presbyterian Church in Canada Act  Manitoba
1990 c. 200 The United Church of Canada Act  Manitoba

Archives of the United Church of Canada
Church Union Collection, Series II
Committee on Law and Legislation
Committee on Procedure and Government
Manual Committee
Minutes of Conferences, 1925 to 1930
Minutes of London Conference, 1988-1994
United Church General Council Series II

Court decisions
Main vs. The United Church of Canada
Aird v. Johnson [1929] 4 D.L.R 664
Ferguson v. MacLean  RS48 - 1926 #101, Chancery Division
Ferguson v. MacLean  New Brunswick Supreme Court, Appellate Division 1929 2 M.P.R. 257
Ferguson v. MacLean  1930 S.C.R. 630
Respondent Factum, Ferguson v. MacLean  1930 S.C.R. 630
The United Church of Canada v. Anderson  1991 2 O.R. (3rd) 304