Thursday, February 15, 2007

The courts and government have no right to tell the Catholic Church -- which in its administration is accountable only to canon law -- how to behave, the Archdiocese of Ottawa argued yesterday in court.

Lawyer Marc Labrosse told three Ontario Superior Court justices that intervention in archdiocese affairs would impose "dangerous" administrative obligations on the church, and could mean "opening the floodgates" for similar cases.

Mr. Labrosse made the comments in response to a move by parishioners of St. Brigid's Catholic Church to have the court force the archdiocese to reconsider its decision to close the Lowertown church.

The Archbishop of Ottawa, Marcel Gervais, followed church doctrine in making his decision to close St. Brigid's, Mr. Labrosse said. Canon law does not give parishioners the right to worship at a specific parish, he added.

But the parishioners' lawyer, Patrick Murray, said it's high time the justice system intervenes in church affairs. He argued the court should force the archdiocese to revisit its decision to close St. Brigid's because it failed to comply with the legal principle of "procedural fairness."

As far as Mr. Murray knows, the court has never interfered with the church, leaving it to function under its own jurisdiction. But, he said, times are changing, and maybe the church should, too.

"Back in the days when canon law was established, you had a feudal society, you didn't have a democratic society," he told a packed courtroom.

Mr. Murray said a congratulatory letter sent from the archbishop to the parishioners was acknowledgment that the parishioners had pooled together enough money to keep the aging church open. He said the archbishop's announcement to close the church because of high restoration costs and a shrinking congregation came as a complete surprise last April, and that it broke their implied agreement.

Mr. Labrosse insisted there was no such deal between the two parties, and said the letter clearly acknowledged the parishioners continued to face "a very uphill battle" in their fight to save the church. He said the archbishop was merely being "a cheerleader trying to encourage the community" with his words of congratulation.

The parishioners are asking the court not to overturn the decision, but to make the archdiocese revisit the issue with parishioner involvement.

At least 70 parishioners and supporters showed up for the hearing yesterday.

Justice Catherine Aitken and Justice Richard Byers asked Mr. Labrosse whether the parishioners might have "equitable rights" in the church's future, given the time, energy and money they'd spent in trying to save it.

"I think we recognize that there's law, and that it is a matter of law with which we are concerned here in court," said Judge Aitken. "But there's also people's expectations as to how they should be treated, especially regarding a matter very dear to them that is their parish."

Following the hearing, the chairwoman of the parish's council, Marilyn Donoghue, said it's unfortunate the church is "a law unto themselves."

"The Catholic Church stands for truth and light, and we haven't seen any of that at all," she said outside court.

The judges have reserved their decision. Meanwhile, St. Brigid's remains open.