Judge approves Mcdougall church rebuild
Stoney Nakoda First Nation had sought appeal of permit allowing reconstruction
The planned restoration of the controversial Mcdougall Memorial United Church near Morley, which was destroyed by fire three years ago, can go ahead, a judge has ruled.
In a written decision posted online, Alberta Court of Appeal Justice Bruce Mcdonald denied an application by the Stoney Nakoda First Nation to appeal a development permit allowing the rebuild.
The First Nation wanted to argue the subdivision and development appeal board (SDAB) erred when it upheld the development application, finding the structure did not fall within the meaning of “places of religious assembly.”
Instead, the SDAB determined the proposed development fit under the definition of “community buildings and facilities.”
In March, the SDAB upheld the permit allowing the Mcdougall Stoney Mission Society to rebuild the structure.
Mcdonald, in refusing to allow the First Nation to take its case to a full, three-member Alberta Court of Appeal panel, said the board did not err in its assessment of what the structure would be.
The property is zoned agricultural conservation district. Under the land use bylaw, community buildings and facilities are a discretionary use, while places of religious assembly are not.
“The applicants’ main argument in support of their appeal was that the proposed development came within the definition of ‘places of religious assembly’ under the applicable land use bylaw and as such it was neither a permitted nor designated use for the land in question,” the appeal judge said.
“The SDAB considered the submissions before it and concluded that the proposed project really came more properly within the definition of ‘community buildings and facilities,’” Mcdonald said.
“It is clear from the evidence before the SDAB that the society is a historic society, not a religious one nor a religious organization; this notwithstanding that the society always had conducted two church services every year. However, there are many other activities that were carried on and intended to be carried on at the site in the future.”
In its decision, the board explained why the planned facility didn’t constitute a place of religious assembly.
“If any gathering of a religious nature would make a use a religious assembly rather than a community building and facility, then simply renting out a community building for a wedding performed by, for example, a minister, would be enough to change the use definition,” it said.
A letter was sent to the society in March 2019 expressing the First Nation’s concerns.
“The Stoney Nakoda people feel that it is premature for the Mcdougall Society and Alberta Culture to speak of reconstruction of the Church given the lack of any consultation with the Stoney Nakoda
Elders,” read the letter addressed to John Mcdougall of the Mcdougall society.
“As the Mcdougall society is well aware, the symbolism that the mission site represents is a sensitive and controversial issue.”
In 1926, a residential school was erected in Morley and managed by the United Church.