There has been opposition from many members of the congregation as well as from heritage groups. Opponents of the development are trying to reach the descendants of those buried there so that they will have the opportunity to make their views known to the Registrar of Cemeteries, who makes the decision about closure.

The burial ground was established in 1797 when Peter Russell, administrator for Upper Canada, set six acres of land aside for the purpose of building a church and providing a burial ground. An 1820 Crown Deed states that the land is "for the sole use and benefit of the parishioners and inhabitants of the said Town of York, forever as a churchyard and burying ground."

The Provincial Cemeteries Act states, "the Registrar may order a cemetery closed if it is in the public interest." Apparently the Dean of St. James Cathedral feels that selling the cemetery land for building condominiums qualifies as "public interest."

There is a full explanation of the situation and a list of names of those buried in the cemetery on the Toronto Branch of the Ontario Genealogical Society’s Web site at: http://www.rootsweb.com/~onttbogs/torbranch.html

Quoting from that Web site, "It is important that comments of interested parties reach the Registrar of Cemeteries within 45 days of publication of the Notice to Close. (i.e., [before] 30 March 2001). The decision of the Registrar will be based on whether it is in the public interest to close a cemetery."

Concerned descendants and citizens should address letters to:

Ms Cora dela Cruz
Registrat of Cemeteries
Cemeteries Regulation Section
Ministry of Consumer and Commercial Relations
250 Yonge Street, 32nd Floor
Toronto, ON M5B 2N5

Descendants of those buried in the cemetery also should contact:

The Ontario Genealogical Society
Suite 102, 40 Orchard View Boulevard
Toronto, ON M4R 1B9
Tel: (416) 489-0734
Fax: (416) 489-9803

My thanks to Linda Reid for the information about this threat.