On June 17, 2010 the Final Air India Report was released. The Report's Volume 5 on Terrorist Financing will be of particular interest to charities. 413 released December 18, 2006, the Court considered whether fees charged by a religious camp were subject to the G. Donations of publicly listed securities to charitable organizations and public foundations will now be exempt from tax on capital gains, effective immediately (discussed in Charity Law Bulletin No. This exemption from capital gains has also been extended to donations of ecologically sensitive land pursuant to the Ecological Gifts Program (discussed in Charity Law Bulletin No. While these measures do not apply at present to private foundations, the government indicated in the Budget that it will consult with the sector to develop some self-dealing rules to safeguard against potential conflicts of interest.
The Supreme Court denied the Alliance leave to appeal the Court of Appeal's decision on the basis that the Alliance "had no specific interest in the outcome of the litigation," noting however that it was not expressing its views on "whether the Court of Appeal's judgment [was] well founded." Since neither the immediate parties nor the Attorney General for Ontario contested the Court of Appeal's decision, the Ontario Court of Appeal's decision allowing for three parent families currently stands as the law of Ontario In a recent decision of the Federal Court of Appeal, Camp Mini-Yo-We Inc.v. The Court of Appeal overturned the Saskatchewan Queen's Bench and Human Rights Tribunal decision, legally interpreting the notions of "hatred", "ridicule" "belittlement" and "affronts to dignity" found in s.1491)(b) to be aimed at expressions involving feelings of an "ardent and extreme nature" and, in particular, "unusually strong and deep-felt emotions of detestation, calumny and vilification." The advertisement in question was not found to promote the kind of extreme emotion required for a finding that it violated the Human Rights Code The Department of Finance has indicated that they "are prepared to recommend to the Minister of Finance that proposed subsection 248(40) be withdrawn." This provision would have required charities to make reasonable inquiries with respect to all gifts in excess of $5,000.
Thelson Desamour was called to the Ontario Bar in 2006 and joins Carters, after having articled with the firm, to practice in civil litigation and mediation, family law and personal injury law The Budget introduced on May 2, 2006, includes measures which will significantly impact the charitable sector.
As a result, registered charities that operate camps for children and youth that include supervision or instruction in any recreational or athletic activity should consider charging G. Claridge was called to the Ontario Bar in 2006 and joins Carters, after articling with the firm, to practice in the areas of corporate and commercial law, in addition to being the firm's research lawyer.
The Court determined that the religious, athletic and recreational services were too closely intertwined for separate fees to be charged and the incidental supply rules to apply. unless they fall within further exceptions to the exception above related to day camps or camps for "individuals who are underprivileged or who have a disability."Nancy E.
1985, E-15, exempts most services offered by charities from the application of the G. In addition, it could be argued that the fee was paid for two services, the religious component and the recreational component, and that providing the recreational component was "incidental" to the overall religious purpose of the services and, therefore, exempt on this basis.
This appeal deals with an exception to that rule: namely, the supply by a charity of any "service involving supervision or instruction in any recreational or athletic activity." The appellant submitted that because of the evangelical Christian character of the camp and its programs the exception does not apply.
In his letter to the Canadian Association of Gift Planners on November 22, 2005, Len Farber of the Department pointed out that they "recognize the difficulties that have been brought to light by this proposal" placing an administrative burden on charities.
While this news should come as a relief to all charities,charities will still have to exercise due diligence when issuing charitable donation receipts to ensure that the information on the receipts is accurate The Supreme Court of Canada released its decision in Blackwater v.
Plint on October 21, 2005, denying the United Church charitable immunity from liability arising from sexual abuse in a residential school, and held that a "class-based exemption finds support neither in principle nor in the jurisprudence." A Church Law Bulletin discussing the decision will be forthcoming The Uniform Law Conference of Canada passed a resolution at their conference in St.
John's during the last week of August, 2005, adopting a draft Uniform Charitable Fundraising Act, together with a recommendation that it be enacted by the provincial and territorial governments.
A Charity Law Bulletin outlining the specifics of the draft Act will be forthcoming We are expanding our charity and not-for-profit law practice through the opening of an Ottawa Office as of July 1, 2005.