CLF Presents at the OBA's Institute: An Update in Charity Law

Ultimately, [these] trends suggest that we need to wrestle with the important question of whether state “benefits” and/or “support” exclusive to, or at the very least preferred for, organizations with majority-held beliefs is a good thing for charity law - and for a free and democratic society in general.
— Sarah Mix-Ross

Last week, CLF's Sarah Mix-Ross presented an Update in Charity Law at the OBA's Institute (February 6, 2018). The event was co-chaired by CLF's Derek Ross. Read Sarah's entire paper here

This paper provides a summary of recent legal developments pertaining to charities and not-for-profit organizations. In particular, this paper focuses on issues raised in two cases recently heard by the Supreme Court of Canada (Wall and Trinity Western University), as well as pending amendments to the by-laws of the Law Society of Ontario which would allow charities/not-for-profit organizations to provide legal services. The paper suggests that recent conversations surrounding whether government “benefits” and “support” should be withheld from charities holding minority viewpoints may indicate a shift in the landscape of benefits provided by the state (for example, the Canada Summer Jobs program). The paper explains why, moving forward, charities should continue to be afforded a measure of autonomy in their internal affairs, provided that they otherwise meet their legal obligations