Publications
Here are descriptions and links to some of the articles I have written relating to charities and co-ops.
In February, 2009, I co-authored a paper with Stacey Corriveau of the BC Centre for Social Enterprise entitled “Legislative Innovations and Social Enterprise: Structural Lessons for Canada.” It was a project funded by Coast Capital Savings Credit Union. Send me an email if you would like a copy.
“Serving as a Director of a Value-Added Agricultural Co-op - the Legal Basics,” written for the Canadian Co-operative Association, 2008. This paper will be of help as an introduction or refresher for Directors of all sorts of co-ops. I can send you an electronic copy if you send me an email.
“Legal Limberness 101: Maintaining a Healthy Not-for-Profit Organization,” published by Vancity. 2007. If you would like a hard copy of this document, send me an email.
The information presented in this 84-page handbook is largely an overview of many concepts within the world of regulation and legal matters for not-for-profits and charities in Canada. It provides a sound starting point from which to identify key considerations which are applicable to any organization. A discussion of some of the key governance issues and board duties is provided as well as information about the differences in some of the more common forms of organization including co-operatives, social enterprises, not-for-profits and charities.
“An Introduction to Legal Issues for Community Foundations,” published by the Community Foundations of Canada. 2006.
The Legal Issues manual provides an accessible and practical overview of charity law for Canadian foundations. The 37-page manual contains the following sections: An Overview of Charity Law: Background and Highlights; Receiving Funds: Endowment Building and Donor Services; Holding Funds: Investment Management; Distributing Funds: Grantmaking; and Records and Reporting: Accountable, Transparent Governance.
“Innovation and Problem solving: a Bolder, More Active Role for Community Foundations” published by Community Foundations of Canada. 2004.
This is an overview of Canada’s legislative and regulatory environment as it relates to social justices philanthropy. This paper provides guidance and a checklist of questions
for community foundations interested in more fully realizing their potential to advance “social justice” by tackling the causes of recurring problems such as poverty, environmental degradation and violations of human rights. It is intended to help community foundations understand and comply with the legal and administrative requirements that govern this field. As part of Community Foundations of Canada’s Social Justice Initiative, it is intended to increase the capacity and commitment of community foundations to undertake their philanthropic work from a bolder, broader social justice perspective.
“Co-operatives and Charity Law,” published by the Canadian Co-operative Association, BC Region. 2003.
Co-operatives and charities are key contributors to the well-being of Canadians and to the well-being of our communities. Canada’s 10,000 co-ops produce a wide range of goods and services, have 15 million members, employ over 150,000 people, and have assets of approximately $170 billion. Canada’s nearly 80,000 charities perform vital works for the public benefit and in 1993 employed approximately 1.3 million people (9 percent of the workforce), paid more than $40 billion annually in salaries and benefits, and accounted for approximately 10 percent of Canada’s Gross Domestic Product.
This 28-page paper examines both types of organization more closely and focuses on the areas of overlap between them. It addresses the questions can a co-op also be a charity, and if so, under what circumstances? It is intended to serve as an accessible reference and general guide to those interested in creating co-operative charities or charitable co-ops.
“Co-operative Enterprises in Emilia-Romagna, Italy: An Example for British Columbia?” published by The Advocate, Vol. 61, Part 2. 2003.
“The Law of Advocacy by Charitable Organizations: The Case for Change,” published by IMPACS – Institute for Media, Policy and Civil Society, and available at Library and Archives Canada. 2000.
It is clear from judgments of the Federal Court of Appeal and the Supreme Court of Canada, and the works of academic and other commentators, that the law governing advocacy by charitable organizations in Canada needs reform. It is also clear that such reform is a high priority for many leaders within the charitable community.
The basic problem is a lack of clarity in the law which causes difficulties for all involved – the Courts, Revenue Canada,2 charitable organizations, those who depend upon the services delivered by charitable organizations, and arguably the entire community.
This 40-page paper describes the law in this field, examines its shortcomings, considers practices in other countries, and argues for changes to the existing law.