Minister of Revenue to Free Charities from Political Harassment

tay

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May 20, 2012
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Environmental and left-leaning charities can breath a sigh of relief now that Prime Minister Justin Trudeau has instructed Minister of National Revenue Diane Lebouthillier to modernize Canada’s archaic charity law and clarify rules around allowable “political activity.”

The ministry should “allow charities to do their work on behalf of Canadians free from political harassment,” Trudeau wrote in a ministerial mandate letter Friday, “with an understanding that charities make an important contribution to public debate and public policy.”

The new mandate signals a remarkable change in tone from the at times aggressive stance of the former government.

In 2012 the Harper government allocated $13.4 million to the Canada Revenue Agency for the audit of charities to determine if groups were in violation of rules that limit their spending on “political activity” to 10 per cent of resources. The program also instituted new reporting for charities receiving foreign funding.

The audit program was launched in the wake of former Natural Resource Minister Joe Oliver’s infamous open-letter in which he accused environmental organizations participating in the Northern Gateway pipeline hearings of being foreign-funded “radical groups” intent on “hijacking our regulatory system.”

Many environmental charities felt they were targeted by the investigation and said the sometimes multiple successive audits left them strapped for resources, intimidated and unable to carry out their mandates.

Environmental charities under audit included Equiterre, the David Suzuki Foundation, ForestEthics, Tides Canada, West Coast Environmental Law, the Pembina Foundation, the Sierra Club, the Ecology Action Centre and Environmental Defence.

Critics also pointed out that right-leaning charities that clearly engaged in political activity, such as the Fraser Institute and the C.D. Howe Institute, were spared from the audits even though their activity appeared to violate CRA rules.

A report prepared for DeSmog Canada and released by the University of Victoria Environmental Law Centre in March 2015 found Canada’s charitable laws lack clarity and create an “intolerable state of uncertainty” for active charities. The report called for sweeping reform of Canada’s charitable law to clarify what constitutes “political activity” and to allow for more generous limits on allowable “political activity.”

Calvin Sandborn, director of the law centre, said he is “thrilled by this reversal of policy.”

Trudeau Instructs Minister of National Revenue to Free Charities from Political Harassment | DeSmog Canada
 

Walter

Hall of Fame Member
Jan 28, 2007
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Great. Now every ecotard will set up a "charity" and send the money directly to any political primitive who wants us to return to the 7th century.
 

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Check another box.

Four more years of tears for the curmudgeons.

We can only hope this will go for four more after that.
 

IdRatherBeSkiing

Satelitte Radio Addict
May 28, 2007
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I thought the rules against charities using tax free donations to interfere with politics were fair. I suspect that a charity supporting a conservative or NDP politician would still be harassed.
 

tay

Hall of Fame Member
May 20, 2012
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Time to Investigate Tax Audits on Left-Leaning Charities

Only a public inquiry can clean the wound left by the CRA under Harper.

It's not enough that charitable non-profits can hopefully no longer expect the executive branch to use the public service as a tool of political intimidation. This must never happen again.

The only way to fully clean this wound is through a Commission of Inquiry empowered to compel testimony under oath and order the production of documents. Senior CRA bureaucrats must be called to answer for themselves. Former PMO staffers should be ordered to appear, perhaps before they disappear to Kuwait.

To understand how egregious this potential abuse of process is (and how meek our response has been) we need to look south of the border. When the Obama administration was accused in 2011 of directing the Internal Revenue Service (IRS) to target charities associated with the Tea Party, the attorney general directed the FBI to conduct a special criminal investigation.

There were also two congressional committees looking into the allegations, an audit by the treasury inspector general and a public statement of outrage from the president. Three senior IRS officials were forced to resign.

While the FBI found no evidence of criminal wrongdoing, the American public remained enflamed. Opinion polls showed that three quarters of American voters and almost two thirds of Democrats wanted a special prosecutor appointed to further dig into the possibility that the IRS was being used for political purposes.

So where is our outrage? Arguably the evidence of executive branch interference in our revenue agency is much clearer on this side of the border. The Conservative government somehow found an extra $8 million in their 2012 belt-tightening budget specifically earmarked for CRA to investigate "concerns... raised that some charities may not be respecting the rules regarding political activities" and "the extent to which they may be funded by foreign sources."

Prime Minister Harper himself alleged that U.S. interests were funding Canadian environmental groups to block the Enbridge Northern Gateway pipeline. Former environment minister Peter Kent claimed that American foundations were engaged in "money laundering" to fund Canadian environmental groups.

The CRA has conducted extraordinary audits on scores of progressive charities since 2012, many dragging on for years.

CRA spokespeople would occasionally maintain with a straight face that there was no direction from the PMO but did anyone believe them? Of course not, and that's the whole point. The unspoken message to civil society was chillingly clear: do not rely on due process -- self censor your troublesome messaging or else.

Incidentally, 10 right-leaning charities including the Fraser Institute seem completely unaffected by the CRA's recent enthusiasm for enforcement and oversight, even though all remarkably report zero per cent of their activities are political.

Time to Investigate Tax Audits on Left-Leaning Charities | The Tyee
 

waldo

House Member
Oct 19, 2009
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Another OP of pure crap.

Walter, don't you like the transparency within all those 'Ministerial Marching Orders'? In this particular regard Finance Minister Morneau is being asked to:

Work with the Minister of National Revenue to allow charities to do their work on behalf of Canadians free from political harassment, and modernize the rules governing the charitable and non-for-profit sectors. This will include clarifying the rules governing “political activity,” with an understanding that charities make an important contribution to public debate and public policy. A new legislative framework to strengthen the sector will emerge from this process.
but hey now Walter... just what results came from that Harper $13 Million hiring blitz within CRA to "roust out all those Enemy of the State charities" that were supposedly breaking the CRA rule on the acceptable level of political activity expenditure? Surely Harper's targeting must have flushed something out... surely, hey Walter?
 

Curious Cdn

Hall of Fame Member
Feb 22, 2015
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I remember that the last government went after KAIROS, which is a Christian organization. I don't remember why, though. Somehow, they did not adhere to the Party line and they were expunged.
 

waldo

House Member
Oct 19, 2009
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Walter... again, which of those Harper/Oliver "environmental related" charities were revealed to have been breaking the law?... just what results came from that Harper $13 Million hiring blitz within CRA to "roust out all those Enemy of the State charities" that were supposedly breaking the CRA rule on the acceptable level of political activity expenditure? Surely Harper's targeting must have flushed something out... surely, hey Walter?