Reforming the Regulation of Political Advocacy by Charities: From Charity Under Siege to Charity Under Rescue?

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1 Chicago-Kent Law Review Volume 91 Issue 3 Nonprofit Oversight Under Siege Article Reforming the Regulation of Political Advocacy by Charities: From Charity Under Siege to Charity Under Rescue? Adam Parachin Western University Follow this and additional works at: Recommended Citation Adam Parachin, Reforming the Regulation of Political Advocacy by Charities: From Charity Under Siege to Charity Under Rescue?, 91 Chi.- Kent L. Rev (2016). Available at: This Article is brought to you for free and open access by Scholarly IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly IIT Chicago-Kent College of Law. For more information, please contact dginsberg@kentlaw.iit.edu.

3 CHICAGO-KENT LAW REVIEW

4 REGULATING POLITICAL ADVOCACY

5 CHICAGO-KENT LAW REVIEW Constitution Act, 1867 See See

6 REGULATINGPOLITICALADVOCACY andotherradicalgroups Id. See Id.

7 CHICAGO-KENT LAW REVIEW supra See Canada Revenue Agency s Political-Activity Audits of Charity See, e.g. Canadian Charities Feel Chill as Tax Audits Widen into Political Activities see also See Vancouver Environmental Group Accused of Laundering by Oilsands Lobbyists Canada Revenue Agency s Political-activity Audits of Charities, Andrew Coyne: Problem with Charities Isn t Their Politics, it s Their Generous Tax Credit

8 REGULATING POLITICAL ADVOCACY. SeeCanada Revenue Agency Accused of Political Targeting of Charities SeeDon t Select Charities to Audit Based on Their Political Leanings See A Conversation with Cathy Hawara Director General of the Charities Directorate

9 CHICAGO-KENT LAW REVIEW Charities and Political Activities (Budget 2012) Id. Charities Program Update 2015 Charities Update

10 REGULATING POLITICAL ADVOCACY Charities Update supra Id.

11 CHICAGO-KENT LAW REVIEW other serious Id. Id. Id.

12 REGULATING POLITICAL ADVOCACY McGovern v. Attorney General Id.

13 CHICAGO-KENT LAW REVIEW abolition McGovern McGovern McGovern See, e.g. See, e.g. Navigating the Politics of Charity: Reflections on

14 REGULATING POLITICAL ADVOCACY A. Charity As a Tax Expenditure Concept Human Life International v. Minister of National Revenue Human Life charitable Justifying the Ban on Politics in Charityin Charity Law as a Political Option for the Poorin Charitable Status and Political PurposeCharity and Politics Supra

15 CHICAGO-KENT LAW REVIEW,

16 REGULATING POLITICAL ADVOCACY sole at common law at common law B. Charity As an Economic Concept See, e.g. Toward a Theory of the Voluntary Non-Profit Sector in a Three-Sector Economy in

17 CHICAGO-KENT LAW REVIEW See, e.g. Economic Theories of Nonprofit Organization in

18 REGULATING POLITICAL ADVOCACY

19 CHICAGO-KENT LAW REVIEW C. Charity and the Ideal of Neutrality Charity, Politics and Neutrality See

20 REGULATING POLITICAL ADVOCACY See Id. See

21 CHICAGO-KENT LAW REVIEW The Human Dignity v. The Charity Commission interpreting and/or enforcing upholding the law of the state Id. Id.

22 REGULATING POLITICAL ADVOCACY

23 CHICAGO-KENT LAW REVIEW See, e.g. Id. Id.

24 REGULATING POLITICAL ADVOCACY Southwood v. A.G Southwood. See

25 CHICAGO-KENT LAW REVIEW A. Charities As Thought Leaders

26 REGULATING POLITICAL ADVOCACY B. The Pervasiveness of Messaging in Charitable Programming Jackson v. Phillip

27 CHICAGO-KENT LAW REVIEW itself See supra

28 REGULATING POLITICAL ADVOCACY somebody exclusively Incorporated Council of Law Reporting for England and Wales v. A-G Id.

29 CHICAGO-KENT LAW REVIEW Before first

30 REGULATING POLITICAL ADVOCACY C. The Distinctiveness of Charity and Government other than via government Of Sovereignty and Subsidy Conceptualizing the Charity Tax Exemption Distinguishing Government from Charity in Australian Law

31 CHICAGO-KENT LAW REVIEW Just like governments cannot do government through charities, charities cannot do charity through governments. Since government and charity are separate and distinct, government cannot be the means for charitable ends any more than charity can be the means for governmental ends Id

32 REGULATING POLITICAL ADVOCACY

33 CHICAGO-KENT LAW REVIEW

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