I was just looking at an internal Charities Directorate letter that is part of an ATIP disclosure. It deals with suggestions for the Charities Directorate to do research, and one of the topics is disinformation. Also a suggestion on dealing with criminal activities. This may give us some ideas as to what new guidance CRA may release in the future.
Hi Suzanne:
I believe you have extended the deadline for suggestions, but wanted to send you my thoughts so far:How do other common law regulators of charity explain their approach to regulatory and risk framework, and what can we learn from them? [This is how I view Sharmila’s question about balancing resources devoted to upfront review (ADM) with downstream review (Compliance), we achieve the balance by focusing on risk].
In the era of fake news, do other common law of charity regulators (in the US, Australia, England and Wales, New Zealand), provide any guidance to charities about the regulatory consequences of circulating mis-information, and if so, what can we learn from this?
Driver: Ministerial mandate letters touch on mis-information regarding anti-abortion organizations. Given the concerns expressed by the TIWG about focusing on one type of group, perhaps we should look more generally at this issue (there are high profile media reports of other organizations spreading mis-information such as those denying the issues at residential schools, or spreading incorrect information about vaccine impacts).
Identify if, and how, common law regulators of charity in other countries provide guidance to charities on how breaking the criminal law will impact charitable registration.
Driver: Criminalization of Conversion Therapy; media reports of overseas charities extorting beneficiaries for personal benefits; allegations of charities failing in their duty of care towards seniors during the pandemic).
The recent criminalization of Conversion Therapy is likely to impact the charities program as some registered charities may engage in this practice. As Conversion Therapy is broadly defined, it would help our understanding of what this practice is if we looked at how the courts have defined it in other common law jurisdictions that have grappled with the concept for longer. [PDS policy priority; media issue; Ministerial mandate letter priority given passage of Bill C-4].
Do common law regulators of charity in other countries provide any guidance to charities about building reserve funds for emergencies, and if so, what can we learn from them? [Sector surveys warn this issue became predominant in the pandemic, TIWG has noted that charities are worried about how the regulator will respond to them acquiring such funds).
Do other common law of charity regulators provide any guidance for charities about housing and charitable registration, and if so, are there any lessons for us to learn from them? [Speaks to Sharmila’s question about whether there is any additional research we can do on this topic].
Do other common law of charity regulators provide any guidance for charities about upholding the law as a charitable purpose, and if so, can this inform our approach? [This is a topical issue for PDS].