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Globe and Mail “Pierre Elliott Trudeau Foundation returning donation with link to China”

Just read this article from the Globe and Mail entitled “Pierre Elliott Trudeau Foundation returning donation with link to China“.

The first paragraph states:

A non-profit foundation dedicated to the memory of Pierre Elliott Trudeau is returning a large financial gift from a Chinese billionaire after The Globe and Mail reported that the largesse was part of a Beijing-directed influence operation to curry favour with Prime Minister Justin Trudeau.

Actually, this is not a “non-profit foundation”. It is a registered charity that holds about $170 million in assets.

Paragraph 3 says:

“We cannot keep any donation that may have been sponsored by a foreign government and would not knowingly do so,” Ms. Fournier said. “In light of these recent allegations, the foundation has refunded to the donor all amounts received with respect to the donation pledge.”

This makes no sense. If the funds were from Syria or Iran, which are listed by the Canadian government as state supporters of terrorism, then I get it.  Canadian charities receive billions of dollars from abroad and including from individuals, corporations and foreign governments. If this was “gift” (and not some conditional gift) then it is typically completely inappropriate for the registered charity to return the funds. If the Chinese billionaire was part of some inappropriate operation, why are we rewarding him by giving him the money back? Can’t they find a charity that does good work to gift the funds to? That is assuming that the funds are so tainted that they need to be disgorged.

There are many problems with the Pierre Elliott Trudeau Foundation. The notion that a large sum of Canadian government money (about $125 million in 2001) should be put into a foundation in the name of a former prime minister is questionable, but most importantly, when one of his sons decided to enter politics, the name should have been changed. It is not too late to change the name. If the foundation decides to keep the name then that will result in more confusion from the public about the foundation’s intentions and also undermine the charity sector and public trust in charities. If we have a new Conservative government one day, will we see a $200 million “Stephen Harper Democracy Foundation”? I sure hope not.

In another paragraph, it notes:

The source said the diplomat instructed Mr. Zhang to donate $1-million to the Trudeau Foundation, and told him the Chinese government would reimburse him for the entire amount.

Can we just agree that if you are going to reimbursed for funds given to a charity then it is not a gift or donation!

Another paragraph notes:

The Prime Minister’s Office said Monday that Justin Trudeau “withdrew his involvement in the affairs of the foundation for the duration of his involvement in federal politics.”

His brother Alexandre is on the foundation board. I will not be surprised if Justin Trudeau joins the organization again if he ever loses an election or resigns.  He is listed as a “Succession Member” with an asterisk next to his name that says, “Note: Inactive member. The Rt Hon. Justin Trudeau has withdrawn from the affairs of the Foundation for the duration of his involvement in Federal politics”. Charities seem to be good places for politicians to hang out after being defeated, retired and plotting their next move

The close association of this registered charity with political figures such as Pierre Elliot Trudeau or Justin Trudeau don’t help the reputation of the charitable sector.

In this note, I am not commenting on the work of the Pierre Elliott Trudeau Foundation, just the unfortunate juxtaposition of a charitable foundation with partisan politics. If the work of the foundation is important, then even more important to distance itself from partisan politics.

The website is at WWW.TRUDEAUFOUNDATION.CA. The website says that it is “an independent and non-partisan charity established in 2001 as a living memorial to the former prime minister.” Interesting that it needs to state that it is non-partisan, and when you have a son who is prime minister, it is going to be hard to disentangle this organization from partisanship while it retains its name.

One other matter. The Pierre Elliott Trudeau Foundation mentions a number of times on its websites that it is a corporation under the Canada Not-for-profit Corporations Act (“CNCA”).  So, it appears that the Pierre Elliott Trudeau Foundation is aware that it is under the CNCA.

Here is its corporate profile report and I will comment on it below:

Federal Corporation Information

Federal Corporation Information – 386524-0

Beware of scams and other suspicious activities. See Corporations Canada’s alerts.

Note

This information is available to the public in accordance with legislation (see Public disclosure of corporate information).

Corporation Number  386524-0
Business Number (BN)  895438919RC0001
Corporate Name
LA FONDATION PIERRE ELLIOTT TRUDEAU
THE PIERRE ELLIOTT TRUDEAU FOUNDATION
Status  Active
Governing Legislation   Canada Not-for-profit Corporations Act – 2014-05-30
Note: Order a Corporate Profile [View PDF Sample] [View HTML Sample].

Registered Office Address

1980 RUE SHERBROOKE OUEST
BUREAU 600
MONTREAL QC H3H 1E8
Canada

Note

Active NFP Act corporations are required to update this information. Changes are only legally effective when filed with Corporations Canada. A corporation key is required. If you are not authorized to update this information, you can either contact the corporation or contact Corporations Canada. We will inform the corporation of its reporting obligations.

Directors

Minimum 3
Maximum 18
  • Françoise Bertrand
    159 Dresden
    Ville Mont-Royal QC H3P 3K1
    Canada
  • Sarah Coyne
    1945 Broadway Apt. 304
    San Francisco CA 94109
    United States
  • Bruce McNiven
    1518 avenue Cedar
    Montréal QC H3G 1A3
    Canada
  • Sanni Yaya
    6 Impasse des Abysses
    Gatineau QC J9J 3T7
    Canada
  • Patrick de Roy
    57 ave Windsor
    Westmount QC H3Y 2L9
    Canada
  • Jaffer Jameel
    4B – 174 Av. Clermont
    Brooklyn NY 11205
    United States
  • Martha Durdin
    67 Lynwood Avenue
    Toronto ON M4V 1K5
    Canada
  • Peter Sahlas
    1800-500 Place d’armes
    Montréal QC H2Y 2W2
    Canada
  • Bessma Momani
    50 Paddock Court
    Kitchener ON N2C 2R4
    Canada
  • Ginger Gibson
    10827 131 Street
    Edmonton AB T5M 1B3
    Canada
  • Madeleine Redfern
    901 Nunavut Drive
    Iqaluit NU X0A 0H0
    Canada
  • Myra Freeman
    1074 Wellington Street
    Suite 403
    Halifax NS B3H 2Z9
    Canada
  • Dyane Adam
    102, chemin du Maître-Chantre
    St-François, Ile d’Orléans QC G0A 3S0
    Canada
  • Duncan Reid
    700 West Georgia Street
    25th Floor
    Vancouver BC V7Y 1B3
    Canada
  • EDWARD JOHNSON
    621 MURRAY HILL
    WESTMOUNT QC H3Y 2W7
    Canada

Note

Active NFP Act corporations are required to update director information (names, addresses, etc.) within 15 days of any change. A corporation key is required. If you are not authorized to update this information, you can either contact the corporation or contact Corporations Canada. We will inform the corporation of its reporting obligations.

Annual Filings

Anniversary Date (MM-DD)  05-30
Date of Last Annual Meeting 2022-04-13
Annual Filing Period (MM-DD)  05-30 to 07-29
Type of Corporation  Non-Soliciting
Status of Annual Filings
  • 2023 – Not due
  • 2022 – Filed
  • 2021 – Filed

Corporate History

Certificates and Filings

Certificate of Continuance  2014-05-30 Previous jurisdiction: Canada Corporations Act – Part II (CCA-II)
By-laws Received on 2020-03-30
By-laws Received on 2021-04-13
By-laws Received on 2021-04-13

The Pierre Elliott Trudeau Foundation says that it is “Non-soliciting”. To be non-soliciting, the organization would have had to have received less than $10,000 in any of the last three years. If you look at the www.CharityData.ca report at Pierre Elliott Trudeau Foundation, it appears unlikely for that to be the case. They listed donations of $82,000 in 2021 and $72,000 in 2020. Most importantly, if the Pierre Elliott Trudeau Foundation is not a “non-soliciting” corporation but in fact a soliciting corporation, then it should file financial statements. They have never filed financial statements with Corporations Canada as required under the CNCA. They probably should have been filing financial statements since about 2015, which means that they have not filed financial statements for about seven years as required under the CNCA. That is my initial assessment and happy to change it if there is additional information.

The Foundation appears to have provided its financial statements at the end of its annual report. It does not appear to be the actual financial statement prepared and signed by PWC but some sort of reformatted financial statement, so it is hard to know if there were any changes from the actual PWC document. It is not clear why the PWC financial statement is not attached as a PDF to the document but instead what appears to be the text of the PWC document.