Highlights

• 2004 Annual Church & Charity Law Seminar. November 10, 2004. Register Now.
• Supreme Court of Canada Adopts Broad View of Religious Freedom
• Federal Court of Appeal Weighs in on Definition of Advancing Religion
• Ontario Court of Appeal Affirms Unenforceability of Pledges
• Legal Liability in Fundraising: A New Approach in Risk Management
• Directorate Announces Reforms to the Charitable Regulatory Environment
  

Printer friendly version at www.carters.ca/pub/update/charity/sept04.pdf.

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New Publications

"Supreme Court of Canada Adopts Broad View of Religious Freedom" by Terrance S. Carter and assisted by Nancy E. Claridge (Charity Law Bulletin No.51 and Church Law Bulletin No. 05. August 23, 2004.
     [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb51.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb51.htm

"Federal Court of Appeal Weighs in on Definition of Advancing Religion " by Terrance S. Carter and assisted by Nancy E. Claridge (Charity Law Bulletin No.50 and Charity Law Bulletin No.04. August 20, 2004).
     [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb50.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb50.htm

"Ontario Court of Appeal Affirms Unenforceability of Pledges" by Terrance S. Carter and assisted by Nancy E. Claridge (Charity Law Bulletin No.49. July 30, 2004).
     [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb49.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb49.htm

"Legal Liability in Fundraising: A New Approach in Risk Management" by Terrance S. Carter and assisted by Nancy E. Claridge (Charity Law Bulletin No.48. July 29, 2004).
     [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb48.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb48.htm

"Directorate Announces Reforms to the Charitable Regulatory Environment" by Terrance S. Carter and assisted by Nancy E. Claridge (Charity Law Bulletin No.47. July 22, 2004).
     [PDF] www.carters.ca/pub/bulletin/charity/2004/chylb47.pdf
     [WEB] www.carters.ca/pub/bulletin/charity/2004/chylb47.htm

In the Press

Legal Liabilities in Fundraising V: Avoiding Liability Involving Donor-Restricted Gifts by Terrance S. Carter - The fifth instalment in a series of articles providing a practical overview of the legal risks associated with charitable fundraising in Canada. Canadian Fundraiser Vol. 14 No. 15. August 15, 2004.
     [Link] www.canadianfundraiser.com/newsletter/article.asp?ArticleID=1444

Canadian Fundraiser eNews included a link to Charity Law Bulletin 49, "Ontario Court of Appeal Affirms Unenforceability of Pledges" by Terrance S. Carter (August 15, 2004).
     [Link] www.canadianfundraiser.com/Newsletter/issue_viewer.asp?Issue_ID=93

Philanthropic Foundations Canada listed www.charitylaw.ca as a resource in their publication, "Starting a Foundation: A Guide for Philanthropists." The publication also references "The Law of Charitable and Not-for-Profit Organizations: Third Edition, Chapter 3" by Carter and Associates counsel, Donald J. Bourgeois. August, 2004.

The International Journal of Civil Society Law - a publication of the Catholic University of America, Columbus School of Law - reproduced Charity Law Bulletin No. 46, titled "New Telemarketing Rules will have Onerous Impact on Charities", by Terrance S. Carter. July Issue, Volume II Issue 3
     [Link] http://law.cua.edu/Students/2.3%20IJCSL%20-%20July%202004.pdf

Legal Liabilities in Fundraising IV: Avoiding Liability Arising from Testamentary Gifts by Terrance S. Carter - The fourth instalment in a series of articles providing a practical overview of the legal risks associated with charitable fundraising in Canada. Canadian Fundraiser Vol. 14 No. 14. July 31, 2004.
     [Link] www.canadianfundraiser.com/newsletter/article.asp?ArticleID=1439

Legal Liabilities in Fundraising III: Looking at the Donor's Rights and Remedies by Terrance S. Carter - The third instalment in a series of articles providing a practical overview of the legal risks associated with charitable fundraising in Canada. Canadian Fundraiser Vol. 14 No. 13. July 15, 2004.
     [Link] www.canadianfundraiser.com/newsletter/article.asp?ArticleID=1426

New Services from Carter & Associates

Anti-terrorism Due Diligence Search Service for Charities and Non-Profit Corporations
Carter & Associates is now providing a due diligence search service for individuals and organizations that are wanting to ensure lack of association with, facilitation of, or funding of, "identified entities" under Canada's anti-terrorism legislation (July 2004).
     For more information please contact tcarter@carters.ca

Corporate Services for Charities and Non-Profit Corporations
New Corporate Service Packages for filings, annual corporate services and extra-provincial registrations (April 2004).
     [PDF] www.carters.ca/charity/corpserv.pdf

Recent Events and Presentation Materials

Bruce W. Long volunteers with International Justice Mission (IJM)
Bruce W. Long, sponsored by Carter and Associates, was part of a volunteer legal team working in India to help release children from bondage in quarries and child brothels. For more information on the IJM, visit their website at www.ijm.org.

Congregational Christian Churches in Canada Workshop was held in Brantford, Ontario, on July 8, 2004, with presentations by Carter & Associates lawyers on the following topics;
     "An Explanation of Bill C-250 (Hate Crimes)" by Bruce W. Long, and
     "Same Sex Marriages -Legal Context, Including Human Rights Issues and What
     Churches Can Do in Response" by Terrance S. Carter and Mervyn F. White.
     [PDF] www.carters.ca/pub/seminar/church/2004/Cong0708.pdf
     [WEB] www.carters.ca/pub/seminar/church/2004/Cong0708.htm

Upcoming Events and Presentations

The 2004 Annual Church & Charity Law™ Seminar, hosted by Carter & Associates, to be held on November 10, 2004 in Toronto, Ontario, is designed to provide practical information on current legal issues to assist churches and charities understand developing trends in the law and avoid unnecessary exposure to legal liability. Although the topics presented are directed at churches and charities, many aspects of the presentations will also be of interest to not-for-profit organizations. The seminar will include presentations by Elizabeth Tromp, Director General, Charities Directorate, Canada Revenue Agency, and Terry DeMarch, Director of Policy and Communications, Charities Directorate, Canada Revenue Agency.
     [PDF] www.carters.ca/pub/seminar/chrchlaw/2004/brochure-web.pdf
     [WEB] Brochure - www.carters.ca/pub/seminar/chrchlaw/2004/brochure.htm
                 Registration Form - www.carters.ca/pub/seminar/chrchlaw/2004/register.htm

Directors' and Officers' Liability: The Basics and Beyond - a Canadian Fundraiser "Key-to-the-Sector Workshop" - being held on September 22, 2004 in Toronto, Ontario with Terrance S. Carter presenting.
     [Link] www.canadianfundraiser.com/workshop_Viewer.asp?workshop_ID=16

Association of Treasurers of Religious Institutes (ATRI) 17th Annual Conference is being held on September 25, 2004, in Toronto, Ontario with Mark J. Wong presenting on "Privacy Compliance: What Charities Need to Do."
     [Link] www.atri.on.ca/page5.html

Trent Valley Association is hosting a seminar being held in Uxbridge, Ontario, on September 25, 2004, with presentations by Carter & Associates lawyers on the following topics;
     "An Explanation of Bill C-250 (Hate Propaganda) by Bruce W. Long,
     "Same Sex Marriages - Legal Context, Including Human Rights Issues" by Mervyn F. White, and
     "Same Sex Marriages - What Churches Can Do in Response" by Terrance S. Carter
     [Link] www.baptist.ca/events/details.php?id=65

Volunteer Lawyers Service and the Law Society of Upper Canada - Continuing Legal Education Workshop - Charitable and Nonprofit Primer will be held on September 27, 2004 in Toronto, Ontario with presentations by Terrance S. Carter on the following topics; "Advising the Charitable Client" and "Lawyer Due Diligence".
     [Link] http://ecom.lsuc.on.ca/index.html?/html/cle/2004/CLE04-0090801.html

Christian Legal Fellowship and the Evangelical Fellowship of Canada "Law & Church Leadership" will be held on September 30, 2004, in Vancouver, BC, with presentations by Carter & Associates lawyers on the following topics;
     "New Privacy Legislation & the Church" by Mervyn F. White
     "An Explanation of Bill C-250 (Hate Propaganda) by Bruce W. Long
     "Same  Sex Marriages" by Terrance S. Carter and Mervyn F. White
     "Important Recent Changes to the Income Tax Act and CRA" by Terrance S. Carter
     "Investigating Criminal Activities Including Sexual Abuse in the Church" by Bruce W. Long, and
     "Bill C-45" by Mervyn F. White and Bruce W. Long
     "The Impact on Christian Counseling & Church Discipline Arising from the Recent Jehovah      Witness Case" by Mervyn F. White and Bruce W. Long
     [Link] www.christianlegalfellowship.org/Conference2004/lawandchurch.htm

Hospice Association of Ontario 15th Annual Conference will be held in Alliston, Ontario on October 16, 2004 with Donald J. Bourgois presenting "Policy Based Board Governance - What Works, What Doesn't".
     [Link] www.hospice.on.ca/Conference-2004/conference2004.htm

Ontario Bar Association Continuing Legal Education Workshop - Special Demands for Special Use Lands - is being held October 18, 2004, in Toronto, Ontario, with a joint presentation by Terrancs S. Carter and John C. Latham regarding the topic of "Religious and Institutional Properties".

Institute of Chartered Accountants (Toronto Branch) - Directors & Officers Liabilities & Beyond to be held in Toronto, Ontario, on October 22, 2004, with Terrance S. Carter presenting on the following topics;
     "The Legal Duties of Directors of Charities and Not-for-Profits",
     "Good Governance in Meeting the Duties of Directors of Charities and Not-for-Profits",
     "Due Diligence in Avoiding Risks for Directors of Charities and Not-for-Profits",
     "How to Avoid Liability in Fundraising", and
     "Recent Changes to the Income Tax Act and Policies Relating to Charities and Charitable Gifts".

New York University School of Law, National Center on Philanthropy and the Law
Terrance S. Carter will present a paper recent developments in Anti-terrorism law in Canada and sanctions involving diversions of charitable assets in Canada at the New York University School of Law's Annual Conference on Philanthropy and the Law, "Diversions of Charitable Assets: Misuse, Sanctions & Enforcements" " in New York City - October 28-29, 2004.
     [Link] www.law.nyu.edu/ncpl/evntframe.html


Acknowledgements, Errata and Other Miscellaneous Items

Errata: The July 2004 Charity Law Update and the Carters.ca, Charitylaw.ca, and Churchlaw.ca homepages were all amended on July 28, 2004. The Trent Valley Association posting under Upcoming Events and Presentations section mistakenly reported that the Uxbridge United Church was sponsoring the seminar. The event's actual sponsor is the Baptist Convention of Ontario and Quebec.

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