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| Path: Main Street : Resources & Library : Research Articles : Feature Article |
When educational activities appear political, Revenue Canada says "Whoa!"by Sarah Dover
October 19, 1995; The Nonprofit NewsHuman Life International - Canada (HLI - Canada) will soon be filing documents with the federal court which will attempt to defend its charitable registration against Revenue Canada's allegations that the organization's activities are political and not educational.
The factum, a document stating their legal position and supporting facts, will soon be filed with the courts on behalf of HLI - Canada. A trial date will be set once a reciprocal factum is filed by the Justice Department on behalf of Revenue Canada. This exchange will require time which will propel a court date well into next year.
HLI - Canada has been registered as a charitable organization for 12 years, charged with the mandate to educate the Canadian public on specific health issues. Revenue Canada has narrowly interpreted The Income Tax Act's definition of education to mean the advancement of a branch of knowledge or development of mental facilities. Canadian courts have defined four categories of appropriate charitable activity: relief of poverty, promotion of religion, advancement of education and other activities to benefit the community.
If political activity is seen as influencing politicians or affecting the legislative process, HLI - Canada is indeed not political. "Rather than trying to influence government," explains HLI - Canada lawyer Arthur Drache, "they are trying to influence individual morality." Ironically, their defense of their registration from Revenue Canada has attracted the attention of federal politicians who have promised the organization to speak out when the time is right.
HLI - Canada is an educational research group with over 7,000 supporting members nationally. They focus on issues of health, family, contraception, birth and abortion. HLI - Canada is not formally affiliated with the Catholic Church. However all their viewpoints are made to be consistent with Catholic theology. Their arms length relationship with a religious body prohibits their appeal to be grounded in their religious activity.
HLI - Canada will also attempt an argument based on the Charter of Rights and Freedoms which guarantees freedom of speech. During the course of the appeal, HLI - Canada will be legally issuing tax-deductible receipts and be exempt from paying taxes.
Some organizations which oppose the mandate of Human Life International are frustrated that they operate without governmental sanction while HLI - Canada receives governmental support. Marcy Gilbert, Executive Director, of the Canadian Abortion Rights Action League (CARAL) states that their organization is well aware that lobbying the public and government sets CARAL outside the acceptable definition of a charitable organization. For this reason, CARAL is not a registered charity or non-profit.
While adversaries continue to battle each other on opposite sides of this contentious issue, they will each be awaiting the outcome which will deeply affect their respective struggles.
Sarah Dover is President of the Ottawa-based consulting firm Dover and Associates, and Publisher of the Review of Philanthropy . Reach her by e-mail at dover@achilles.net.
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