Regulation of advocacy in the voluntary sector : current challenges and some responses : a report

Part I Introduction
1.0 Background
2.0 Methodology
Part II Advocacy in the Voluntary Sector
1.0 Voluntary sector’s definition of advocacy
2.0 Diversity of advocacy work
3.0 Why charities engage in advocacy
4.0 Advocacy by whom?
5.0 Public approval of advocacy
Part III The Federal Government Environment
1.0 Government provides direct support for advocacy
2.0 When good relations with government are not enough
3.0 Devolution of service delivery heightens need for advice
4.0 New demands for policy input
Part IV The Regulatory Framework for Registered Charities
1.0 Restrictions on advocacy
2.0 Why charitable status matters
3.0 Advocacy and the regulation of charities
3.1 Limited federal authority to regulate charities
3.2 Charity interpreted narrowly under the law of trusts
3.3 Headings of charity
3.4 Prohibition on political purposes
3.5 The restrictions on political activities
3.6 The limits of public education
Part V Problems with the Rules
1.0 Regulation is unreasonable and overly broad
1.1 The difference between facts and opinion
1.2 Intention to persuade will always be present
1.3 The rules mandate the subordination of charities to government
1.4 The ban on influencing any person is overly broad
1.5 Requiring charities to present both sides is unreasonable
1.6 Tiptoeing around socially controversial issues
2.0 Problems of clarity: where to draw the line?
2.1 When do language and images become emotive?
2.2 Subjectivity and other difficulties in measuring intention
2.3 Insufficient clarity among the regulated about what is regulated
2.4 Advocacy chill
2.5 The difficulty of the 10 percent rule
3.0 The rules prevent charities from achieving their charitable purpose
3.1 Necessary for achievement of charitable purposes
3.2 Advocacy empowers those denied social justice
3.3 Controversy is part of helping people on the margins
4.0 The appearance of discriminatory application of the rules
5.0 Group interests can support the broader public interest
6.0 Inconsistent treatment of advocacy by charities & other efforts to change policy
6.1 Unclear why litigation is treated differently
6.2 Difference between advocacy and lobbying and advertising expenses of private sector
6.3 Difference between advocacy expenditures and donations to political parties
Part VI Other Jurisdictions
1.0 The United States
2.0 England and Wales
Part VII Responses to Arguments Against Change
1.0 Advocacy is not included in the traditional justification for subsidizing charities
2.0 Indirect subsidy to organizations opposing government
3.0 Government loses control over who to exclude
3.1 Government loses control over groups whose political views are considered extreme
3.2 Government loses flexibility to make judgements most Canadians would support
4.0 Not in the best long term interest of the charitable sector
5.0 Loss of taxation revenue
6.0 Advocacy groups and charities do not contribute usefully to the policy debate
7.0 Difficulty in measuring the impacts of advocacy
Part VIII Options for Change
1.0 Our purpose and a caveat
2.0 “Working Together” proposal: redefine political activities
3.0 “Working Together” proposal: replace the 10 percent rule with a requirement that political activities be incidental and ancillary
4.0 IMPACS proposal: list prohibited partisan political activities in Income Tax Act
5.0 Press for more guidance from courts or tribunal
6.0 Drache proposal: create new category of public benefit organization
7.0 Webb proposal: create new category of Registered Interest Organization
Part IX Conclusion


Endnotes