Between State and Market: Essays on Charities Law and Policy in Canada
McGill-Queen's Press - MQUP, 2001 - Law - 594 pages
Between State and Market surveys and critiques the existing literature on charities law as well as the laws themselves. The authors offer policy prescriptions for the future of an increasingly vital sector of Canadian society.
The first section of the book contains an overview of the charitable sector in Canada, a sociological review of altruism in different societies, a discussion of altruism in various philosophical and religious traditions, an economic analysis of "rational voluntarism," and an assessment of the relationship between the charitable sector and the welfare state. The second section contains five papers on the legal definition of charity, both general (the jurisprudence of the Federal Court of Appeal and a proposal for rethinking the concept of "public benefit"), and particular (the political purposes doctrine, religion as charity, and a commentary on the recent major Supreme Court decision on the meaning of charity). The third section deals with the tax status of charities: two papers evaluate the current tax credit system and one deals with the administration of charities by the Canada Customs and Revenue Agency. The final section contains essays on charities and commercial enterprise, on the regulation of fund-raising, and on needed reforms in non-profit corporation law. At a time when the federal government is about to embark on a wide range of policy initiatives to assist and regulate the non-profit sector, these essays are necessary reading for anyone concerned with the future of the charitable sector in Canada.
Contributors include Neil Brooks (Osgoode Hall Law School), Cara Cameron (McGill), Bruce Chapman, Kevin Davis (Toronto), Abraham Drassinower (Toronto), David Duff (Toronto), Richard Janda (McGill), Will Kymlicka (Queen's), Andrée Lajoie (Montreal), Mayo Moran (Toronto), Charles-Maxime Panaccio (office of Mr Justice Charles Gonthier), Jim Phillips, Jane Allyn Piliavin (Wisconsin-Madison), David Sharpe (Attorney-General's Office, New York State), Lorne Sossin (Osgoode Hall Law School), David Stevens, and Jen-Chieh Ting (Academia Sinica).
Jim Phillips is professor of law at the University of Toronto. Bruce Chapman is professor of law at the University of Toronto. David Stevens is professor of law at McGill University
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altruism Appeal argued argument behaviour Canada Canadian CCRA CCRA'S cent charitable activities charitable contributions charitable donations charitable giving charitable organizations charitable purpose charitable sector charitable status charitable trusts Charter civil society claim co-operation commercial activities common law constitutional cultural decision deduction definition of charity donors economic example FreeNet fund-raising funds gifts groups homo economicus homo socioeconomicus human Human Life International Ibid immigrants Income Tax Act individuals inequalities institutions issue Justice lacobucci law of charity left-liberal less libertarian meaning of charity ment moral Native Communications neo-conservative non-profit norms OLRC Ontario Pemsel political purposes principle prisoner's dilemma prosocial public benefit reason registered charities religion religious Report require response Revenue Canada role social capital social services Statistics Canada suggests tax credit tax-filers taxation taxpayers theory tion Toronto trust law University Press Vancouver Society voluntary organizations voluntary sector volunteer welfare