OTTAWA — A Muslim international relief charity is telling the Supreme Court of Canada the federal government should not be allowed to “shoot first and hold a hearing later” when it comes to levying administrative penalties.
Ottawa-based Human Concern International can resume issuing tax receipts to donors now that a government-imposed suspension has expired.
But HCI is asking the top court to review the Federal Court of Appeal’s March dismissal of its request for a freeze of the suspension while a challenge of the penalty played out.
The Canada Revenue Agency levied the one-year suspension in July 2021 following an audit by the revenue agency’s charities directorate that flagged concerns about six initiatives.
Although the suspension has now ended, HCI is still pursuing the legal matter of a right to a freeze on the basis it has significant repercussions for the charitable sector as a whole.
In its application seeking a hearing in the Supreme Court, HCI says the rule of law in Canada will be “significantly diminished” if the court does not step in.
The charity argues federal agencies will be empowered to impose penalties before an airing of the issues — and prior to a determination of guilt.
“Justice will be denied to innocent parties, as government agencies will be free to extract punishments from citizens, even where the punishment cannot be reversed in the event bureaucratic error is identified at trial.”
Any other charities going through a revenue agency audit “will live in this fear of suspension,” HCI executive director Mahmuda Khan said in an interview. “And they’ll also feel like, OK, we have nowhere to go, or there’s no way to hold CRA accountable. And that’s not the position we want to have for charities in Canada.”
The revenue agency accused HCI of improperly issuing donation receipts totalling more than US$307,000 on behalf of organizations administering the six projects in question — a practice known as third-party receipting.
The initiatives included three education and health projects in India, education and skills development of orphans in Bangladesh, orphan support in Somalia and an education project in Kenya.
HCI, the oldest Muslim global relief charity in Canada, says charities often work with individuals and groups connected to the communities where the projects are taking place.
The charity insists it has always been committed to maintaining direction and control of its overseas projects and to ensuring that all such projects conducted through third-party intermediaries constitute HCI’s own charitable activities.
HCI objected to the suspension through the revenue agency’s internal administrative appeal process. That appeal is ongoing, Khan said.
At the same time, it applied to the federal Tax Court to delay application of the suspension until the revenue agency had considered the objection.
In August 2021, a Tax Court judge declined to grant a stay of the suspension.
In its March decision, a three-member panel of the Federal Court of Appeal upheld the judge’s ruling, saying HCI had not raised any error warranting intervention.
The Court of Appeal also said there was no merit to HCI’s argument that the Tax Court should have applied principles of natural justice to ensure the charity was not deprived of its right to a hearing on the merits of the matter before the suspension was imposed.
In its application to the Supreme Court, HCI says it lost an estimated $4 million in donations as a result of the suspension.
The charity has also incurred “significant legal fees,” Khan said.
HCI says while the revenue agency plays an important public function in regulating the special status of charities, that public interest can still be served by imposition of a suspension once internal appeals at the agency have been exhausted.
Federal lawyers have yet to file arguments in response. The Supreme Court is expected to decide in coming weeks whether to hear the case.
The federal revenue agency confirmed to The Canadian Press that HCI’s receipting privileges are now restored.
In a statement Thursday marking the end of the one-year suspension, HCI said tax receipts will be issued for all eligible donations going forward.
“HCI is grateful that many of our donors stood by us during these challenging times while the CRA one-year suspension was in effect. The support for our humanitarian programs despite our inability to issue tax receipts is evidence of HCI’s 40-year achievement in continuing our bond with our donors and beneficiaries,” the statement said.
“HCI worked tirelessly to minimize the impact of the suspension on our beneficiaries, including supporting tens of thousands of orphans, empowering vulnerable women, providing water aid, rebuilding Gaza, or responding to emergencies in Afghanistan and Yemen.”
This report by The Canadian Press was first published July 14, 2022.
Jim Bronskill, The Canadian Press
PORT ALBERNI, B.C. – RCMP say the body of a second person has been found inside their vehicle after a road washed away amid pouring rain on the west coast of Vancouver Island.
Police say two vehicles went into the Sarita River when Bamfield Road washed out on Saturday as an atmospheric river hammered southern B.C.
The body of the other driver was found Sunday.
More coming.
The Canadian Press. All rights reserved.
The B.C. Greens say Sonia Furstenau will be staying on as party leader, despite losing her seat in the legislature in Saturday’s provincial election.
The party says in a statement that its two newly elected MLAs, Jeremy Valeriote and Rob Botterell, support Furstenau’s leadership as they “navigate the prospect of having the balance of power in the legislature.”
Neither the NDP led by Premier David Eby nor the B.C. Conservatives led by John Rustad secured a majority in the election, with two recounts set to take place from Oct. 26 to 28.
Eby says in a news conference that while the election outcome is uncertain, it’s “very likely” that the NDP would need the support of others to pass legislation.
He says he reached out to Furstenau on election night to congratulate her on the Greens’ showing.
But he says the Green party has told the NDP they are “not ready yet” for a conversation about a minority government deal.
The Conservatives went from taking less than two per cent of the vote in 2020 to being elected or leading in 45 ridings, two short of a majority and only one behind the NDP.
This report by The Canadian Press was first published Oct. 22, 2024.
The Canadian Press. All rights reserved.
Toronto FC captain Jonathan Osorio is making a difference, 4,175 kilometres away from home.
The 32-year-old Canadian international midfielder, whose parents hail from Colombia, has been working with the Canadian Colombian Children’s Organization, a charity whose goal is to help disadvantaged youth in the South American country.
Osorio has worked behind the scenes, with no fanfare.
Until now, with his benevolence resulting in becoming Toronto FC’s nominee for the Audi Goals Drive Progress Impact Award, which honours an MLS player “who showed outstanding dedication to charitable efforts and serving the community” during the 2024 season.”
Other nominees include Vancouver Whitecaps midfielder Sebastian Berhalter and CF Montreal goalkeeper Jonathan Sirois.
The winner will be announced in late November.
The Canadian Colombian Children’s Organization (CCCO) is run entirely by volunteers like Monica Figueredo and Claudia Soler. Founded in 1991, it received charitable status in 2005.
The charity currently has four projects on the go: two in Medellin and one each in Armenia and Barranquilla.
They include a school, a home for young girls whose parents are addicted to drugs, after-school and weekend programs for children in a disadvantaged neighbourhood, and nutrition and education help for underprivileged youth.
The organization heard about Osorio and was put in contact with him via an intermediary, which led to a lunch meeting. Osorio did his due diligence and soon got back to the charity with his decision.
“It was something that I wanted to be a part of right away,” said Osorio, whose lone regret is that he didn’t get involved sooner.
“I’m fortunate now that to help more now that I could have back then,” he added. “The timing actually worked out for everybody. For the last three years I have donated to their cause and we’ve built a couple of (football) fields in different cities over there in the schools.”
His father visited one of the sites in Armenia close to his hometown.
“He said it was amazing, the kids, how grateful they are to be able to play on any pitch, really,” said Osorio. “But to be playing on a new pitch, they’re just so grateful and so humble.
“It really makes it worth it being part of this organization.”
The collaboration has also made Osorio take stock.
“We’re very fortunate here in Canada, I think, for the most part. Kids get to go to school and have a roof over their head and things like that. In Colombia, it’s not really the same case. My father and his family grew up in tough conditions, so giving back is like giving back to my father.”
Osorio’s help has been a godsend to the charity.
“We were so surprised with how willing he was,” said Soler.
The TFC skipper has helped pay for a football field in Armenia as well as an ambitious sports complex under construction in Barranquilla.
“It’s been great for them,” Figueredo said of the pitch in Armenia. “Because when they go to school, now they have a proper place to train.”
Osorio has also sent videos encouraging the kids to stay active — as well as shipping soccer balls and signed jerseys their way.
“They know more about Jonathan than the other players in Colombia,” Figueredo said. “That’s the funny part. Even though he’s far away, they’ve connected with him.”
“They feel that they have a future, that they can do more,” she added. “Seeing that was really, really great.”
The kids also followed Osorio through the 2022 World Cup and this summer’s Copa America.
Back home, Osorio has also attended the charity’s annual golf tournament, helping raise funds.
A Toronto native, he has long donated four tickets for every TFC home game to the Hospital for Sick Children.
Vancouver’s Berhalter was nominated for his involvement in the Whitecaps’ partnership with B.C. Children’s Hospital while Montreal’s Sirois was chosen for his work with the Montreal Impact Foundation.
—
Follow @NeilMDavidson on X platform, formerly known as Twitter
This report by The Canadian Press was first published Oct. 21, 2024.
Sentencing hearing continues for University of Waterloo gender studies class stabber
Toronto FC captain Jonathan Osorio making a difference off the pitch as well as on it
Inequality has broad impacts on the health of Montreal children, report finds
Liberal majority victory shifts political landscape in New Brunswick
Thomson Reuters acquires AI accounting assistant developer Materia
Building Homes Faster with our Latest 3D Construction Printer
Legault ‘shocked’ by Montreal teacher scandal, pledges to toughen secularism measures
Susan Holt Breaks the Glass Ceiling in New Brunswick Politics
