Donor legal rights
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In February 2006, The Economist heralded a new era of giving it called philanthrocapitalism. #_edn2″ name=”_ednref2″ style=”color: #999999; 2 Baby Boomers do good giving differently. Their way is a stark contrast to rich donors of the traditional Silent Generation. The Silent Generation typically defers to authority and gives by the established rules. #_edn4″ name=”_ednref4″ style=”color: #999999; 4 A judge hears the reasons and decides if it merits an investigation. In denying Faas’ case to proceed, Morgan writes Uncertainty around charity spending is undermining public confidence and support. This harms charities too. Perhaps addressing this is in the public interest.
text-align: center; ” #_edn6″ name=”_ednref6″ style=”color: #999999; 6 Transparency is the cornerstone of investing. It requires clear and meaningful financial disclosure. In vying for Baby Boomer dollars, charities bandy around business terms like ‘return on investment’ and ‘impact’. Yet charities rarely report the meaningful information an investor needs to assess such impact or returns.
It comes down to defining “meaningful transparency”. Professionals across broad industries, like lawyers, mechanics, counsellors, and engineers, provide spending breakdowns. For example, legal bills show costs like billable hours, those of partners, associates and clerks, and other costs. This is common practice. Charities are not held to this professional standard. Unless there is fraud, Morgan finds such “granular” details excessive.
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Raising more questions about misappropriated donations
Beyond financial transparency, it is unclear how Morgan’s ruling affects restricted donations. Restricted donations are very popular. Donors like giving to a particular purpose – a scholarship, a new building, even goats. Charities are keen to woo donors. Fundraisers offer specific purposes and programs as a powerful incentive to get donations. #_edn10″ name=”_ednref10″ style=”color: #999999; 10 Given these severe penalties, charities must have stringent internal controls to handle restricted donations.
According to experienced philanthropic advisor, Doug White, donations for special purposes are often misappropriated. He urges donors to “be far more diligent in tracking how their money is used. They need to hold the charity to account.” #_edn12″ name=”_ednref12″ style=”color: #999999; 12 Ontario’s Charities Accountability Act does not explicitly define this “public interest”. This is up to a judge’s discretion. Morgan refers to case law to suss out what the public interest is – and what it is not. One donor’s appeal for transparency does not merit an investigation. Public interest must be more than news headlines. #_edn14″ name=”_ednref14″ style=”color: #999999; 14 it “should not be initiated lightly. Charities …should not quickly be subjected to the disruption and expense of such an inquiry”. #_edn16″ name=”_ednref16″ style=”color: #999999; 16 In Ontario, where the Charities Accounting Act applies, 2,135,570 donors gave $3.9 billion to charity in 2016. #_edn18″ name=”_ednref18″ style=”color: #999999; 18 They have unanswered questions about how charities spend money.
Donors with a “bad gut-feel” about how their donation was actually spent rarely seek justice. Most stick to the upper-class code of silence about all things unpleasant.Read More

