Donations in the criminal law context

Jeff Manishen, a Hamilton lawyer who specializes in criminal law, wrote to me recently to ask some interesting questions about donations. Jeff sometimes negotiates arrangements under which clients can avoid prosecution by making a donation to a charity. Some charities, however, refuse to issue receipts for such donations. Is that right? My responses follow.

A Nasty Surprise for Charities

On July 18, 2005, the Department of Finance released over 300 pages of draft legislation amending the Income Tax Act (Canada) (the “Act”). For the most part, the legislation merely reintroduces previously-announced proposals, but Finance slipped in a new measure that imposes new burdens on charities. If the proposal is enacted, a charity that issues a receipt with an eligible amount in excess of $5,000 will be required first to make “reasonable inquiry” about whether the amount should be reduced under any one of a number of complex provisions of the Act relating to gifts.