From the Editor

In “Standing on Guard for Thee: The Role of the Office of the Public Guardian and Trustee”, Kenneth R. Goodman of the Office of the Public Guardian and Trustee Ontario (OPGT) provides a review of the current operations of the OPGT in regard to charitable matters. The OPGT’s jurisdiction originates in the Crown’s parens patriae duty in relation to charitable property and in several important and well-known Ontario statutes. Mr. Goodman describes the mandate of the OPGT in respect of corporations, litigation (passing of accounts, cy-pres and scheme-making and s. 13 orders under the Charities Accounting Act) and complaints against charities. He also provides an up-to-date description of the Charities Accounting Act and the Charitable Gifts Act, reviewing recent amendments of the statutes.

The Honourable Mr. Justice Maurice Cullity in “The Charitable Corporation: A ‘Bastard’ Legal Form Revisited” continues this issue with an in-depth review of the legal status of charitable corporations and discusses the basis of the courts’ jurisdiction over them. He observes that courts have recently concluded that it is not necessary to treat the directors of charitable corporations or the corporation itself as trustees of the corporate assets for charitable purposes in order for the court to accept and exercise its inherent jurisdiction. He advocates a “limited and restrained” jurisdiction over charitable corporations where it is “truly necessary to ensure and assist in the advancement of charitable purposes”.

In keeping with the theme of charitable corporations law, John P. Hamilton in “Recent Changes to Federal and Provincial Statutes Affecting Charities” provides a very useful review of the changes to Ontario and Canada nonprofit corporations statutes since the reforms to the business corporations statutes in the 1970s. He also reviews changes in government policy in respect of these corporations.

Jane Burke-Robertson in “Strategic Alliances in the Voluntary Sector in Canada” provides an insightful study of alliances in the nonprofit sector. She divides such alliances into administrative, service organization, join programming, and merger models, discussing the pros and cons of each method of alliance. Ms Burke-Robertson’s discussion is one of the very few available on this topic. It is informed by her many years of experience in the nonprofit sector and by her innovative and creative approach to addressing nonprofit organizational issues.

Finally, our “Bookshelf’ offers a review of the timely Thanks! A Guide to Donor-Centered Fundraising by Penelope Burk, reviewed by Malcolm D. Burrows of the Hospital for Sick Children in Toronto.



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