The seismic shift in the politics of charitable registration became glaringly apparent on December 1, 2017, during the high-stakes Supreme Court of Canada hearing on the Trinity Western University (TWU) Law School Case. As intervenor counsel, I witnessed firsthand the pressing debate around TWU’s adherence to a Christian heterosexual definition of marriage—a common standard for Christian institutions but was challenged for its alleged discriminatory nature by several law societies and others including the Canadian Bar Association (CBA).
Justice Malcolm Rowe questioned the CBA lawyer on whether government should not grant regulatory approval of Christian institutions when similar standards are deemed discriminatory.
Justice Rowe: ‘How about my theoretical Jesuit institute?’ Justice Rowe inquired. ‘You can’t get in unless you’re a Jesuit. You can’t become a Jesuit unless you’re a Catholic priest. And you can’t become a Catholic priest unless you’re a man. Should their tax-exempt status be struck down because of that?’
CBA Lawyer: ‘It’s not the case before us.’
Rowe: ‘But is it not the logic of what you’re putting to us?’
CBA Lawyer: ‘It is the logic of what I am putting to you. There are limits to what the state should be called upon to support […] you are right, we are at that threshold, and we can’t back away from it.’
The CBA lawyer admitted that we are now at a critical threshold where the state must not grant charitable status of a religious organization with unacceptable views. Otherwise the state is supporting discrimination. This was both alarming and telling. This case underscored a dangerous precedent where “Charter values,” undefined in the constitution, clashed with and ultimately negated genuine Charter rights, like TWU’s freedom of religion, in favor of government-driven equality ideals.
The real-world implications are stark. Government funding, such as the Canada Summer Jobs grant, now leverages these “Charter values” to exclude religious charities that don’t align with so-called “progressive” ideologies. This approach became glaringly political when the Prime Minister’s 2021 election platform explicitly targeted organizations like Crisis Pregnancy Centres, threatening their charitable status due to their pro-life beliefs intrinsically tied to religious doctrines.
Then the December 13, 2024 release of the federal Finance Committee’s recommendation to not only strip pro-life charities of their status but to amend the Income Tax Act to erase “advancement of religion” as a charitable purpose represents a rapid increase in the ideological offensive that has been brewing for some time.
This brazen suggestion dismantles centuries-old principles from 1601 that deemed religious advancement beneficial to society—a tradition now threatened by current political machinations.
Religious charities, whose charitable purpose is the “Advancement of Religion” must recognize these assaults for what they are: a calculated use of financial leverage to enforce ideological compliance.
I am of the view that the path forward demands strategic action:
- Recognize Political Realities: Accept that charitable status is a privilege contingent on current political whims, requiring adjustment to maintain religious commitments. With 53% of Canadians identifying as Christian that remains a large segment of the population to work with but religious affiliation is dropping. In 2001, 77% of Canadians claimed to be Christian. With 36% claiming no religion there is an increasing number who do not understand the concept of the Advancement of Religion as a charitable purpose.
- Engage Secular Elites: Forge robust dialogues with influential non-religious circles, like academics and media, to showcase the vital societal roles that religious charities play. Often, their invaluable contributions go unnoticed by these communities – as they are seldom served by religious charities.
- Reaffirm Religious Accommodation: Advocate fiercely for legal affirmation of religious freedoms that underpin societal diversity and tolerance, acknowledging the historical necessity of these liberties. While charitable status is not a religious freedom issue it is an indication of how government is willing to accommodate religion. An atmosphere with negative accommodation can easily morph into a discriminating stance against religious groups.
- Highlight Benefits: Broadcast the profound benefits religious charities offer, compelling critics to justify any moves to revoke their statuses. For example, research by organizations like CARDUS demonstrates, every dollar spent by religious charities yields $3.39 back to the community, totaling an astounding $18.2 billion nationwide.
- Promote Legal Advocacy: Become relentless champions in legal contexts, as subtle shifts can cause significant operational impacts. Expertise in law, politics, and media is essential to effectively safeguard these interests. It is time to build your expertise in these areas.
- Prepare for the Worst: Is your church or religious charity preparing for the likelihood of no charitable status? If not, now is the time to prepare. Have you established a close relationship with your donors to ward off any aggressive action by government against your funding? Religious charities can become too confident in the willingness of their supporters to continue donating when there is no longer any tax advantage to do so. I know of a church that lost its charitable status because it was deemed extremist in its views. The pastor thought his members would continue to support at the same level. They did not. He told me he has to sell his house because he could no long afford it. A financial tsunami may come that you do not expect.
It is all but certain that the current government is in its final phase due to collapse of public support, it may well be that the new government will scrap the current recommendation to remove the advancement of religion as a charitable purpose. We can expect a more friendly government toward religious charities.
However, we must not lose sight of the fact that this conversation being on the political radar suggests a persistent and underlying threat towards religious charities. The anti-religious groups demanding the removal of the Advancement of Religion as a charitable purpose are not going to relent. This has been a multi-decade project.
Even if a Conservative government follows in the coming months and pursues a more accommodating policy, the religious community must remain unyielding and ever vigilant in upholding their societal contributions against any future ideological attack on their ministries. After all the political pursuit of this anti-religious stance is because the current government is convinced that there is a political market for it.
For far too long Churches in Canada have taken their status under the Income Tax Act for granted. It is time to get more intentional in the public discussion as to why having this privilege is a public benefit. Make your case as to why your charitable works benefit the country as a whole.
