MAKING A CITIZEN'S ARREST - THE CHARITY VERSION
By Adam Aptowitzer

We often receive calls from members of the public who have had some concern about a particular charity of which they have some association.  At times they ask what they can do to hold the charity accountable for any of its alleged misdeeds. While the barrier to taking action can often be financial (and quite high at that) in Ontario the courts have recently ruled that anyone can hold a charity accountable.

Those that follow the newspapers will remember the recent cases involving the Toronto Humane Society. While the full story of the case likely has not yet seen the light of day it is well known that the leadership of the Toronto Humane Society were arrested for "mismanagement" of the Toronto Humane Society. In one of the earlier Court hearings in the subject, the Ontario Society for the Prevention of Cruelty to Animals ("OSPCA") brought a motion to the Ontario Superior Court requesting (among other things) that the Court order the Public Guardian and Trustee to take action against the Humane Society.

In response, the Humane Society argued that the OSPCA did not have standing (i.e. could not make this request to the court) in this matter and that only the Attorney General or the Public Guardian and Trustee could commence such a motion before the court.

In reviewing the Ontario Charities Accounting Act the Judge confirmed that in fact any member of the public could ask the Court to have the government intervene. While it has never been tested, the general authority of courts to supervise charities may mean this decision could be applied equally outside of Ontario.

The practical implications of this finding is that members of the public with an interest in charity operations and knowledge of its operations may have standing to request that a Court order the Province to intervene.