www.carters.ca
www.charitylaw.ca
•Charities need to be concerned
about the due diligence required to ensure that an “ineligible individual”
does not become involved or continue to be involved in the oversight
or management of the charity
•Budget 2011 states that a charity will not be required to
conduct background checks, but even if the charity wanted
to review the information required to independently assess whether
an individual is ineligible, it may not be publicly or easily
available
–Possible to search for relevant criminal
offences in Canada, but abroad?
–Many
relevant offences (e.g., Securities Act convictions) are not
tracked in publicly available databases in
Canada, or unlikely abroad
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