Distinguishing Charity and Politics: The Judicial Thinking Behind the Doctrine of Political Purposes

Abstract

This article identifies and critiques the rationales articulated by courts in support of the doctrine of political purposes in charity law. The author argues that courts have failed to cogently account for the doctrine. The author traces the doctrine back to a judicial misstatement of the law in an early twentieth century decision. The author then points out the flaws and limitations with the various justifications that have since been developed in the Canadian and English jurisprudence in support of the doctrine. The article concludes with the observation that the shortcomings with the doctrine are symptomatic of a larger theoretical failing in the law of charity.