York University Faculty of Graduate Studies Specialization in the Part-time LLM: Charities and Not-for-Profit Law November 2009 York University Sub-Specialization in the Part-time LLM: Charities and Not-for-Profit Law 1. Focus and Degree Level This submission is for a new sub-specialization in Charities and Not-for-Profit Law within the established part-time, professional stream LLM Program. 2. Appraisal Status and Degree Level of Parent Program The Graduate Program in Law (LLM and PhD) was approved as of Good Quality at its last periodic appraisal (2008). The proposed offering fits within the overall plan of Osgoode Hall Law School for graduate level programs. The Graduate Program in Law at Osgoode Hall currently offers degrees at the master’s and doctoral levels. At the master’s level, there is a research stream LLM (with a MRP or thesis requirement) as well as part-time, professional stream LLM. The academic plan of the School involves strengthening and expanding both streams by offering more sub-specializations in the part-time LLM and expanding the profile of both streams inside Osgoode and within the community. The proposed Charities and Not-for- Profit Law sub-specialization will help to fulfill some of these goals. 3. Distinct Field The proposed offering, as noted above, is a specialization of great complexity and growing importance which will further diversify Osgoode’s Part-time LLM offerings. It cuts across several areas legal doctrine, combining aspects of tax law, corporate law, trusts law, constitutional law and several others. The purpose of this offering is to give lawyers who practice in the area of charities and not-for-profit law an opportunity to examine the area within the analytical framework of university graduate study and, as a result, become better equipped to play a leading role in the development of charities and not-for-profit law by acquiring a sophisticated set of appropriate legal skills and knowledge. The entire complement of courses is designed to cover a significant range of areas where law and the charities and non-profit sector intersect. The courses will reflect that the genesis of modern charity law dates to common law trust doctrine. However, they will also recognize that the de facto regulator of the sector is now the Canada Revenue Agency. The course offerings include subjects with both a practical orientation and challenging theoretical focus. The proposed offering does not duplicate, but rather complements, existing offerings in the JD program and the part-time LLM Program including: Administrative Law, Constitutional Law, Business Law, Trusts Law and Tax Law. 4. Curriculum The proposed sub-specialization is designed to be completed in 6 terms of part-time time study. Classes will be conducted in a variety of formats: weekly, twice weekly, intensively or in a combination of these formats. The program will also be offered by distance. All students in the LLM specializing in Charities and Not-for-Profit Law must complete the following required courses: GS LAW 6880 3.0 Role and Regulation of the Voluntary Sector: Charitable Giving, Non-Profits and Public Policy GS LAW 6881 3.0 Trust Principles of Charity Law GS LAW 6882 3.0 The Legal Meaning of Charity GS LAW 6883 3.0 Non-Share Capital Corporations Law GS LAW 6884 3.0 The Special Status of Charities: Unique Issues and the Exceptional Treatment of Charities GS LAW 6885 6.0 Overview of US Charity and Not-for-Profit Law GS LAW 6886 6.0 Tax Regulation of Charities and Non-Profits GS LAW 6887 3.0 Tax Treatment of Charitable Gifts and Gift Planning The remaining 6 credit hours required are electives, so that students can take courses from other LLM specializations or do a Major Research Paper in the Charities and Not- for-Profit Law area. Students who elect not to do an MRP will be required to write a minimum 30 page research paper in one of the required courses. Full course descriptions are appended. 5. Core Faculty Robert Hayhoe, a well-known practitioner in the field and graduate of the Part-time LLM in Tax Law, has agreed to be a co-director, together with Professor Neil Brooks, Osgoode Hall Law School. As well, several full-time faculty at York University are qualified to teach these core courses. These include full-time faculty: Neil Brooks, Jinyan Li, Lisa Philipps. Part-time adjunct faculty will include: Professor Lionel Smith of the McGill University Faculty of Law, Professor Adam Parachin of the University of Western Ontario Faculty of Law, Expert Practitioner David Stevens of Gowlings and former McGill University Faculty of Law Professor, Expert Practitioner Bryan Campbell, General Counsel of the Salvation Army in Canada, Associate Professor Lloyd Hitoshi Mayer of the University of Notre Law School, Expert Practitioners Arthur Drache, CM, QC of Drache LLP and Miller Thomson LLP, Robert Hayhoe of Miller Thomson LLP, Expert Practitioner Karen Cooper of Carter & Associates who teaches an LLB course in charity law at the University of Ottawa and expert practitioner Carole Chouinard of Gowlings LLP. 6. Management The part-time LLM is headed by an Academic Director who is part of the Osgoode full-time faculty and supported by staff at the downtown location, including a full-time Associate Director, Academic Programs, Osgoode Professional Development. All of the part-time LLM programs are self-funding, so resource implications are a matter of internal budgeting. The proposed sub-specialization has been developed to draw upon some full-time faculty resources, but also to use the expertise of senior practitioners and other professionals in the field. To this end, there will be no adverse effect on faculty resources, and both the Dean and the Associate Dean (Research and Graduate Studies) are aware of the full-time faculty involvement and have approved the specialization on that basis. Osgoode faculty generally teach on overload at OPD, so there will be little effect on the delivery of the JD program at Osgoode. 7. Demand and Enrolment A growing population of lawyers practice in the charities and not-for-profit field but there is no LLM specialization in North America, and indeed, very few JD/LLB courses, covering this complex area. At the same time, there is an increasing thirst for knowledge in charities and not-for-profit law as voluntary sector institutions become increasingly regulated and affected by legal issues. There are relatively small number of private practice practitioners who currently practice full-time in this area; although there are increasing numbers who have this as part of their practice. We also plan to offer it by distance learning in order to increase the potential market. Further, Revenue Canada has a significant number of lawyers engaged in this field and we expect that it will support this program in the same way that it has supported the LLM specializing in Tax Law. We expect that we would run the specialization every 2nd or perhaps 3rd year. We also expect that some of the courses will be attractive to students in the LLM – General stream and also those in Business Law and Tax Law who may wish to take them as electives. 8. Admission Requirements Admission requirements are: An LLB or JD degree with an overall B average (or equivalent) or relevant work experience (typically five years) plus an LLB degree with an overall B- or C+ average. A limited number of places are available for candidates with a university degree who have superior academic records and experience but who do not have an academic degree in law. (In this specialization, there may be a number of accounting professionals who have the requisite experience to qualify for admission). Proof of language proficiency for applicants who do not meet one of the following criteria: 1. their first language is English; OR 2. they have completed at least two years of full-time study at an accredited university in a country (or institution) where English is the only official language of instruction. 9. Mode of Delivery This specialization will be taught in the classroom in Toronto but will also be available to remote students by means of two-way computer desk-top videoconferencing.