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York University


									        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

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

   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

            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.

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