Frequently Asked Questions
The charter challenge alleges that CRA Audit infringed sections 2(a) (freedom of religion), 2(b) (freedom of expression), 2(d) (freedom of association) and 15 (equality) of the Charter of Rights and Freedoms.
Overall, the outcome of MAC’s legal challenge could have significant implications for the Muslim charity sector and the broader charitable sector in Canada, as well as for the CRA’s regulatory practices more broadly.
If the court determines that MAC’s claims are legitimate and that the CRA’s audit was discriminatory and violated the rights of Canadian Muslims, it will have significant implications for other Muslim charities across Canada. It could lead to increased scrutiny of the CRA’s audit process and could prompt other Muslim organizations to challenge the CRA’s ongoing audits and possibly previous revocations of Muslim charities.
It may have broader implications for the charitable sector in Canada as a whole, as it could lead to reforms in how charities are audited and regulated. Specifically, it could lead to changes of how the CRA selected charities, increased oversight of the CRA’s audit process, and prompt changes in how the CRA decides the outcomes of audits.
As MAC’s factum states “garbage in, garbage out.” The audit team began with an audit analysis and desk review and the auditors, confirmed in cross examination, were given the Quiggin report to read when they starting the audit.
The auditors were biased in their view towards the organization and Muslims partially due to this material. This led to an AFL that continued to rely upon such
No. MAC’s audit is a textbook example of the findings from the Underlayered Suspicion report completed by the University of Toronto’s Institute of Islamic Studies and the NCCM. https://www.layeredsuspicion.ca/
The CRA’s practices have been validated by a recent report from the Taxpayers’ Ombudsperson. Mr. François Boileau was tasked with examining concerns about the experiences of charities led by racialized communities and their experiences with the CRA. This was following the Government of Canada’s National Summit on Islamophobia.
The Taxpayers’ Ombudsperson was unable to complete its review because the CRA would not provide information related to how it assesses risks and its audit techniques.
The CRA’s prejudice against Muslim charities has had a damaging impact on the Muslim community in Canada.
MAC’s very existence has been threatened by this audit.
It has unfairly forced MAC (and many other Muslim charities) to spend significant amounts of time and resources defending against CRA audits. This diverts important resources away from charitable work services for communities that rely on them.
MAC’s challenge will be a significant step towards addressing institutional Islamophobia in the Government of Canada and ensuring that Muslim Canadians are treated fairly and equitably under the law.