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Home»News»Review of Canadian revenue service audit of Muslim charities “inherently flawed”

Review of Canadian revenue service audit of Muslim charities “inherently flawed”

Interrogating the interrogator of the interrogee: numerous Muslim entities have called on Justin Trudeau to ensure the Office of the Taxpayers’ Ombudsperson has full access to information pertinent to CRA review
News 10/12/2022No Comments6 Mins ReadBy Shaheer Choudhury
An anti-Islamophobia rally in the city of Toronto, Ontario. Photograph credit: arindambanerjee / shutterstock.com

In an open letter addressed to Canadian Prime Minister Justin Trudeau last Tuesday, dozens of Muslim-led organisations called on the head of government to make certain that the Office of the Taxpayers’ Ombudsperson (OTO) has full access to all of the information required to carry out its independent review into how the Canada Revenue Agency (CRA) audits and engages with Muslim-led charities. [1]

Over the past few years, numerous Muslim entities have criticised the CRA for seemingly Islamophobic practices. And in April of 2022, the Muslim Association of Canada (MAC) – the country’s largest Muslim charitable organisation – called out the revenue service as being “tainted by systemic bias and Islamophobia”. [2]

Last week, Canada’s leading Muslim organizations sent a letter to the Prime Minister laying out concerns around CRA transparency given an ongoing review of systemic racism and Islamophobia at the CRA. https://t.co/yJE4ftfgpw

— NCCM (@nccm) December 8, 2022

Signed by a staggering 78 Muslim organisations including the likes of Islamic Relief Canada, the Rohingya Centre of Canada, the Islamic Circle of North America (ICNA Canada), and countless masājid and charitable groups, the signatories begin by stating,

“In the aftermath of the 2021 National Islamophobia Summit, we were heartened to see your commitment to ensure a review of the CRA’s auditing practices of Muslim charities.

“We warned, however, that the review would need to be comprehensive and that there would need to be transparency. Unfortunately, we write to you today to suggest that the above review is inherently flawed.” [1]

Taxpayers’ Ombudsperson at an “impasse”

Published on the National Council of Canadian Muslims (NCCM) website in the customary French and English languages, the letter goes on to say that Muslim organisations remain concerned that the vital review into systemic racism at the CRA is being hampered by a lack of access to crucial documents.



As the letter states, the Taxpayers’ Ombudsman, François Boileau, has described being at an “impasse” due to the inability of his office to look at all of the relevant files to properly complete the review. [3]

Government sources have claimed that the access has thus far been denied on grounds of national security.

“We, the undersigned, representing Muslim-led organizations across the country, are writing to you today to express our concerns in light of the Taxpayers’ Ombudsman’s statement before the Senate Committee on Human Rights on November 21, 2022 about the review of systemic racism at the Canada Revenue Agency (CRA).

“The Ombudsman, Mr. François Boileau, made clear in his remarks that the review was at an “impasse” because his office is unable to access requisite disclosure from the CRA to be able to complete the review in a meaningful manner. This lack of access, according to the Ombudsman, is due in part to the lack of transparency in matters related to national security.” [1]

In April of this year, the MAC launched a court challenge against the CRA for its perceived Islamophobia. In seeking to halt the agency’s audit into the country’s biggest Muslim organisation, the MAC said that the CRA had come up with a number of inappropriate claims, including the classification of Eid activities as “social” events that are not “religious” in nature. [2]

A statement issued by litigator Geoff Hall of McCarthy Tétrault LLP said of the court case,

“The Audit would never have been approached in the way it has been had the organisation in question been Christian, Jewish or Hindu.

“Facts which are innocuous, and that would be regarded as such for a faith-based organisation of a religion other than Islam, have been taken as a basis for suspicion of MAC and its activities.” [2]

The court filing against the CRA audit comes after years of lobbying and campaigning by Muslim organisations in Canada, who have argued that there is an institutional level of bias against Muslim legal entities.

In the case of the MAC, the entity is particularly fearful that following the completion of the CRA audit, the charity may lose its charitable tax status, which would in turn have a serious impact on its financial position and long-term stability.

Recommendations made to PM Trudeau

The NCCM advocacy group-released letter makes three recommendations that Trudeau ought to fulfil in order to allay and address the concerns expressed by the various Muslim organisations situated across the country.

They recommend that:

  1. A review body be established alongside the Ombudsman that brings together the Canada Revenue Agency, the Department of Finance, and Public Safety for a fulsome examination of systemic Islamophobia and racism;
  1. Requisite clearances and legislative frameworks be addressed at the outset such that the review can be completed with rigour and integrity in a timely manner; and
  1. To suspend the Canada Revenue Agency’s (CRA) Review and Analysis Division (RAD) pending a real review of Canada’s Risk-Based Assessment model and its National Strategy to combat extremism and radicalization. [1]

The full list of signatories to the open letter is as follows:

  1. Al Nadwa Educational Islamic Centre
  2. Al Rashid Mosque
  3. Altaqwa Academy Foundation
  4. Anatolia Islamic Centre
  5. Bosnian Islamic Center of Hamilton
  6. British Columbia Museums Association
  7. Canadian Council of Imams
  8. Canadian Council of Indian Muslims
  9. Canadian Council of Muslim Women
  10. Canadian Muslim Civil Liberties Association
  11. Dar Alsunnah Institute
  12. Forum Musulman Canadien/Canadian Muslim Forum (FMC-CMF)
  13. Foundation for a Path Forward
  14. Fraser Mussala
  15. Hilm
  16. Human Concern International
  17. ICNA Canada
  18. Imam Mahdi Islamic Centre
  19. International Muslim Organization of Toronto
  20. Islamic Association of North West Calgary
  21. Islamic Centre of Southwest Ontario
  22. Islamic Community Center
  23. Islamic Relief Canada
  24. Islamic Shia Ithna-Asheri Association of Edmonton (ISIA)
  25. Islamic Society of Ajax
  26. Islamic Society of Kingston
  27. Islamic Society of Markham
  28. Islamic Society of Toronto
  29. Jaffari Community Centre
  30. Jerrahi Sufi Order of Canada
  31. Justice for All Canada
  32. Kanata Muslim Association
  33. London Muslim Mosque
  34. MAC Vancouver Center
  35. Manitoba Islamic Association
  36. MarkazulIslam
  37. Mashed Al Rayyan
  38. Masjid Al-Salam
  39. Masjid AlHakim
  40. Masjid Darul Iman
  41. Masjid Rahmatul-lil-Aalameen ﷺ
  42. McMaster Ahlulbayt Islamic Society
  43. Muslim Advisory Council of Canada Muslim Association of Canada
  44. Muslim Association of Canada
  45. Muslim Associations of Newfoundland and Labrador
  46. Muslim Neighbour Nexus
  47. Muslims of Alliston
  48. Muslims of Dufferin
  49. Muslims of Shelburne Centre
  50. National Council of Canadian Muslims
  51. Nisa Homes
  52. North American Muslim Foundation
  53. North London Islamic Centre
  54. Olive Tree Foundation
  55. Queen’s University Muslim Student Association
  56. Relieve Humanity International
  57. Rohingya Centre of Canada
  58. Sabeel Muslim Youth and Community Center
  59. SALAM Project
  60. Scarborough Muslim Association
  61. Sheridan Muslim Students Association
  62. Simon Fraser University Thaqalayn Muslim Association
  63. Tamilnadu Multicultural Association of Canada (TMAC)
  64. Tawheed Community Centre
  65. Thaqalayn Muslim Association OTU
  66. Thaqalayn Muslim Association York University
  67. The Canadian-Muslim Vote
  68. The Ottawa Muslim Women’s Organization
  69. Think for Actions
  70. TMA McGill
  71. University of Calgary Muslim Students Association
  72. University of Ottawa Muslim Students Association
  73. University of Windsor’s Muslim Students Association
  74. UTM Thaqalayn Muslim Association
  75. UTSC Muslim Students’ Association
  76. Western University’s Thaqalayn Muslim Association
  77. York Region Muslims
  78. York University Muslim Students’ Association

Source: Islam21c

Notes

[1] https://www.nccm.ca/openletter-cra/

[2] https://www.trtworld.com/americas/muslim-association-of-canada-accuses-canada-tax-agency-of-islamophobia-56331

[3] https://www.theglobeandmail.com/politics/article-taxpayer-ombudsperson-goes-public-over-impasse-with-cra-over-muslim/

CHARITY LAW ISLAMOPHOBIA
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Shaheer Choudhury

As Head of Editorial at Islam21c, Shaheer is a regular contributor who has an unwavering passion and commitment for staying on the pulse in regards to global geopolitical and general current affairs, whilst paying close attention to the changing world conditions of Muslim populations. Prior to joining Islam21c, he developed a number of years’ experience in the health and social care sector, and previously worked as a caseworker at HHUGS. He has also volunteered at the Muslim Youth Helpline. Shaheer holds a bachelor’s degree in business management.

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