OTHER LEGAL ISSUES

All volunteers and organizations using volunteers must obey all Canadian laws. This section takes a brief look at some legal issues that organizations should be aware of.

 

I. PRINT MATTERS: MATERIALS, REPORTS, AND NEWSLETTERS

Volunteers and voluntary organizations often develop printed documents in the course of their work. These may include reports or newsletters, or a website on the Internet. Volunteers may also provide printed materials as resources for activities. Although legal concerns about printed or published materials are rare, it is important to note three possible legal considerations:

  • copyright,
  • libel and slander.

A. Copyright

Volunteers and voluntary organizations should not reproduce materials of any kind without the permission of an author or publisher. Copyright extends to all published materials, from news articles to photographs and illustrations, to material published on a website. It is common for individuals or organizations to allow nonprofit organizations to use such materials free of charge, but permission should first be obtained.

B. Libel and Slander

Libel and slander are untrue defamatory statements that lower a person in the esteem of right-thinking members of society. If the statement is made in a permanent form, such as being printed in a newspaper or letter, or aired on TV or radio, it is libel. Slander generally refers to defamatory statements that are spoken. A person does not have to prove they suffered a financial loss to receive compensation for libel or slander. Volunteers putting out printed materials for an organization must check their facts carefully, especially if the materials include negative comments about individuals. While it is very rare for libel cases to result in the payment of damages, publications do occasionally receive complaints. These matters can often be resolved with the printing of a correction or retraction. Defense of “fair comment on matters of public interest” may be available against a defamation action. In this situation, the relevant consideration is whether the opinion “might be reasonably regarded as an opinion that a fair-minded person could have under the circumstances.”[1]

However, the fair comment must be based on facts which are sufficiently clear or well-known to be able to support the comment.  In addition, the comment itself may not be presented as a fact[2].  To be on the safe side, volunteer organizations should, if at all possible, avoid publishing negative comments about any person or organization.

II. LARGE EVENTS AND FUNDRAISERS

When an organization begins to organize large events such as a carnival or a marathon, a fundraiser or a protest, there are many legal issues that the Board of Directors and administrative staff need to consider in addition to the duties discussed in Chapters 3 to 5.

A. Federal and Provincial Statues

Organizations must check the provincial and federal statutes that set out rules for fundraising. It is likely in the job description of professional staff to know the laws about fundraising, but volunteer Board members need to assure themselves that all laws regarding fundraising are fulfilled.

Similarly, if XYZ Society is planning a festival where alcohol or food will be served, organizers will need a liquor license and training for those who prepare and serve beverages, or prepare and serve food.  Provincial liquor laws will certainly apply.

B. Municipal Bylaws

For large events, organizers should check city bylaws. For example, organizers who fail to obtain a permit for a demonstration in the City of Edmonton may be held liable for the costs of policing the event. Other bylaws that might apply would include noise or parking restrictions.

[1] Angle v. LaPierre, [2006] A.J. No. 304 (AB Court of Queen’s Bench).

[2] Ibid.