CHARITY LAW BULLETIN NO. 146
SEPTEMBER 29, 2008
Editor: Terrance S. Carter
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Barristers, Solicitors & Trade-mark Agents / Avocats et agents de marques de commerce
Affiliated with Fasken Martineau DuMoulin LLP / Affilié avec Fasken Martineau DuMoulin S.E.N.C.R.L., s.r.l.
PROCEDURAL RIGHTS AND REQUIREMENTS IN
CLUB DISCIPLINE PROCESS
By Terrance S. Carter, B.A., LL.B., and Trade-mark Agent
Assisted by Pamela Shin, B.A., LL.B., Student-at-Law
A. INTRODUCTION
On June 15, 2008, the British Columbia Court of Appeal (“BCCA”) released its decision in Struchen v.
Burrard Yacht Club1 (“Decision”). The issue before the court was whether Burrard Yacht Club’s (“Yacht
Club” or “Club”) disciplinary process provided the degree of fairness required by law. The Court ruled that
at a minimum, individuals in the context of a voluntary association who are facing discipline are entitled to the
opportunity to be heard by an unbiased decision maker. This Charity Law Bulletin explains the implications
of the Decision with regard to discipline procedures of clubs and other not-for-profit organizations, including
charities.
B. BACKGROUND: YACHT CLUB DECISION
Mr. McLachlan was a long-standing member of the Yacht Club. During his membership, the Club was
required to relocate. As part of that relocation and to protect the Club from future dislocation, the Club
incorporated Trident Foreshore (“Trident”) for the purposes of acquiring land. To supplement the Trident
lands, the Club entered into a lease with a neighbour. The terms of the lease with the neighbour caused Mr.
McLachla