Canadian Lawyer

22 J u n e 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m with just volunteer staff. In Ontario alone there are more than 90 organizations. A transaction may well involve more than one organization, explains Howard Hamilton, a lawyer with the Nature Conser- vancy of Canada, a national land trust and the country's largest. "Some level of patience might be required," he warns lawyers who might become involved in land transactions with land pres- ervation groups. "We still have to make our case" that the property being offered is in keeping with the mandate of the land trust. While the transaction itself is a typical real estate deal, there is some preparation for both par- ties that could involve the prop- erty owner shopping around to ensure the land is matched with the right organization. Some of the larger organizations, includ- ing the Nature Conservancy, have mapped out areas or identified types of land they're targeting for preservation. If it looks like a fit, the Nature Conservancy will then do a scientific evaluation of the property before proceeding further. If it falls outside of its criteria, it might not be interested. Finding the right organization for the property could require some research. Once a possible match is identified, the organiza- tion will need time to fulfill its own obligations, resulting in a longer-than-typical closing date. Hamilton points out the Nature Conservancy raises money for every piece of property it acquires as it works through the transaction. Its goal is to raise an addi- tional 15 per cent of the value of the property to ensure all its obligations for future care are fulfilled. An important aspect for many land owners is the kinds of tax relief available. Environment Canada's 19-year-old ecological gift program provides the best tax options for property owners, says Karen Cooper, an Ottawa lawyer working with Drache LLP in char- ity and not-for-profit law. Cooper also serves as chairwoman of the Land Trust Alliance and success- fully lobbied to have the tax break stretched over 10 years, beginning this year, instead of five. The change can make a dif- ference for people donating large tracts of land, like grasslands in Alberta, or a highly sought after piece of property like a Gulf Island, that are considered particularly valuable and vulnerable. As a result, those gifting their property can see a greater benefit with a longer period in which to claim tax deductions. In addition, the gift could result in a capital gains inclusion rate rEal EstatE Canadian property owners can preserve their land through several approaches, all offering some sort of tax relief: • selling the property to a conservation organization; • donating it; • entering into a conservation agreement to preserve the land in perpetuity. From Crime to Punishment, 8th Edition reviews the foundations of the Canadian criminal law system and examines the entire criminal process from the commission of a crime to conviction and sentencing. The authors cover diverse topics ranging from the basic principles of criminal law to how judges determine the credibility of witnesses in courtroom proceedings. Written in plain language, this classic resource will help practitioners, students and law enforcement professionals develop a deeper understanding of the fundamentals of the criminal legal system. New in this edition The chapter entitled Do you have a Criminal Record? – The Effect of Discharges and Record Suspensions clarifies the law in light of the controversy and confusion surrounding discharges and record suspensions. The chapter entitled Extradition explains what extradition is, why someone is extradited, and how the requesting country proceeds in having a fugitive returned to their territory. New Edition From Crime to Punishment, 8th Edition Joel E. Pink, Q.C. and David C. Perrier, Ph.D. Cultivate a deeper understanding of the Canadian criminal legal system Available risk-free for 30 days Order online: www.carswell.com Call toll-free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986087-65203 $107 Softcover approx. 740 pages April 2014 978-0-7798-6087-6 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. 00220CN-A43565 AUTHORITATIVE. INNOVATIVE. TRUSTED. 25 th Anniversary Edition

• Cover