PRESS RELEASE: ATTORNEY GENERAL ADMITS TO MANIPULATION OF CONSTITUTION ON #HST
Dec 21, 2009 Press Release
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LIBERAL “END RUN” AROUND CONSTITUTION A FRAUD
Attorney General Admits to Manipulation of Constitution on HST
Delta BC – Fight HST Leader, Bill Vander Zalm, says one of his group’s supporters has received a “sneaky” reply from Liberal MLA John Rustad of Nechako Lakes, outlining how the Liberals are manipulating the Constitution in order to create the HST in BC.
Jack Kortmeyer, a businessman from Burns Lake, wrote to Rustad asking for an explanation on how the Provincial Government could create an HST in BC when the Constitution stipulates that “the Raising of a Revenue for Provincial Purposes” can only be done by the Legislature of BC.
Rustad forwarded a deceitful explanation from the Ministry of Finance that was first vetted by the BC Attorney General, stating that the HST is a federal tax only, and that, “Under harmonization, British Columbia is not delegating its legislative authority for direct taxation to the federal government but agreeing not to exercise that authority in exchange for a share of the federal tax.”
Vander Zalm explained, “That is like the Feds agreeing to let BC legalize capital punishment by saying they are not delegating their legislative authority for criminal law to the Provincial Government, but agreeing not to exercise that authority in exchange for a share of the revenues saved from executing criminals instead of jailing them.”
“If you can simply subvert the intended meaning of the Constitution with legal gobbledy gook and fraudulent “side agreements”, then it isn’t worth the paper it is written on,” said Vander Zalm.
Vander Zalm says the repercussions of the HST are even worse than he feared. “Not only will British Columbians be asked to foot the bill, they will be losing total control of their own provincial taxation authority to the federal government. The entire HST will be determined, set and collected by a dictatorial federal government, turning BC into nothing more than a giant municipality begging for transfers.”
“We know how difficult it is to influence our own Provincial Government when it comes to lowering or getting rid of taxes. Imagine having to convince a bunch of sneaky, deceitful Liberals in Ontario or a gang of opportunistic separatists in Quebec?”
Vander Zalm says already tourism groups, restaurateurs and construction people are being told the Province cannot grant any more exemptions on HST because of federal limits imposed in the Comprehensive Integrated Tax Coordination Agreement (CITCA) BC signed to create the HST.
“Bernie Madoff tried to pull the wool over the eyes of thousands of investors. These manipulators who claim to be our governors are trying to pull the wool over an entire country,” Vander Zalm charged.
“We are looking at ways to challenge the Constitutionality of this scurrilous process in court. It seems democracy and the Constitution have not only been subverted, but are effectively being destroyed with the creation of the HST. It is unbelievable!” Vander Zalm concluded.
The full text of MLA Rustad and Kortmeyer’s’s email exchange is below:
From: Rustad.MLA, John
Subject: RE: Harmonized Sales Tax
To: “jack kortmeyer” <**********@yahoo.ca>
Received: Tuesday, December 15, 2009, 2:08 PM
Hi Jack,
This is the response from the Attorney General’s office:
This is from the Ministry of Finance:
The concerns which have been raised that the harmonized sales tax is an unconstitutional delegation of provincial legislative authority reflect a fundamental misunderstanding of the tax.
The harmonized sales tax is a federal tax. It is imposed by the federal government under the Excise Tax Act. The constitutional authority for the Excise Tax Act is found in section 91(3) of the Constitution Act, 1867 which provides exclusive legislative authority to the Parliament of Canada for “the raising of money by any mode or system of taxation.”
Under section 92 of the Constitution Act, 1967, the province of British Columbia has exclusive legislative authority for “direct taxation within the province in order to the raising of a revenue for provincial purposes.” This is the constitutional authority for the provincial sales tax imposed under the Social Service Tax Act.
Under harmonization, British Columbia is not delegating its legislative authority for direct taxation to the federal government but agreeing not to exercise that authority in exchange for a share of the federal tax. If British Columbia no longer receives that share of the federal tax there is nothing to prevent British Columbia from again exercising its legislative authority and imposing a provincial sales tax.
Sincerely,
John Rustad, MLA, Nechako-Lakes
________________________________________
From: jack kortmeyer [mailto:***********@yahoo.ca]
Sent: Tuesday, December 08, 2009 12:02 PM
To: Rustad.MLA, John
Subject: Harmonized Sales Tax
John
On Oct 14 2009 I attended a meeting with local merchants and yourself at the Chamber of Commerce meeting room in Burns Lake . During this meeting I made a brief presentation on my position as to why I felt the Harmonized Sales Tax in its present form is unconstitutional. With my presentation I also provided you with excerpts from the Lord Nelson Hotel Supreme Court Case, the Statute of Westminster 1931, the British North America Act 1867-1982 and even a comment on taxation by W.A.C. Bennett. You mentioned to me at this meeting that you did not know much about this Constitutional topic, however you assured me you would pass my information onto the Attorney General for his opinion, I have not to date received a reply. When may I expect an answer from the Attorney General on this very important Constitutional question?
As a Citizen of Canada and British Columbia I ask you our Member of the Legislative Assembly, the Attorney General and the Premier of British Columbia as elected officials to be absolutely certain my Constitutional Rights are protected on this subject of taxation.
Regards,
Jack Kortmeyer
Decker Lake
-30 -
For Further Information:
Bill Vander Zalm Chris Delaney
Leader, Fight HST Lead Organizer
Ph: (604) 946-1774 Fight HST
Ph: (604) 942-6265
Cel: (604) 880-4956
Tags: bc attorney general, British Columbia, burns lake, businessman, capital punishment, criminal law, federal tax, feds, harmonization, HST, legislative authority, Liberals, ministry of finance, mla, municipality, nechako lakes, provincial government, repercussions, side agreements
December 21st, 2009 at 12:42 pm
How can they claim this is a federal issue when the tax will be collected and used in BC? I see this as an attempt to break the Canadian Constitution, and that is an act of treason.
December 26th, 2009 at 1:34 pm
The Canadian Constitution, is long gone. Corruption and greed, rules our country. Our governing officials, has shamed the, Canadian people, to the point that. We are no longer proud to be Canadians. I, can see Campbell, booting up the 12% HST, to what ever amount he chooses. There is no honor left in this entire country. Harper, is corrupt and a snake in the grass, that is why he supports, the other snake in the grass, who, is Campbell. In my many years, I have never seen Canada so deep in the muck of corruption. Decent Canadian citizens, have never been so ashamed of our Governing officials, as we are to-day. There is treason done every day in this country, and that is overlooked. There, is no difference between, Canada and Nazi Germany. What a disgrace.
December 31st, 2009 at 1:19 pm
If this truly is unconstitutional then we have legal recourse. We can take them to court and strike the law down with less effort then going through the whole trouble of a referendum. Thats good news.
January 10th, 2010 at 12:17 am
I know so far that the plan is to force a referendum followed by a recall of all Liberal MLAs. I can see both of these actions as being a very strong possibility. Why stop there. If it is at all possible why not make this a national thing. spread the word across the country and go for a recall of all the Conservative MPs in Ottawa. Let’s take back our province and country from the fascist regimes that now control them.
January 16th, 2010 at 2:43 pm
“Paul Martin” above, refers to “fascist regimes” that control our province and country. It would be of interest to hear about his vision of the “ideal” government … (provincial and/or federal levels).
January 18th, 2010 at 3:24 am
In reference to comparing our countries elected officials, keep in mind they were elected by ALL of us, to that of nazi germany is an attack on anyone’s nationalistic pride and unwelcome.
However, I can see the emotion that HST would bring forward from people; however let’s refrain from such language. Leaving it as “dictatorial” is more than accurate, and quite possibly moreso than anything else. They have circumvented the constitution which, by the very nature of the constitution, is treasonous.
I see no possible positive coming from ‘inadvertent delegation of legislation’ to the federal government, particularly one so opposed to the traditional ideals that encompass British Columbia. IE: BC’s stance on pollution control and impacting the environment, in juxtaposition to our federal government’s lack thereof. Therefore, why would we trust the Federal government to be able allocate the appropriate funds needed from a ‘merged’ tax to allow us to further BC’s goals as a province.
The only two outcomes are, a crippling effect on BC’s economy… particularly the tourism sector which is a huge portion of it. Secondly, a stranglehold on the province to help keep the federal government out of debt.
I just wanted to clarify a bit of language there and make sure that we don’t commit the same ’slips’ that the government does with their own ‘legal gobbledy-gook’
Plus, comparing Canada to Nazi Germany? That’s just wrong.
January 18th, 2010 at 6:16 am
Well, it’s kind of interesting that you feel that the officials were elected by all. The truth is that not as many people voted for the current regime as voted against the alternatives.
We live in a country run by people that got their job because the public hated their opponents more than they hated them.
That can not under any circumstance be considered true democracy.
January 23rd, 2010 at 12:20 am
That is a very valid point, and having a minority government in office does make it harder to argue the point I am about to make, which most people will not like. However, whether we like it or not; legally, those in power were put in power via the elections.
No two alternate parties formed a coalition, as is their democratic right to do so. Thus, they wound up forgoing their right due to their petty squabbling. Therefore, not only is it a real government, as well as a legal government; it is also VERY democratic.
In Italy there are so many political parties it is impossible to ever have a majority government without having a coalition. Are they, too, then not a truly democratic nation?
February 4th, 2010 at 5:55 pm
More sh*t from the A**hole in
Victoria.
This is one of the worst corrupt sleazy slimy governments ever to infest the halls of parliament in B.C. And that is quite an achievement in light of some of the So-Cred scum of the past. In fact they are the same, conservative fools lead by business criminals under the laughable label of “liberal” not surprising since they are totally devoid of any true principals. Their only motivation is greed.
Gordon Campbell has done nothing other than attack the poor to frighten the already beleaguered and disappearing middle class. So that the greed obsessed, parasitic Machiavellian corporate sector and the wealthy can have an easier ride.
The poor rich, they are so hard done by and such admirable kind and community spirited people surely they need more help they are so persecuted.
Gordon Campbell and his corporate owners always decry socialism for ordinary people but work night and day by hook or by crook the extract socialism for themselves. And what does B.C. and it’s citizens get for the coddling of the wealthy and corporate interests? The shaft harder, deeper, and colder.
And this is just the latest addition.
They claim poverty when it comes to funding hospitals, healthcare, legal aid, support for autistic children, to name just a few and then spend like drunken sailors for the olympics.
Obviously they are lying through their teeth and are in office for one thing only and that is to rob from the poor to give to the rich. The HST is only the latest tool to do just that.
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