HST Extinguishment Act for the Citizen’s Initiative against the #HST in BC
Dec 10, 2009 Details
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Title:
HST Extinguishment Act
Preamble:
Whereas a Harmonized Sales Tax (HST) combining the Provincial Sales Tax (PST) with the federal Goods and Services Tax (GST) as contemplated by the Governments of British Columbia and Canada contravenes Section 92, Article 2, of the Constitution Act 1867, which states:
92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.
And whereas the people of British Columbia, as expressed in the Citizen Initiative Petition against the Harmonized Sales Tax (HST) in British Columbia, wish to extinguish the tax, therefore;
Part I
(1) The Agreement titled “The Comprehensive Integrated Tax Coordination Agreement” between The Government of British Columbia and The Government of Canada establishing an HST in British Columbia is hereby extinguished and of no force or effect whatsoever.
(2) For greater clarity, the HST is hereby extinguished in British Columbia.
Part II
(1) A Provincial Sales Tax (PST) of 7% with the same applications and exemptions as at June 30th 2010 shall be reinstated as the only sales tax in British Columbia for the raising of a Revenue for Provincial Purposes.
Part III
(1) This Act shall be effective retroactively as of June 30th 2010.
(2) Any HST revenues owing to or received by the Provincial Government between the retroactive effective date of this Act and the actual date of Royal Assent, which are over and above the original PST amount as it would previously have been applied, shall be reimbursed to all British Columbians on a per capita basis.
Tags: article 2 of the constitution, citizen initiative, constitution act 1867, contravenes, goods and services tax, government of british columbia, government of canada, governments, harmonized sales tax, initiative petition, legislation, preamble, provincial sales tax, sales tax, taxation





Nice web site.
Nice to see people using the Constitution to kick ass. That’s the way to do it, people!
May I remind you of s. 52(1) of the Constitution Act, 1982, which renders VOID any and all unconstitutional action.
VOID action is retroactively void in Canadian law, although it is presumed valid until declared void by a competent court.
Get the biographies of your local Section 96 judges, make sure none of them is a globalist, or worked for NAFTA, or supported the 1980 and 1995 Quebec referendums (all frauds).
Also check out your Chief Justice, and be sure you don’t pick a judge under the wrong thumb.
Bring your case to a section 96 judge you are fairly sure you won’t have grounds to recuse, and do this YOURSELVES. Go in and JUDICIALLY NULLIFY the agreement.
For a more complete meaning of s. 52, you have to use both the English and French versions of the Constitution Act, 1982, they are both authoritative and can be combined for BROADER reach. For example, the English s. 52 says “law” that is inconsistent with the Constitution is VOID, but the French version says any “regle de droit” inconsistent with the Constitution is VOID. “Règle de droit” is different from “law” — it is a broader term that encompasses both legislated LAWS and OTHER MEASURES and ACTIONS of government.
You should also consider a jurisdictional attack, and ask yourselves the question, “Is this government?” Are they validly in office? Are they under valid oaths or void oaths? The fact is, election makes the Member, but a valid oath is required to exercise the post, i.e., to sit and vote and govern.
Then there is the issue of whether the elections were valid, so you can ask yourself whether the particular vote was “enlightened” at the time it was made.
In any event, use s. 52 and kick it out yourselves. You can do it. Get some help from 2nd and 3rd-year law students from your local universities, they usually have student law clinics where you can go for some free advice. And just make sure you know who their professors are, and that the professors aren’t kissing federal and provincial you know what.
Check this page out, scroll down to the bottom, to s. 52, there’s a little bit of information on s. 52:
http://www.canlii.org/en/ca/charter_digest/index.html
And that’s a nice resource as well re general so-called Charter ‘rights’. I personally don’t ascribe to the Charter, as according to my research [1] Trudeau had no power to add it to the Constitution, nor to ask the UK to add it; and [2] UK had no Constitutional power to add it where the request to add it had no Constitutional basis, either. But that’s another fight. You might like to use it in the meantime (until it’s invalidted).
Regards,
Kathleen Moore
HABEAS CORPUS CANADA
The Official Legal Challenge
To North American Union
http://habeascorpuscanada.50webs.com
My videos: http://hccvideocatalog.blogspot.com
Blog: http://habeascorpuscanadacomments.blogspot.com
Have a great day in Beautiful B.C.!
It doesnt matter how many websites we create or how many facebook groups we subscribe, we need a BIG RALLY, like in the US and rest of the world, lets get together different forces and even different parties, all together against this criminal tax, not different small rallies accross the province, we need a big, big rally, the mother of all the rallies, in downtown vancouver, only one day, thousands of people marching, a day that will always be remembered as the rally that stopped not only the city, but the HST…
My god people, read the information on this tax, don’t just subscribe to every oppositional politic trying to get some recognition. HST is a logical and positive step in improving an economy during recession. How can the NDP claim to be against this when they are the ones who want more taxes and spending!
Actually, most of us have studied the act and are horrified that the Federal and Provincial Governments may get away with such underhanded maneuvers.
If this was such a great and needed tax, they should have brought it to the people instead of sticking it to the people. Obviously they have pulled the wool over some peoples eyes but those of us paying attention are here to say NO!
I, think what people don’t understand, is, Canada’s Constitution,has been made null and void, by Harper. Canadians Civil Rights, have been stripped away from citizens. Democracy and Freedom, is no more, in Canada. Our voices were ignored when we protested the HST. There were, bribes paid by Harper, to force the HST, onto, citizens, with no jobs, who are also losing their homes. Low income families and seniors will, bear the brunt of the HST, and will be forced to become homeless. Any one thinking, we are just listening to, the opposed party’s, think again. I am a senior, living on my own, and it is a reality, that the HST, will cause, low income families and seniors, to be homeless. Where in the hell, do we get the money to pay? the HST, burden will be shifted on to the backs of the very people who don’t have a hope of paying that tax. Some seniors have $1,000 to live on for a month, that won’t even cover Campbells booze bill. Single mothers getting $8.00 an hour, have to depend on the food banks, which are in low supply. Don’t you even think, we are “just, trying to get recognition”. Some of us have, had to sell our cars, some are selling contents of their houses, to pay for hydro and heat, which can run, to over $400 a month, just take that off a pension check, or a single mom, supporting her kids, on $8.00 an hour. What is needed, is for our government, to stop their own corruption, and every government agency and service. That is what rules Canada, corruption and greed.
We agree with this statment.
not much info provide to us where we can sign it in our local election area..i hope you can post all the address for all ppl in there local area to sign it; we will have more singatures that way
It’s hard enough to make it in these times, but adding an extra 7% to things like groceries, everyday things people need, is going to make it harder. Getting less while paying more may help the economy but only if people can afford it. When you’re already living paycheck to paycheck and barely paying the bills, or you’re going hungry so your kids can eat properly, raising taxes on everything just contributes to the problem.
Come on BCer’s. Get off your butt and somehow, sign this petition. There may be a meeting in your area (I see one advertised in my local paper today) at which you can sign the petition, or a canvasser may come to your door. Please sign the petition and let’s not let this current gov’t steal more money out of our pockets that many people just don’t have. How can this help business when BCer’s will be left with a lot less money to support BC businesses with??? There is NO WAY that I believe it will allow manufacturers to reduce their prices. I believe very few will do this, and many will just keep more profit. PLEASE make an effort to sign this petition!!!!
We sure need a very very big rally in Downtown Vancouver. We need to stop whole Downtown City for at least one day. I think this will help us all to get rid of this HST.
WHEN FAMILIES ARE WEAK THE GOVERNMENT IS STRONG!
THIS IS WHAT HAPPENS WHEN ONE PROMOTES INDIVIDUALISTIC SOCIETY. I, ME AND MYSELF AND THE REST BE DAMNED.
WE HAVE LET OUSELVES BE PLAYED BY THE POLITICAINS IN GOVERNMENT WHO HAVE DESTROYED THE POWER OF THE HEAD OF THE FAMILY. TODAY WE FOOLISHLY LOOK TOWARDS GOVENING BODIES FOR PROTECTION AND THEY USE US AS DOMINO CHIPS.
TIME TO COLLECTIVELY FIGHT THIS GOVERNMENT.
TIME TO DESTROY THIS GOVENMENT AND ALL LIKE MINDED INDIVIDUALS.
IF I WANTED A DICTATORIAL REGIME I COULD HAVE CONTINUED MY LIFE IN ONE.
In response to the comment posted above on April 6th by “Shandra”, where you referred to 7% being added to “things like groceries” … this indicates that you do NOT have reliable information … the HST means that we would pay 12% tax, (5% + 7%), on the goods and services that we NOW pay 5% federal GST on …
You do NOT pay GST on FOOD (groceries) now and therefore, you will NOT pay ANY tax on food with new tax reform …. The easiest thing to do is check the receipt from your grocery store. If there is tax on some items that you buy at the grocery store now, check to see which items have been taxed. You should find that FOOD items have not been taxed at all. However, JUNK food is probably treated differently.
Keep in mind that Britain is now contemplating taxing all groceries. Their VAT is exactly the same as the HST, since VAT boosted the underground economy in Britain to the point where it is larger than the Legit economy, Count on exempt items NOT being exempt for too much longer.
Win or lose, (and I feel it is going to succeed big time)this fight HST Initiative Petition is going to demonstrate to polititians of all stripes that citizens CAN EXERCISE LEGAL POWER, using existing laws. Because of its legal clout, the petition must follow Elections BC strict rules. Every person signing must have the right to vote in their riding (and know their current BC riding), be registered to vote in it as of April 6, fill out the Petition Sheet clearly & carefully (to be computer readable), and have their signature personally witnessed by a legally Registered Canvasser.
Whatever the outcome after July 5th, the citizens of BC will have learned from this experience how to run a Recall & Initiative Petition, something polititians might want to bear in mind !
Quote Joseph “My god people, read the information on this tax, don’t just subscribe to every oppositional politic trying to get some recognition. HST is a logical and positive step in improving an economy during recession. How can the NDP claim to be against this when they are the ones who want more taxes and spending!”
Sir;
Your level of condescension to the people of this province is unbelievable and it disgusts me. What makes you think that the NDP are the only ones opposed to this tax and the only one leading the fight?
I have never been a member of the NDP nor have I voted for them in my entire life. I was a Reformer, both Federal and Provincial, a member of the Canadian Alliance, and then a member of the Conservative Party of Canada. I have participated in six election campaigns, with these various parties. In short I could care less about what the NDP might do or what their motivation is, you are the ones in power trying to rob us blind with a total and complete fraud.
The HST is a logical and a positive step in improving an economy during a recession? It has been estimated that the HST would cost the average British Colombian more then $400 per year that instead of going into the economy will go into the government who will then hand it out to their corporate cronie friends.
So instead of that money being spent at a mom and pop business it will go to the bailout brothers on Howe Street, Bay Street, and Wall Street. Instead of someone using that money to improve their home, their savings, or pay for a child’s education it will likely leave B.C altogether and go into corporate bonuses.
The logical step towards stimulating the economy is to reduce taxes not expand them. If the B.C Liberals were serious about this they would reduce the rate of the provincial sales tax thereby stimulating sales.
Manufacturing is already exempt from sales tax, sales tax is only applied to goods at the retail end, that’s what tax numbers are for. As for equipment, mining equipment is exempt, every other business can claim their expenses back on their income tax.
The HST is a complete and total sellout of B.C by you Liberal bandits to Ottawa. Now the Federal government will hold all the cards, the province of B.C will loose complete control over tax revenue, and they will call the shots.
In response to Susan: actually GST is the tax that you DO pay when getting grocieries. You don’t pay PST, but with HST you will be.
The tax payers need to definitely stop the Government. We are taxed to death. Approximately 41% of your earnings go to taxes that is disgusting. At this rate you will soon be working to pay taxes and not surviving. Further more the Government totally mismanages every penny of your taxes. If we allow this to go through you might as well bend over for the next time another new tax is brought in! I am sick and tire of working and paying most of my pay cheque to taxes. Just think about how often you are paying, when and for what! When and where does it stop????
Gordon Campbell apparently consults no one but corporate CEOs in any policy consideration.His glaringly obvious disregard for the voice of Grass Roots B.C., and his blatant dismissal of middle and lower income British Columbian taxpayer/voter concerns – paint a sad portrait of a man whose iron-fisted,exclusive ideals have finally become the catalyst for his own demise.
The expansion of taxation by way of an HST by the two regimes holding power provincially and federally is atrocious. There is an agenda being fulfilled here. Clearly the machinery is moving to increase the extraction of money from the middle and lower income part of the populace for the benefit of redirecting that to the richer.
People, you need to sign this petition, but further I suggest we be prepared for the next battle — initiate recall of government MLAs in November 2010. Money and power drives most of these people, so aim for where it hurts them. Some of them would resign before the process completes due to the drain of the fight and the embarrassment of a defeat.
#1) everyone needs to sign the petition
#2) prepare for the next battle – recall of gov’t MLAs
This is a quasi-democracy folks, but lets collectively take a prolonged stand to make the message loud and clear.
HST may be good, bad, or indifferent from an economic point of view. But, if the enabling legislation is unconstitutional, then it is invalid and unenforceable. There is a fundamental tenet of law in this country. It is the “rule of law”. Neither the Parliament of Canada nor the Legislature of B.C. can validly enact legislation which violates the Constitution.
If HST is unconsitutional and yet there is a consensus that HST is good for the economy, then the only solution is to amend the Constitution. Problem is that not all Provinces would agree.
Of course, there are legal arguments to be made that HST is constitutional. But, there are also compelling arguments that it is unconstitutional. It is open to both the Federal Government and the B.C. Government to bring the matter before the Courts by means of a so-called constitutional “reference”. Such references are not uncommon. Yet they have indicated no intention to get a Court ruling. In fact, in their CITCA agreement (paragraph 65) they have effectively agreed not to do so by agreeing between themselves that HST does not violate their respective legislative powers. This smacks of an attempt to foreclose future governments from raising the constitutional issue.
Thus, it appears that both levels of government are very wary of the constitution and are attempting to do an end run around it – leaving it to some hapless citizen with very deep pockets and not bound by CITCA to raise the challenge.
Where do i vote against HST in Sorrento, B.C.
Thank you, Rob
hi,
i really hope the HST is abolished and the politicians do not find a way to throw out the petition. HST is a cruel tax, made to hurt the poor and profit the politicians. people with low incomes can barely afford to eat as is, i myself am lucky if i make $12000 a year and am responsible for both me and my common law husband we have been surviving on no-name brand noodles for months. i don’t know what i will do if HST is passed i am struggling to get by as is. i find it hard to believe that the government can justify spending millions of dollars on the Olympics and then at the same time make cut backs to the medical system, the schools system, and benefits to people on disability and income assistance. what happened to all the money the government has already collected from the taxpayers? did the politicians give themselves yet another big fat raise? another thing i find funny is that they will continuously hold meetings to discuss the homeless problem; what a waste of money why not donate the money they spend on the meetings to a homeless shelter or the salvation army. my question to the politicians is how do you sleep at night knowing that you are about to pass a tax that is only going to hurt people in poverty? do you even care about the people in this province or is the only thing you care about being rich?
From the look of the bill, it doesn’t appeared to be written by a lawyer. Provincial Sales Tax (PST) does not exist in BC. It is officially called the Social Services Tax. Campbell and the gang will pick holes to weasel out. Regardless of what and when they do it, the recall petitions should proceed in November.
Campbell will not voluntarily stop the HST. He has already promised that to the business people. If he stabs them in the back too, he will have absolutely no friends left.
I am just wondering if there is a place set up on the Sunshine Coast that I can add my name to the petition? Please let me know. I am very compassionate about this issue as well and have not seen anything in my community of the Sunshine Coast.
Regards, Michelle Goetz
As a person who is a registered canvasser for the initiative petition against the HST, I have been overwhelmed by the people in my riding who have turned out in droves and even called me to say that they wanted to sign even after our targets had been not only been reached but exceeded.
At one point I was depressed over what appeared to me to be apathy about our democratic principles by the lack of voter turnout in our provincial and federal elections. If this grass roots anger against this tax does nothing else, it will make those people who felt compelled to sign this petition understand that their signatures and votes do mean something and they need to continue to make it count at the polls.
Less than 50% of BC’s voters went to the polls in 2009 and the Liberal government was elected with 46% of those voters.
What this tells us is that firstly, we need to seriously look at electoral reform so that we can now vote for a party instead of against one, and secondly that we need to engage those people who don’t ever bother to turn out to participate in the election process.
One thing that this government should have taught us by now is that they are only concerned with taking care of “friends in high places”. The rest of us are not heard by them until election time. Send them a message, certainly by signing onto this petition, but also by turning out at the polls in municipal, provincial and federal elections to make your voice count!
Where can I sign the:
“an Initiative to End the Harmonized Sales Tax” petition in the 90 days ending July 5th 2010.”
Where can I sign the:
“an Initiative to End the Harmonized Sales Tax” petition in the 90 days ending July 5th 2010.”
This tax will be a driving force for growth in the underground economy. I see advertisements on TV and hear them on the radio that are telling us to stay away from the underground economy. These advertisments tell us that if a company is working outside of the tax regime that they are incompetent and risky. That is not nessasaraly true as many contractors are shoddy and if you have ever tried to get a refund or have work redone by a shoddy contractor of any type, all I can say is “good luck”. Here we go again, the government is trying to push it’s mandate by using fear and intimidation. Think for yourself and do not buy their bill of goods without taking a good long look for yourself.
My problem with the tax is that it takes the money out of the consumer’s hands and trusts business’ interests to re-invest it for the good of the British Columbian populace. The primary function of ANY business is to make money and typically investing that back into a labor expensive environment, like British Columbia, isn’t at the top of their priority list. It DOESN’T help the populace with the recession and in fact punishes the people just above the poverty line besides the fact that it’s completely illegal according to our constitution.