PRESS RELEASE: VANDER ZALM ASKS SENATE TO CHECK CONSTITUTIONALITY OF #HST BILL

Dec 16, 2009 Press Release
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December 14, 2009

VANDER ZALM ASKS SENATE TO CHECK CONSTITUTIONALITY OF HST BILL

Delta BC – Former BC Premier, Bill Vander Zalm, is asking the Canadian Senate to “take a sober second look” at Bill C-62 passed by Parliament on December 9th enabling the harmonization of BC’s sales taxes with the federal GST to create an HST in BC.

Vander Zalm, who is leader of an ad hoc group in BC called Fight HST, says he believes the federal Bill, which will amend the Excise Tax Act to enable the federal government to collect an HST in BC, contravenes Section 91 of the Canadian Constitution Act 1867 which prohibits the federal government from legislating in areas reserved exclusively for the provinces.

Vander Zalm says that harmonization of BC’s sales tax with the federal GST is off limits for both the federal government and the provincial governments without a Constitutional amendment.

“Section 91 of the Constitution Act 1867 clearly limits the federal government from intruding into the exclusive areas of provincial taxation. Section 92 restricts the provincial governments from giving up that power as well. We would like the Senate, as the ‘chamber of sober second thought’, to examine Bill C-62 carefully to ensure that it adheres to the clear limits set out in the Constitution,” said Vander Zalm.

Section 91 of the Constitution Act 1867 enumerates the powers of the federal government. It reads:

91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,- 3. The raising of Money by any Mode or System of Taxation.

Section 92 stipulates the powers of the provinces. It reads:

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.

Vander Zalm says the Senate has a major role to play in the issue of the HST.

“The Senate has traditionally acted as a ‘check’ on Parliament to ensure that Bills being proposed are done so correctly and lawfully. While they don’t hold elected power, they do have Constitutional authority to review legislation, propose amendments, and/or render a judgment. We are asking them in the interests of the majority of British Columbians to tell us whether the federal HST legislation is Constitutional.”

Vander Zalm says the HST is a non-partisan issue that has united British Columbians of all backgrounds and political persuasions.

“Polls have consistently shown over 85% of British Columbians oppose the HST. I suspect if it were clearly determined that the HST was illegal, that number would rise to 100% against.”

Vander Zalm points out that the Senate is also designed as a “regional check” on the powers of Parliament. He says that since MP’s from Quebec and Ontario voted to saddle BC with a tax that has nothing to do with them, it is critical that the Senate act to protect the regional interests of British Columbians, especially if the Bill is determined to be outside the authority of Parliament in the first place.

“We urge every Senator in Canada to carefully review the HST legislation put to them by Parliament. We have requested that the Speaker of the Senate, the Honourable Noel Kinsella, delay the Senate vote on the HST Bill until he is able to provide British Columbians with a determination on whether that Bill is Constitutionally valid or not,” said Vander Zalm

“We have sent letters to the Leader of the Government in the Senate, Marjory LeBreton, and the Leader of the Opposition in the Senate, Jim Cowan, asking them to put the question of the HST’s Constitutionality to their caucuses. We are asking them to reply and let us know if they are willing to undertake this review.”

Vander Zalm says that outside of an expensive court challenge, the Canadian Senate is British Columbia’s last chance to determine if the HST is a legitimate tax before Gordon Campbell tries to ram it through.

“Never before in the history of our country have the Senators been as needed. We sincerely hope they will look into this critical matter of Constitutionality on behalf of British Columbians and all Canadians,” concluded Vander Zalm.

Tags: advice and consent, bc premier, bill vander zalm, canadian constitution act, canadian senate, constitution act 1867, excise tax act, federal gst, foregoing terms, government of canada, legislative authority, parliament of canada, provincial governments, section 91, sober second thought, taxation section