Citizen’s Initiative petition to eliminate the Harmonized Sales Tax is under legal attack
Jul 11, 2010 Letters
Our Fight HST Citizen’s Initiative petition to eliminate the Harmonized Sales Tax is under legal attack by a so called “coalition” of business groups.
We all know it is really the Gordon Campbell-BC Liberals using their corporate friends to try to have our petition thrown out by the court despite 705,643 BC voters signing it.
We are not going to let them!
We have hired noted BC lawyer Joseph Arvay, Q. C. to defend our citizen Initiative petition, and to challenge the legality of the HST in BC.
Tags: bc legislature, bc liberals, business groups, cheques, citizen initiative, corporate friends, finance minister, gordon campbell, harmonized sales tax, initiative petition, labour groups, legal case, mlas, money orders, narrow group, open revolt, provincial sales tax, sales tax, self interests, undemocratic government
PRESS RELEASE: VANDER ZALM DRAFTS BILL TO ELIMINATE #HST IN BC
Dec 9, 2009 Press Release
Delta, BC – Former BC premier and Fight HST Leader, Bill Vander Zalm, has released a draft Bill to eliminate the HST in BC.
Titled the “HST Extinguishment Act”, the bill would nullify any Agreements between the Governments of BC and Canada that attempt to establish a Harmonized Sales Tax in BC. As well, Vander Zalm’s Bill would repeal any Provincial Legislation that tries to create an HST.
Vander Zalm says the Bill is required by Elections BC as part of his submission for the “Citizen Initiative Petition” he will file in January of 2010, which will require the signatures of 10% of British Columbians from every riding in BC to be successful.
“We’ve made the HST Extinguishment Act effective as of June 30, 2010. That way, if Premier Campbell tries to shove this hated tax down the throats of British Columbians on July 1 as planned, he will have to refund every citizen the extra money collected from the HST when the HST Extinguishment Act becomes law,” Vander Zalm explained.
“We have staged peaceful protest rallies to let the government know they are off-side with the people. We have written to every MLA and MP asking them to vote against this tax. We have even appealed to the Governor General to clarify for Parliament and the BC Legislature the un-Constitutionality of the HST,” said Vander Zalm, “But none of them will listen.”
“Now we’ll proceed with our Bill as part of the Citizen Initiative Petition to stop this blatant tax and power grab by the provincial and federal governments, in direct violation of the Constitution.”
Vander Zalm says his proposed Bill is only a first draft, and that he is open to suggestions or ideas from British Columbians to help improve the Bill and/or to make changes.
Vander Zalm says legislators in BC and Canada have gone from being law-makers to law-breakers with the HST. He says only the people can stop them now by putting an end to an un-lawful tax and taking back their democracy.
“It’s time British Columbians reminded the politicians that they are the servants of the people, and not their masters in BC and Canada,” Vander Zalm concluded.
Tags: bc legislature, bc premier, bill vander zalm, british columbians, citizen initiative, constitutionality, delta bc, draft bill, extra money, federal governments, first draft, harmonized sales tax, hated tax, initiative petition, law breakers, open to suggestions, peaceful protest, power grab, protest rallies, provincial legislation
PRESS RELEASE: VANDER ZALM APPEALS TO GOVERNOR GENERAL TO STOP HST FROM PROCEEDING
Dec 3, 2009 Press Release
FOR IMMEDIATE RELEASE
December 3, 2009
VANDER ZALM APPEALS TO GOVERNOR GENERAL TO STOP HST FROM PROCEEDING
Says Legislation Handing Control of Direct Taxation in BC to Federal Government is Unconstitutional
Delta, BC – Fight HST Leader and former BC Premier, Bill Vander Zalm, has issued a letter to the Governor General of Canada, the Rt. Honourable Michaelle Jean, asking her to withhold Royal Assent for the HST legislation when it comes to her desk.
Vander Zalm has appealed to the Governor General to first refer the federal HST Legislation to Queen Elizabeth II for a constitutional determination on the legality of the Federal Government unilaterally removing BC’s constitutionally “exclusive” taxation authority over BC sales taxes without a Constitutional amendment and subsequent approval by the BC Legislature.
Vander Zalm says he believes both the province and Ottawa are acting outside the scope of their powers. “Section 92 of the Constitution Act 1867 clearly stipulates that only the provincial legislatures have the jurisdiction to make laws concerning the raising of a revenue via direct taxation for provincial purposes in Canada, exclusive of the Federal Government.”
“If the Constitution spells this out, there is a reason for it. It is there to make clear what the powers of the provinces are versus the federal government. Since any government is only a temporary holder of authority under our Constitution, we believe that authority is not transferable without a Constitutional amendment followed by legislative approval by the BC Legislature.”
In the case of the HST, that power will be transferred by a unilateral Act of Parliament, and will not be debated, voted on, or ratified by the BC Legislature.
Vander Zalm says that the powers of BC are not like the exclusive ownership of a right or property of an individual. He says they are held in trust for the people of BC and for successive governments who will come after the current office holders.
Vander Zalm says that if BC’s powers are transferable without Legislative or Constitutional approval, then they are not “exclusive” as the Constitution stipulates, and it means everything is up for grabs. He says it would mean the Feds could negotiate harmonization of income taxes, resource ownership, provincial crown land and other provincial powers in an endless list.
“All it would take, according to Gordon Campbell and Stephen Harper, is a poorly worded side deal, drafted by power hungry bureaucrats, and signed by our Finance Minister, to forever remove the powers of our province.”
“It is unbelievable that Gordon Campbell and Colin Hansen think they can make law in BC without Legislative approval. Campbell has become a total dictator!” Vander Zalm charged.
“We can’t believe that is the intention of our Constitution, so we have asked the Governor General to refer the matter to the Queen, as Sovereign of Canada, for her determination.”
Vander Zalm says he and his umbrella group, Fight HST eagerly await the Governor General’s response so that British Columbians can be certain that what has been proposed is legal. If not, he says, the governments of BC and Canada will be forced to tear up the HST Agreement.
Tags: act of parliament, bc legislature, bc premier, bill vander zalm, constitution act 1867, constitutional amendment, current office, governor general of canada, HST, legislative approval, letter to the governor, michaelle jean, provincial legislatures, queen elizabeth, queen elizabeth ii, royal assent, sales taxes
