PRESS RELEASE: Vander Zalm launches legal challenge to HST in BC
Jul 5, 2010 Press Release
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Vander Zalm launches legal challenge to HST in BC
VANCOUVER – In what might be described as the second of a one-two punch, former BC premier Bill Vander Zalm today filed a lawsuit challenging the constitutionality of the HST in B.C.
The Petition filed in the B.C. Supreme Court seeks an order quashing the OIC that authorized the government to enter the Agreement with the government of Canada that purports to impose the HST in B.C. and a declaration that such Agreement is a nullity and of no force and effect.
The essence of the Petition is that the provincial Cabinet has unlawfully imposed a tax on the citizens of B.C. without legislative authority.
If the lawsuit is successful the HST will not apply in British Columbia.
Tags: basic principle, bc finance, chris delaney, constitutionality, federal finance minister, finance minister jim flaherty, gordon campbell, government of canada, initiative petition, legal challenge, legislative approval, legislative authority, nullity, oic, prime minister stephen harper, provincial cabinet, provincial legislature, stephen harper, taxation without representation, zalm
PRESS RELEASE: VANDER ZALM ASKS SENATE TO CHECK CONSTITUTIONALITY OF #HST BILL
Dec 16, 2009 Press Release
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
HST Extinguishment Act for the Citizen’s Initiative against the #HST in BC
Dec 10, 2009 Details
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
