PRESS RELEASE: Vander Zalm launches legal challenge to HST in BC
Jul 5, 2010 Press Release
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: ATTORNEY GENERAL ADMITS TO MANIPULATION OF CONSTITUTION ON #HST
Dec 21, 2009 Press Release
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
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
