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

OPEN LETTER TO HER EXCELLENCY THE RIGHT HONOURABLE MICHAELLE JEAN, GOVERNOR GENERAL OF CANADA

Dec 3, 2009 Letters

OPEN LETTER TO HER EXCELLENCY THE RIGHT HONOURABLE MICHAELLE JEAN, GOVERNOR GENERAL OF CANADA,
IN RIGHT OF HER MAJESTY QUEEN ELIZABETH II, SOVEREIGN OF CANADA

FROM: William Vander Zalm, former Premier of British Columbia

RE: Constitutionality of Federal Government proposal to create a harmonized sales tax in BC.

December 3, 2009

Your Excellency,

I write to you regarding an issue of great urgency and concern to myself and the millions of other British Columbians for whom I speak.

The issue is with respect to the British Columbia Government’s plan to accede its exclusive legal authority regarding direct taxation within the Province of British Columbia to the raising of revenue for provincial purposes, to the Federal Government.

Specifically, I refer to their plan to combine the Provincial Sales Tax (PST) with the federal Goods and Services Tax (GST) to create a “harmonized sales tax” (HST) to be levied, set and collected by the Federal Government on behalf of British Columbia.

Section 91 and 92 of The Constitution Act of 1867 clearly enumerates the powers of both the federal and the provincial governments in Canada. Section 92, paragraph 2 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.

We understand this to mean that only the Province of BC is empowered by the Constitution of Canada to levy, set and collect direct sales taxes within the Province, exclusive of the Federal Government.

This exclusive right is held in trust by the Government of British Columbia on behalf of the people of British Columbia, and cannot be assigned, delegated or relinquished without a Constitutional amendment.

The HST, as proposed by the BC and Federal Governments, unilaterally transfers BC’s exclusive lawmaking authority for direct taxation within the Province of BC for provincial purposes, to the Federal Government via a Federal Act, subverting the Constitution and the authority of the BC Legislature.

The Government of BC has stated that the HST Agreement signed by the Finance Ministers of BC and Canada will not be ratified by the BC Legislature. Since the Finance Minister of BC does not have the authority to pass legislation in BC unilaterally, the Agreement can have no force and effect in BC law.

Only a Provincial Act can change, remove or transfer BC’s power governing the collection of direct taxation in BC for provincial purposes, and only with a Constitutional amendment.

We believe the HST Agreement and the resulting Federal Government legislation directly contravenes Section 92, paragraph 2 of the Constitution Act 1867, and is therefore unconstitutional and illegal.

We believe it is a clear violation of the Constitutional limits, obligations and duties of the Provincial Government toward its citizens, and must not be allowed to proceed.
We therefore ask that you withhold Royal Ascent for this Bill when it comes to your desk for signature.

We ask that you, on behalf of the citizens of BC and Canada, refer these very serious concerns to her Majesty, Queen Elizabeth II, for her legal and Constitutional determination, and for the protection of her subjects in BC from this apparent usurpation of their Constitutional rights.

We ask that you do all in your power to prevent the Governments of BC and Canada from proceeding to enact the HST until such time as these issues can be satisfactorily resolved, to ensure both Governments are forced to comply with their Constitutional obligations and limitations.

As Governor General, you have sworn to uphold and defend the Constitution of Canada on behalf of the citizens of Canada and British Columbia. The profound implications and urgent nature of this situation require that you act now to protect the people of BC from this egregious planned violation of their rights and entitlement according to our Constitution.

We thank you for considering our request and await your reply forthwith, as time is of the essence if this potential violation of the Constitution is to be prevented.

Sincerely,

William Vander Zalm
Former Premier of British Columbia

cc:
Honourable Stephen L. Point, Lieutenant Governor of British Columbia
Right Honourable Stephen Harper, Prime Minister of Canada
Honourable James Flaherty, Finance Minister of Canada
Honourable Gordon Campbell, Premier of British Columbia
Honourable Colin Hansen, Finance Minister of British Columbia
Honourable Carole James, Leader of the Official Opposition of BC
Honourable Michael Ignatieff, Leader of the Opposition, Canada
Honourable Jack Layton, Leader of the NDP
Honourable Gilles Duceppe, Leader of the Bloc Quebecois

Her Majesty Queen Elizabeth II
Buckingham Palace
London, England SW1A 1AA

Tags: british columbia government, british columbia section, british columbians, canada section, constitution act, constitution of canada, federal governments, government of british columbia, government proposal, governor general of canada, harmonized sales tax, lawmaking authority, majesty queen elizabeth, premier of british columbia, province of bc, province of british columbia, provincial governments, provincial sales tax, queen elizabeth ii, right honourable