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: HST not a done deal until British Columbian’s decide, says VanderZalm
May 2, 2010 Press Release
Terminating agreement with Ottawa will not be difficult
Delta – The leader of the Initiative petition to repeal the HST, Bill Vander Zalm, says despite the BC Government’s attempts to sell the HST as a “done deal”, nothing could be further from the truth.
“They said the HST was a done deal when they signed the agreement with Ottawa nine months ago. Then they said it was a done deal in December when Ottawa passed the federal legislation in Parliament. Now, they’re saying it is a done deal with the legislation removing the PST this past week. But what they aren’t telling people is that what can be enacted by government, can be repealed,” Vander Zalm explained.
Vander Zalm says that the BC Liberal strategy has been to spread the passage of the HST out as long as they can to try to head off Fight HST’s attempts to stop it. Vander Zalm says his group anticipated this tactic, and that is why his petition is designed to “repeal” the tax once enacted, rather than trying to prevent it up front.
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Tags: bc government, bill vander zalm, british columbians, canadian history, delta, democracy, federal legislation, harmonized sales tax, HST, initiative petition, nine months, ottawa, parliament, polls, provincial sales tax, Recall, referendum, Repeal, sales tax, saskatchewan, truth, vote
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
Response Letter from a BC Citizen to the Governor General of Canada re: #HST
Dec 5, 2009 Letters
4 December, 2009
Rt. Hon. Michaelle Jean
Governor-General of Canada
Rideau Hall
1 Sussex Drive
Ottawa, Ontario
K1A 0A1
Madam:
As a citizen of Canada, with all of the rights – and responsibilities – attached thereto, I am writing to express my consternation at the reply provided, on your behalf, to former premier of British Columbia, William Vander Zalm.
As I hope you have been made aware, although they have not been allowed the courtesy of a referendum, a resounding majority of British Columbians are opposed to imposition of a harmonized sales tax in the province - the HST.
This is not a simple opposition to any tax reaction; thousands of small businesses and poor to middle-class citizens will suffer under seven percent increase in costs of products and services not previously subjected to a provincial sales tax.
Accordingly, Mr. Vander Zalm wrote to you in the hope – and in our expectation – that you would take steps to determine whether the lock-step plans of Prime Minister Stephen Harper and Gordon Campbell, Premier of British Columbia, are legal and appropriate under the Constitution of Canada.
As I read a copy of his letter to you, Mr. Vander Zalm was not asking that you take a position on the tax per se.
Rather, you were asked to determine whether the appropriate constitutional divisions of power are being respected. If they are not, then in my opinion, and in the opinion of many others the tax would be illegal.
With respect for the position you hold, nothing in your reply indicates any concern on your part as to the serious implications underlying the Vander Zalm question.
That leads me to ask with reluctance: If you do not reside at Rideau Hall for the purpose of ensuring that the Constitution of Canada is upheld, what other justification is there to continue with a figurehead tradition?
In closing, I ask that you reconsider your off-hand response to a most serious petition, and provide Mr. Vander Zalm with an in-depth opinion on the questions he asked on behalf of many, many thousands of British Columbians.
It would also be much appreciated if you would confirm that you, personally, have seen and read both Mr. Vander Zalm’s petition and this emailed letter.
Yours truly,
Elizabeth James
North Vancouver
Tags: british columbians, class citizens, consternation, constitution of canada, gordon campbell, governor general of canada, harmonized sales tax, HST, michaelle jean governor general, ottawa ontario, premier of british columbia, prime minister stephen harper, provincial sales tax, resounding majority, rideau hall, rights and responsibilities, stephen harper, sussex drive
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
PRESS RELEASE: VANDER ZALM Invites Premier, Finance Minister to join British Columbians in calculating HST costs
Sep 22, 2009 Press Release
FOR IMMEDIATE RELEASE:
Monday, September 21, 2009
Delta – Fight HST Leader, Bill Vander Zalm, has invited Premier Gordon Campbell and Finance Minister Colin Hansen to fill out an “HST Hit List” together with other British Columbians to help them calculate the real cost of the HST to each person and family.
At anti-HSTrallies held across BC on Saturday, September 19, the Fight HST group handed out brochures that contained a list of many items previously exempted from Provincial Sales Tax (PST) that will now be subject to the new 7% levy in the HST.
Vander Zalm is asking newspapers across BC to publish the list for their readers, so they can do their own calculation. The list, prepared by a group calling themselves angryformerbcliberals.ca, contains a wide assortment of items, but still does not cover everything affected.
“The Finance Minister is going around the province saying we’ve got it wrong, that we’re exaggerating the cost of this to the average family. What people are actually finding when they do the calculation, is that it is even worse than they anticipated originally,” explained Vander Zalm.
“So to make it fair, we are asking the Premier and his Finance Minister to calculate the cost for themselves and their families. It will give them a chance to either prove their point that it is only a couple of hundred dollars to the average person, or perhaps to see that maybe they have not looked at it as closely as they should have, given that it was their idea,” said Vander Zalm.
“We think they may be as shocked as many of the taxpayers who have done this have been. Even when you factor in any tax changes or reductions in other areas, it is still a huge hit to the average British Columbian’s pocketbook,” said Vander Zalm.
Tags: assortment, average person, bill vander zalm, british columbians, brochures, delta, FightHST, finance minister, hansen, HST, levy, newspapers, pocketbook, premier gordon campbell, provincial sales tax, sales tax, tax changes, taxpayers
