Ian Bailey July 5, 2010
Former B.C. premier Bill Vander Zalm and fellow anti-HST activists have launched a court action to kill the tax.
On the steps of the B.C. Supreme Court on Monday, Mr. Vander Zalm said the tax should be struck down because it violates “core constitutional principles,” including no taxation without representation.
In a petition filed Monday, Mr. Vander Zalm argues the specific Comprehensive Integrated Tax Coordination Agreement between Victoria and Ottawa to lead to the HST was not ratified by the B.C. legislature.
According to the petition, because the agreement did not originate in the legislature and has not been approved there, it runs contrary to the section of the constitution that requires this sequence of events.
“In every province in Canada that adopted the HST, it was their legislatures that enacted the tax, involving the whole democratic process, not simply a stroke of the finance minister’s pen – but that is exactly what happened in B.C.,” Mr. Vander Zalm said.
He said this latest move was prompted by last week’s legal action launched by a business coalition whose members include the Council of Forest Industries and BC Chamber of Commerce.
The business coalition argues Elections BC should not have allowed the anti-HST petition to move forward because it aims to force the province to extinguish the federally created HST, which it cannot do. The petition against the 12-per-cent tax – a blend of the provincial sales tax and the federal goods and services tax – has garnered more than 700,000 signatures and is now under review by Elections BC.
If Elections BC concludes the petition passes muster under the Recall and Initiative Act, the government must either hold a referendum or put the matter to a vote of the legislature.
Chris Delaney, the lead organizer for the Fight HST group central to Mr. Vander Zalm’s efforts, said the court action announced Monday is independent of the petition.
“It’s important to understand. This will challenge the legality of the tax itself in British Columbia. The petition, of course, challenges the political viability of the tax, whether the people want it or they don’t,” Mr. Delaney told reporters. “This is sort of the big showstopper. If this thing goes through, that’s the end of the tax.”
Attorney-General Mike de Jong said in an interview that he was reluctant to comment in detail on a matter that was before the courts. However, he said the question raised by Mr. Vander Zalm’s legal action is one the government considered in developing its approach to implementing the HST. “We’re confident we’re on firm legal footing,” he said Monday.
Vancouver lawyer Joe Arvay, who is handling the matter for Mr. Vander Zalm, told reporters there are strong legal grounds for the case – “I wouldn’t have taken it if I didn’t think it was a strong challenge” – and that he hopes to have it before the courts by Aug. 1.
“We consider this to be a relatively urgent matter,” he said. “We’re going to try to get into court as soon as possible, and we’ll be seeking an order of the court to strike down the order in council that authorized the minister of finance to enter into the agreement which brings the HST in British Columbia and declare that agreement a nullity and of no force and effect.”
Mr. Vander Zalm and his associates in the anti-HST movement attending the news conference said they were raising funds to pay for the legal action, but would not comment in detail on their financing.
[Globe & Mail]
- Bookmark :
- Digg
- del.icio.us
- Stumbleupon
- Redit it
Yes, I object to the HST – this Province collects enough taxes from the poor and lower middle classes. However, I more strongly object to the way it was implemented. The people were lied to during the election – we were told that there was absolutely no way the HST was being considered for BC and yet within weeks,of the Liberal party’s return to office, the HST was a done deal. The underhanded way it was implemented – “it’s a fait accompli – sorry people, did you think this was a democracy and you REALLY have a say about what we do?” At least a referendum should have been called and all the facts laid out so the people of this Province could make an informed choice.
Yes , I also object to the HST.
From my perspective, i’m struggling to pay my rent every month, if my car breaks down will i be able to pay my rent next month? will i be homeless?
I took a student loan in hopes of finding a better job to no such avail, dumped on me was a $20,000 student loan with debt collectors right up my butt there demanding there money back ASAP, if i accidentally go a few km over the speed limit Mr.police officer is so generously right there to give me a $138 dollar fine,thankfully i don’t have to pay it until my drivers license expires ,but hopefully i’ll be able to pay it when it does, in future i will try not to go a couple extra km over the limit..Seems like my grocery bill has gone up drastically and yet there never really seems to be anything in the fridge,if we keep going at this rate where will be in 10 yrs?.I usually have Just enough gas in my gas tank to scrape into the gas station just in time for next pay day barely just making it there on just fumes. Two children who I like every other parent would love to give them the world maybe take them to a trip to disneyland,but they have large dental bills and I have not dental insurance. To look at other costs health expenses .Hyrdo,gas bills Now after all this you need to take the family out for a hair cut every once in a while. Now the government dumps on everyone The HST , Why Don’t they just keep looking for new ways to put another nail in the coffin???
I think the right way about fairly implementing the HST into this province would have been presenting the idea of it to the people first then perhaps taking a vote from the people and perhaps they could have had other strategies to vote on, to just stick it to people and say the hell with them it’s there problem is not fair or democratic.
so i’m against this move with this HST.
I’m sure alot of other people feel this way too.
There seems to be no more mention of the petition or any anti-HST legal action anymore ~ What happened ? Did Gordy just say “Screw You All – I’ll do what I want and there’s nothing anyone do about it !” ???
Did all that public effort count for nothing ?
I was watching the House of Commons, on TV. I watched a motion passed by the entire House to give, banks, large corporations, oil and gas company’s, millions of our tax dollars. They also get huge tax reductions, and now the gift of the HST. Big business is a bottomless pit of greed. They only give their staff, 20 hours per week, to avoid paying their employees any benefits. Wal-mart, wouldn’t even allow their staff, to have lunch. That had to go to court, to get the money paid back, to the employees, and, they had to fight, to get lunch breaks. We are also boycotting, all the big chains. The Chamber of Commerce favors the HST. People are going to boycott, all the businesses belonging to the COC. Because, of the HST, many towns and cities, have an underground and barter system. I had canceled my bathroom reno, because of the HST. Through the underground, I found a person, who will do the job, for half the price I was first quoted. We have available, every type of trades people there is. We have chickens, for meat and eggs, we have every kind of meat. We have vegetables, and local fruit. We will even have winter greenhouses. Big chain grocers, always have something or other, contaminating their produce. Chains, have meat so tough, they must have run the critter, from Texas to Canada. $32.00, for a dammed, small roast of beef, you couldn’t even cut, let alone eat it. I gave it to the dog. Thank God, I don’t have to buy crap like that, ever again. So citizens, have a neighborhood meeting, and start your own underground, it catches on very quickly, and the food is much more safe.