Delta, BC – Fight HST Leader and former BC Premier, Bill Vander Zalm, has issued a letter to the Governor General of Canada, the Rt. Honourable Michaelle Jean, asking her to withhold Royal Assent for the HST legislation when it comes to her desk.

Vander Zalm has appealed to the Governor General to first refer the federal HST Legislation to Queen Elizabeth II for a constitutional determination on the legality of the Federal Government unilaterally removing BC’s constitutionally “exclusive” taxation authority over BC sales taxes without a Constitutional amendment and subsequent approval by the BC Legislature.

Vander Zalm says he believes both the province and Ottawa are acting outside the scope of their powers. “Section 92 of the Constitution Act 1867 clearly stipulates that only the provincial legislatures have the jurisdiction to make laws concerning the raising of a revenue via direct taxation for provincial purposes in Canada, exclusive of the Federal Government.”

“If the Constitution spells this out, there is a reason for it. It is there to make clear what the powers of the provinces are versus the federal government. Since any government is only a temporary holder of authority under our Constitution, we believe that authority is not transferable without a Constitutional amendment followed by legislative approval by the BC Legislature.”

In the case of the HST, that power will be transferred by a unilateral Act of Parliament, and will not be debated, voted on, or ratified by the BC Legislature.

Vander Zalm says that the powers of BC are not like the exclusive ownership of a right or property of an individual. He says they are held in trust for the people of BC and for successive governments who will come after the current office holders.

Vander Zalm says that if BC’s powers are transferable without Legislative or Constitutional approval, then they are not “exclusive” as the Constitution stipulates, and it means everything is up for grabs. He says it would mean the Feds could negotiate harmonization of income taxes, resource ownership, provincial crown land and other provincial powers in an endless list.

“All it would take, according to Gordon Campbell and Stephen Harper, is a poorly worded side deal, drafted by power hungry bureaucrats, and signed by our Finance Minister, to forever remove the powers of our province.”

“It is unbelievable that Gordon Campbell and Colin Hansen think they can make law in BC without Legislative approval. Campbell has become a total dictator!” Vander Zalm charged.

“We can’t believe that is the intention of our Constitution, so we have asked the Governor General to refer the matter to the Queen, as Sovereign of Canada, for her determination.”

Vander Zalm says he and his umbrella group, Fight HST eagerly await the Governor General’s response so that British Columbians can be certain that what has been proposed is legal. If not, he says, the governments of BC and Canada will be forced to tear up the HST Agreement.