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Lawyer: HST is unconstitutional

"There should be no taxation in British Columbia without representation." With that call to arms, veteran constitutional lawyer Joe Arvay outlined powerful arguments against imposition of the Harmonized Sales Tax by the BC Liberal government without a vote in the BC Legislature to do so.

Arvay is acting for Fight HST and its leader, former Premier Bill Vander Zalm, in a BC Supreme Court legal action that seeks to have the HST declared unconstitutional.

The case is being heard by Chief Justice Robert Bauman andis opposed by the provincial government and a coalition of big business groups, who have launched their own legal action to overturn the successful Fight HST citizens Initiative petition signed by 705,643 voters.

Arvay's argument is that while the BC Liberal government repealed the previous Provincial Sales Tax it never passed legislation imposing the Harmonized Sales Tax - thereby violating Section 53 of the Constitution Act.

"In every other province that has the HST there was such a law - in BC there is no such law," Arvay said. "The whole point is to require a law and then a Bill before there is a tax."

Instead, Arvay stated, the HST was imposed through an agreement between the provincial and federal governments signed on BC's part by Finance Minister Colin Hansen.

A longer version of this post is available on Bill Tieleman's blog.

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  • Toobad

    1 year ago

    Joe Arvay is Correct!

    In fact the argument was already taken to the Supreme court....The Plaintiff won against the Province of New Brunswick....

    A case where BC and Gordon Campbell butted in and acted as an intervenor(On behalf of New Brunswick)...

    It`s almost like Gordon Campbell nkew in 2007 that he was going to HST us!!!!

    Read the details here

    http://powellriverpersuader.blogspot.com/2010/08/no-taxation-without-representation.html

    Cheers

  • morechatter

    1 year ago

    Rick Jeffery is as Dull as Dirt

    Rick Jeffrey, president of the Council of Forest Industries says it's not that the business groups disagree with the people who signed the petition but that the six think those 700,000 people are dupes too dim to know what they were signing. Campbell's corporate buddies are as dull as dirt if this group honestly believes it can take on the people of BC and still come out on top?

    Is Save on Foods part of the group because I'm already not shopping there when group is treating its customers like they are fools? I wonder where the group gets it from?

    John Allan, President & CEO, Council of Forest Industries
    Pierre Gratton, President & CEO, Mining Association of BC
    Philip Hochstein, President, Independent Contractors & Businesses Assoc.
    Wayne Hoskins, President, Western Convenience Stores Association
    Rick Jeffery, President & CEO, Coast Forest Products Association
    John Winter, President & CEO, BC Chamber of Commerce

  • Fiat lux

    1 year ago

    It immediately raises

    It immediately raises suspicion when you read the names of the people who oppose the anti HST campaign, in cahoots with Campbell , on his way to a string of directorships by the grateful wealth creators.

    Wealth creators for themselves, by stealing from the public's pockets.

    Ed Deak.

  • freebear

    1 year ago

    Maybe one day it will be a 'most wanted' list, rather than a

    CEO and Directors list!

  • Terrys_Hot

    1 year ago

    If the government goes back to legislature

    If the BC Fiberals decide to recall Legislature to argue the HST then the people of British Columbia that aren't working that day or want too take it off have a campout on the BC Legislature lawns too show there support of the for the opposition fighting the HST say maybe a few hundred thousand people on the legislature lawns might show the Fiberals that the people of BC mean business. Maybe it would even be news in Ottawa too Stephen Harper that he is next

  • Skywalker

    1 year ago

    Agree with morechatter.

    I couldn't agree with you more. You have to be dumb as posts to assume that because you are part of the well-to-do that you are therefore smarter than the people forced to subsidize you by another hated tax. That the people are not gullible enough to believe another promise of "we'll reduce out costs at the front end just wait a few years." proves they are all smarter than the morons John Allan, Pierre Gratton, Philip Hochstein, Wayne Hoskins, Rick Jeffery, and John Winter.. Being rich does not make you smart. Powerful and arrogant maybe but not smart.

  • morechatter

    1 year ago

    Sound only to familiar

    Fraudulent elections or elections in the form of plebiscites or public opinion polls and radio shows are as phony as hell in the province of BC. And when the actual elections with candidates are held, the results are perverted by the powerfull elite to get fascist governments desired result. Common methods used in fascist governments include maintaining control of the election machinery, intimidating and disenfranchising opposition voters, destroying or disallowing legal votes, and, as a last resort, turning to a judiciary beholden to the power elite.

  • Toobad

    1 year ago

  • Luck

    1 year ago

    The only thing unconstitutional about canada is

    The only thing unconstitutional about canada is the way our courts and government agencies are acting against the people of canada.

    It happened in Thailand and look what happened. The people hit the streets and demanded the government resign.

    This should happen here but canada is made of of old people who do not like change.

    Unless the people get to the point they have had enough it will keep getting worse.

    Eh canada you have to make a decision fix the broken government by voting out or keep the dictatorship in place until you are flat broke.

    If you are flat broke maybe then you will see change is required.

    Not expecting people in canada to see that until flat broke happens.

    According to stats canada 99.0% of canadians hate to change in any possible way.

    That is why we have dictatorships.

  • offended

    1 year ago

    From the Provincial Government's HST website:

    "The federal government has allowed
    B.C. to establish its own HST rate, and the
    Province has set the provincial portion at
    7%, the lowest in the country."

    Notice the province set the rate, not the federal government. Oops.

  • sunshine coast girl

    1 year ago

    Want to let BC Chamber members know how you feel?

    http://honestlyshared.blogspot.com/

  • ifsandsnbutts

    1 year ago

    Getting their money's worth?

    Pro-HST Associations and their donations to the Liberal government from 2005-2009. Figures are from Political Contributions System website:

    John Allan, President & CEO, Council of Forest Industries ($25,215)...however, member companies of the Council of Forest Industries contributed in the neighbourhood of...$957,000.00 on top of the COFI contribution.

    Pierre Gratton, President & CEO, Mining Association of BC ($13,180)...again, member companies of the Mining Association of BC (and I'm sure I've missed some) contributed about $955,000.00.

    Philip Hochstein, President, Independent Contractors & Businesses Assoc. ($60,160). His association also paid for the anti-ndp ads that ran for months prior to the election.

    Wayne Hoskins, President, Western Convenience Stores Association $500.00. I'm sure Mac's and 7-Eleven would be members of this association, and between them they donated $47,320.00.

    Rick Jeffery, President & CEO, Coast Forest Products Association ($62,300, combined)..but!...members of the Coast Forest Products Association...at least those that I could find...donated in the neighbourhood of $1,148,100.00.

    John Winter, President & CEO, BC Chamber of Commerce (nada, on the face of it, at least)
    They didn't kick a lot into the coffers, but they did muster $1,080.00...I'll keep looking. The only place I've found a list of BCCoC Corporate Members is here: http://lailayuile.wordpress.com/ .... the list on the CoC website appears to have been disabled.

    Just counting these associations and their member company contributions, the value is approximately $3,164,955.00. SO! If they can dig that deep...buying politicians...one would think they should be able to ante up their share of taxes. Especially for the goodies they're pulling out of the province.

  • Grania

    1 year ago

    Luck's comment about "old people"

    You sound like a moron. Read some history of the 30's...the60's...the IWA...the Sydney miners...Louis Riel...and on and on and on. I can tell you...at age 64...that the biggest problem I have is getting younger and more greedy self centered people interested in acting out for the good of democracy and the environment!

  • Sask Resident

    1 year ago

    Needs Legislative Approval

    Few true to democratic principles would disagree that the HST implementation should have been introduced, debated and passed in the BC legislature, not by some hidden process. I agree with the concept of the HST since I think it will be good for the economy. The method used to implement it was wrong.

    After all, Canadians fought and voted during a federal election on the GST. (and the always truthful federal Liberals promised to get rid of the GST when they regained power - yeah right!).

  • For a better world

    1 year ago

    Grania

    You are right on target with your comment "....at age 64...that the biggest problem I have is getting younger and more greedy self centered people interested in acting out for the good of democracy and the environment!"

    Maybe its only older folks who have witnessed and are aware of the deteriorization of our democracies. Although this erosion has been underway for more than 30 years, it has certainly accelerated during the regimes of Gordon Campbell, Stephan Harper and G W Bush.

    Members of the New World Order are fully aware their constituency is made up of dictatorships, not democracies. Dictators through history have been able to control their apathetic populations primarily with fear and greed.

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