That's right folks. These Numbskulls have absolutely no idea of what a democracy is.
First we elect Campbell and his lapdogs and find out he lied. (and that was back in 2001) Then we re-elect him when he lied again. And finally he figured he could lie to us again and get away with it.
Only this time he hit is in our pockets big time. And was so arrogant that he figured it would slip by us. Not a chance. Along comes a Former Premier and says hold it this is wrong. He recruits more than 6500 volunteers, myself included and we use a little used or known Initiative to stop his forcing us to pay the bills for big business.
This army of volunteers goes out to canvass and what do we find? People rushing to sign the petition They were lining up and mad as hell. They were from all political stripes and they were fuming.Where the lineups were fairly ling they asked about the Initiative and how long they had to sign. They were told 90 days and they vowed to come back when the lineups were shorter. And they did come back resulting in the 705,643 signatures. More that those who voted for the LIEBERALS in the first place.
Some came wanting to sign but were ineligible for a number of reasons. Not the least of which was the fact that they hadn't been on the voters list. They asked how to register and were told. Some came back and were still unable because they hadn't been on the list at the last election. And were they pissed. But we told them at least they would now be eligible to vote in the next election.
There was a recent court case where business owners appeared towant to be able to vote twice. Once where they lived and once for where their place of business was. They lost.
Campbell and Has been wanted to defy the law and were told by Elections BC they couldn't. They tried to advertise against the initiative but were not eligible because in their arrogance they didn't register as opponents. That was their biggest shot in the foot.
But they were running scared so they brought out Jeff Plant the former AG and member of the Heenan Blaikie law team. He rambled on about how this Initiative was wrong and unconstitutional. All the while knowing that he was spinning the situation.
You see folks, the Tax Grab is what is unconstitutional.
In 1867 the provinces were given the right to collect taxes within their own boundaries to pay for their own programs. Its right there in the constitution. And the Campbell minions DO NOT HAVE THE RIGHT to give away this system. Not without a vote from the people who elected them. And they must either have that as their main election platform so the people will understand it or put it to a Referendum. Campbell did neither of these. In fact in the last election he said that an HST was not on their radar.
So he lied. I don't care how the spin doctors in the PAB spin this HE LIED.
And now we have the biggest tax shift in Canadian History put on the backs of consumers without their consent to give more welfare to big business.
Of course big business likes this. But to their chagrin Bill Vander Zalm got in the way. So did 705,643 citizens of British Columbia.
Bill and Chris Delaney and some of the folks from down south are leaving tomorrow to deliver those peoples names to Victoria to be scrutinized. But hold it. Are you ready for this? Jock McKinnon and a couple of fools from the Forest and Mining industry don't believe in Democracy. They want to file an injunction again in part that this petition preamble is Unconstitutional. What fools. First of all the Preamble isn't part of the Act. Second of all as mentioned the act to institute this tax grab is in itself unconstitutional. They sure have their ducks all over the place.
Now we get to the meat of this situation. A few businesses think they have the god given right to tell the government and the electorate what to do. This is so much friggin bullshit that I almost threw up when I read Justine Hunters piece in the Globe. What right does a business, that doesn't have a vote, have to go to the Supreme Court of BC to tell a judge that we are wrong? We the registered electorate of this province?
And what kind of fool would think he had that right? This is a democracy run by the Voters. Not a dictatorship run by a proven liar, and criminal, with a few business men and their millions, which they are now increasing on the backs of folks like you and I.
Screw these assholes. We have a win, win, win situation here. And I might say that in filing tis injunction they have further riled the voters who hired them and those voters are now mad enough to recall ALL the liberal MP's.
This update from David Schreck Talking about the pro HST gang
A third line of defense was trotted out by former Attorney General Geoff Plant in his opinion piece published in the Vancouver Sun on June 4th. He argued that the anti-HST "initiative petition is fundamentally flawed" and cannot possibly achieve its purpose because British Columbia has no ability to extinguish federal legislation. Like some pundits, Plant went on to quibble with the preamble to the initiative petition's proposed Bill, arguing that the HST does not contravene the constitution, but not mentioning that the preamble to the Bill is not relevant. He also noted that the proposed Bill fails to specify in what form the PST would be reinstated. Plant concludes that the legislative committee should refer the Bill to the legislature, at which point the government should refer it to the court for a constitutional opinion.
This blog was created to show how the government of BC has lied, or reneged on political promises. The record of the Liberal Government in BC has been appalling since they were first elected.And in the legislature all they can say is "we can't comment it's before the courts".
6/29/2010
6/28/2010
Canvassing Is Done. Now The Real Pressure Is On
Fight HST to deliver petition to Elections BC on June 30 at 1:00pm
Mr. Vander Zalm and Fight HST organizers Bill Tieleman and Chris Delaney will be available for interviews during the ferry crossing and at the handoff to Elections BC.
There are three days left to July 1,2010. If this draconian money grab is not repealed by then there are several MLA's who will be fired by those who hired them. We are the boss here and we are telling you that you will not have a job come November if you do not do the right thing in the next three days.
We know full well that it is more difficult to get 40% in 60 days but there are people being recruited already to do this job.
RECALL IN THE FALL Gary E
All media are invited to accompany the Fight HST team for the delivery of the 700,000 signature Initiative petition to Elections BC on Wednesday, June 30th.
Petition proponent, former BC premier Bill Vander Zalm, will take the petition on the 11:00am Tsawwassen – Swartz Bay Ferry on June 30th, arriving at Elections BC at 333 Quebec Street in Victoria at approximately 1:00pm.Mr. Vander Zalm and Fight HST organizers Bill Tieleman and Chris Delaney will be available for interviews during the ferry crossing and at the handoff to Elections BC.
There are three days left to July 1,2010. If this draconian money grab is not repealed by then there are several MLA's who will be fired by those who hired them. We are the boss here and we are telling you that you will not have a job come November if you do not do the right thing in the next three days.
We know full well that it is more difficult to get 40% in 60 days but there are people being recruited already to do this job.
RECALL IN THE FALL Gary E
6/24/2010
Iggy a Post Turtle?
Harvey O at Keeping It Real has been holding his former colleagues feet to the fire and attempting to give them lessons on how to be a reporter. As we all know the mainstream media has become absolutely horrible in there reporting news of interest in BC. In fact I submit that there are virtually no investigative reporters in BC and the ones elevated to prominence by their bosses have become nothing but pimps for the present goons in power in Victoria.
So when this joke came to me in my inbox, and after I had read it I immediately asked the question "was it the MSM"
YOU'VE GOT TO LOVE THIS RANCHER'S OUTLOOK AND COMMON SENSE APPROACH TO LIFE .
While suturing a cut on the hand of a 75 year old rancher, who's hand was caught in the gate while working cattle, the doctor struck up a conversation with the old man. Eventually, the topic got around to Ignatieff and his bid to be the PM of Canada.
The old rancher said, 'Well, ya know, he's a 'Post Turtle''. Not being familiar with the term, the doctor asked him what a 'post turtle' was.
The old rancher said, 'When you're driving down a country road and you come across a fence post with a turtle balanced on top, that's a 'post turtle'.
The old rancher saw the puzzled look on the doctor's face so he continued to explain.
. . . 'You know he didn't get up there by himself, he doesn't belong up there, and he doesn't know what to do while he's up there, and you just wonder what kind of dumb ass put him up there to begin with'.
While suturing a cut on the hand of a 75 year old rancher, who's hand was caught in the gate while working cattle, the doctor struck up a conversation with the old man. Eventually, the topic got around to Ignatieff and his bid to be the PM of Canada.
The old rancher said, 'Well, ya know, he's a 'Post Turtle''. Not being familiar with the term, the doctor asked him what a 'post turtle' was.
The old rancher said, 'When you're driving down a country road and you come across a fence post with a turtle balanced on top, that's a 'post turtle'.
The old rancher saw the puzzled look on the doctor's face so he continued to explain.
. . . 'You know he didn't get up there by himself, he doesn't belong up there, and he doesn't know what to do while he's up there, and you just wonder what kind of dumb ass put him up there to begin with'.
6/23/2010
Treason in Government? Why am I not surprised?
And Laila Yuile has the breaking news story HERE.
This is the most serious allegation about a government or governments in Canada that I can recall. The Robert Somers case in BC pales in comparison.
The way the Accusation from CSIS has been framed and the questions unanswered leads a reader to think that the highest levels of government in BC are either knowingly or unknowingly participating in treason.
It is very troubling that CSIS would choose to make accusations public before charging the people involved.
Is CSIS giving people a chance to bail out? What exactly are their reasons?
Elected officials are sworn allegiance to the Queen and to their constituents.
Don't worry folks this story can be carried by Laila. The rest of us will try to get the poop on the BC Rail Trial.
This is the most serious allegation about a government or governments in Canada that I can recall. The Robert Somers case in BC pales in comparison.
The way the Accusation from CSIS has been framed and the questions unanswered leads a reader to think that the highest levels of government in BC are either knowingly or unknowingly participating in treason.
It is very troubling that CSIS would choose to make accusations public before charging the people involved.
treason: a violation by subject of allegiance to sovereign or state. treachery. disloyalty.
Is CSIS giving people a chance to bail out? What exactly are their reasons?
Elected officials are sworn allegiance to the Queen and to their constituents.
Don't worry folks this story can be carried by Laila. The rest of us will try to get the poop on the BC Rail Trial.
6/21/2010
Basi Virk Trial Not That Important?
It's 7:20 AM June 21,2010 and I have just looked at the Trial Docket online. All other trials appear to be listed for today but not Case #23299.
Are the people who get paid big bucks just playing with the general public? Or is there no trial for today. Not according to reports from last week. This trial was set to move forward today and it is not listed with the other trials. Is it incompetence? Has there been another glitch in the forward movement of a trial that had its discovery cut off by a new parachuted judge?
Would all the extra arguing being done in court, with and without the jury present, be happening if Discovery had been allowed to progress to it's end. I think not.
Would people like Norm Farrell be going to the courthouse only to discover that court had been canceled because of what I allege is the manipulation of a trial procedure? I think not?
It is common decency and courtesy to have these times and dates posted in a timely manner and I allege that someone is being overpaid to do a job which is apparently not being done.
Are the people who get paid big bucks just playing with the general public? Or is there no trial for today. Not according to reports from last week. This trial was set to move forward today and it is not listed with the other trials. Is it incompetence? Has there been another glitch in the forward movement of a trial that had its discovery cut off by a new parachuted judge?
Would all the extra arguing being done in court, with and without the jury present, be happening if Discovery had been allowed to progress to it's end. I think not.
Would people like Norm Farrell be going to the courthouse only to discover that court had been canceled because of what I allege is the manipulation of a trial procedure? I think not?
It is common decency and courtesy to have these times and dates posted in a timely manner and I allege that someone is being overpaid to do a job which is apparently not being done.
6/14/2010
Campbell Shows True Colors Over Aboriginal Relations
I have known from the beginning that Campbells "new relation" with the First Nations of BC was a sham. It was designed to placate the nations and lure them into a false sense of security.
He never ever thought once that he would buck big business, especially mining, to allow the First Nations to have a say in their traditional lands.
Please read the following press release about the Fish Lake, Prosperity Mine double cross by Campbell.
PRESS RELEASE For immediate release B.C. Government Treats Aboriginal Rights as Meaningless; Tsilhqot’in Nation Denounces Long-Term Lease for Taseko June 14, 2010, Williams Lake – The Tsilhqot’in National Government angrily denounced the provincial government’s decision to grant Taseko Mines Ltd.(TML) a long-term mining lease for its proposed open-pit mine at Teztan Biny (Fish Lake), an area where the Tsilhqot’in Nation holds proven Aboriginal hunting and trapping rights.
"B.C. is essentially saying our proven rights are meaningless," said Chief Marilyn Baptiste, of the Xeni Gwet’in First Nation, one of the six Tsilhqot’in communities that comprise the Tsilhqot’in Nation. "The Province is handing Taseko long-term property rights to lands where we are actively exercising our proven Aboriginal hunting and trapping rights – before it is even known whether Taseko’s project will be approved or rejected by the federal government."
Federal approval is far from certain. During recent public hearings held by a federal environmental review panel, the Tsilhqot'in Nation actively opposed the project, which would destroy two lakes of profound cultural and spiritual significance, with elders, members and even school children describing the unfathomable loss that this destruction would mean for their communities and traditional way of life. The federal panel is due to issue its report and recommendation on July 2nd. "During those hearings, our Nation, people from Williams Lake, environmental organizations from across the country and a number of eminent scientists warned the Panel that this mine will cause untold damage to the Tsilhqot’in culture and to a complex ecosystem," says TNG Tribal Chief Joe Alphonse of Taseko’s plan is to drain the pristine, trout-bearing Fish Lake and dump waste rock there. "Even federal agencies said that Taseko’s plan to destroy Fish Lake and Little Fish Lake didn’t meet their guidelines. It’s a black eye for British Columbia. It’s hard to find anything good to say about it."
The Tsilhqot’in National Government (TNG) called the decision to issue the 25-year renewable lease "disrespectful." Chief Alphonse: "There is still a need for Tsilhqot’in endorsement to operate with the Tsilhqot’in traditional land. The Tsilhqot’in National Government does not feel that we have been adequately consulted." TNG has written to Jody Shimkus, the Chief Gold Commissioner, recommending the decision be rescinded.
…2/
The issue of allowing mining companies to use lakes as garbage dumps for mining waste is now a national issue. On June 4th, the Sandy Pond Alliance – a coalition that includes the Council of Canadians, MiningWatch and other eNGOs – launched a court case against the federal government contending that the regulation currently used to authorize the destruction of lakes for mining purposes is unlawful. On Wednesday, June 16th, there will be a protest at 12:30 pm in downtown Vancouver at the Taseko Mines Annual General Meeting. The rally at 837 W. Hastings Street has been organized by Council of Canadians in support of the fight to defend Teztan Biny (Fish Lake).
and please pass this on to your friends
He never ever thought once that he would buck big business, especially mining, to allow the First Nations to have a say in their traditional lands.
Please read the following press release about the Fish Lake, Prosperity Mine double cross by Campbell.
PRESS RELEASE For immediate release B.C. Government Treats Aboriginal Rights as Meaningless; Tsilhqot’in Nation Denounces Long-Term Lease for Taseko June 14, 2010, Williams Lake – The Tsilhqot’in National Government angrily denounced the provincial government’s decision to grant Taseko Mines Ltd.(TML) a long-term mining lease for its proposed open-pit mine at Teztan Biny (Fish Lake), an area where the Tsilhqot’in Nation holds proven Aboriginal hunting and trapping rights.
"B.C. is essentially saying our proven rights are meaningless," said Chief Marilyn Baptiste, of the Xeni Gwet’in First Nation, one of the six Tsilhqot’in communities that comprise the Tsilhqot’in Nation. "The Province is handing Taseko long-term property rights to lands where we are actively exercising our proven Aboriginal hunting and trapping rights – before it is even known whether Taseko’s project will be approved or rejected by the federal government."
Federal approval is far from certain. During recent public hearings held by a federal environmental review panel, the Tsilhqot'in Nation actively opposed the project, which would destroy two lakes of profound cultural and spiritual significance, with elders, members and even school children describing the unfathomable loss that this destruction would mean for their communities and traditional way of life. The federal panel is due to issue its report and recommendation on July 2nd. "During those hearings, our Nation, people from Williams Lake, environmental organizations from across the country and a number of eminent scientists warned the Panel that this mine will cause untold damage to the Tsilhqot’in culture and to a complex ecosystem," says TNG Tribal Chief Joe Alphonse of Taseko’s plan is to drain the pristine, trout-bearing Fish Lake and dump waste rock there. "Even federal agencies said that Taseko’s plan to destroy Fish Lake and Little Fish Lake didn’t meet their guidelines. It’s a black eye for British Columbia. It’s hard to find anything good to say about it."
The Tsilhqot’in National Government (TNG) called the decision to issue the 25-year renewable lease "disrespectful." Chief Alphonse: "There is still a need for Tsilhqot’in endorsement to operate with the Tsilhqot’in traditional land. The Tsilhqot’in National Government does not feel that we have been adequately consulted." TNG has written to Jody Shimkus, the Chief Gold Commissioner, recommending the decision be rescinded.
…2/
The issue of allowing mining companies to use lakes as garbage dumps for mining waste is now a national issue. On June 4th, the Sandy Pond Alliance – a coalition that includes the Council of Canadians, MiningWatch and other eNGOs – launched a court case against the federal government contending that the regulation currently used to authorize the destruction of lakes for mining purposes is unlawful. On Wednesday, June 16th, there will be a protest at 12:30 pm in downtown Vancouver at the Taseko Mines Annual General Meeting. The rally at 837 W. Hastings Street has been organized by Council of Canadians in support of the fight to defend Teztan Biny (Fish Lake).
and please pass this on to your friends
6/08/2010
Are You Listening Now Mr. Campbell
Forwarded Message From Fight HST
BC First Nations join Vander Zalm legal challenge to HST
Vancouver – The Union of BC Indian Chiefs has joined forces with Bill Vander Zalm in supporting a legal challenge to the HST. On Thursday of last week, the UBCIC passed a motion agreeing to support a challenge to the much hated sales tax, on the grounds that the tax will be applied to aboriginals in BC, and is outside the jurisdiction of both the federal and provincial government.
The motion reads:
“THEREFORE BE IT FINALLY RESOLVED that the Union of BC Indian Chiefs Council supports the Fight HST campaign in exploring legal options, including a constitutional challenge to the implementation of the HST.”
Grand Chief Stewart Phillip said the HST will devastate native peoples in BC, who are among the poorest people in the province, “The HST will hit our peoples the hardest. They will have to pay it on the majority of their purchases, which are made off reserve. Many First Nations people struggle just to survive, and this tax will severely hurt them.”
Phillip pointed out that not only does the HST appear to contravene Section 92 of the Constitution which grants exclusive authority for provincial sales taxes to the provinces, but it also contravenes aboriginal sovereignty over taxation for natives.
“We are pleased to offer our support to former premier Vander Zalm in his efforts to stop this tax. It is not good for British Columbians, and it is not good for First Nations. We must fight together to defeat it, and send the government a message that they cannot run roughshod over the rights of people, especially those least able to defend themselves,” said Phillip.
Fight HST leader, Bill Vander Zalm, said he is very happy to have the support of the Union of BC Indian Chiefs. “The HST has brought people together in our province in way that we have never seen it before. For the first time, we are all fighting together on the same issue, and that is a power that no government can stop.”
Vander Zalm says he is soliciting funds from associations and organizations to facilitate the legal challenge. He says the legal challenge is independent of the Fight HST Citizen Initiative petition. His plan is to seek an “injunction” against the HST to stop it from proceeding, or to halt its advance while the courts work to determine whether it is legal.
“An injunction would kill the tax on the spot. Our lawyers tell us that a judge may look favourably upon an injunction, since it would take two years for our challenge to go through the courts. In that time the BC Government would have collected over $16,000,000,000 in HST. If it was found to be illegal, it would have to be repaid and that would bankrupt the treasury.”
“By working together, we will show the government that they must listen, and that democracy is not completely dead in BC,” Vander Zalm concluded.
BC First Nations join Vander Zalm legal challenge to HST
Vancouver – The Union of BC Indian Chiefs has joined forces with Bill Vander Zalm in supporting a legal challenge to the HST. On Thursday of last week, the UBCIC passed a motion agreeing to support a challenge to the much hated sales tax, on the grounds that the tax will be applied to aboriginals in BC, and is outside the jurisdiction of both the federal and provincial government.
The motion reads:
“THEREFORE BE IT FINALLY RESOLVED that the Union of BC Indian Chiefs Council supports the Fight HST campaign in exploring legal options, including a constitutional challenge to the implementation of the HST.”
Grand Chief Stewart Phillip said the HST will devastate native peoples in BC, who are among the poorest people in the province, “The HST will hit our peoples the hardest. They will have to pay it on the majority of their purchases, which are made off reserve. Many First Nations people struggle just to survive, and this tax will severely hurt them.”
Phillip pointed out that not only does the HST appear to contravene Section 92 of the Constitution which grants exclusive authority for provincial sales taxes to the provinces, but it also contravenes aboriginal sovereignty over taxation for natives.
“We are pleased to offer our support to former premier Vander Zalm in his efforts to stop this tax. It is not good for British Columbians, and it is not good for First Nations. We must fight together to defeat it, and send the government a message that they cannot run roughshod over the rights of people, especially those least able to defend themselves,” said Phillip.
Fight HST leader, Bill Vander Zalm, said he is very happy to have the support of the Union of BC Indian Chiefs. “The HST has brought people together in our province in way that we have never seen it before. For the first time, we are all fighting together on the same issue, and that is a power that no government can stop.”
Vander Zalm says he is soliciting funds from associations and organizations to facilitate the legal challenge. He says the legal challenge is independent of the Fight HST Citizen Initiative petition. His plan is to seek an “injunction” against the HST to stop it from proceeding, or to halt its advance while the courts work to determine whether it is legal.
“An injunction would kill the tax on the spot. Our lawyers tell us that a judge may look favourably upon an injunction, since it would take two years for our challenge to go through the courts. In that time the BC Government would have collected over $16,000,000,000 in HST. If it was found to be illegal, it would have to be repaid and that would bankrupt the treasury.”
“By working together, we will show the government that they must listen, and that democracy is not completely dead in BC,” Vander Zalm concluded.
6/05/2010
Liberals Call Out The Big Guns. Are They Breaking The Law?
Geoff Plant advertising against the HST petition thinly disguised as an op-ed. Is he breaking the law with this misinformation?
He starts his op-ed (I allege illegal advertising) against the initiative by saying it is fundamentally flawed.
Then he wants to examine the petition, nit picking it apart by misinforming you. He claims to understand the Act giving you the impression that he is right.
Then goes on to tell you about it being a legal process as well as a political campaign.
He then tries to deflect all the blame on the Federal Government. I allege that Both Governments are playing a shell game to confuse the voters.
He says " As everyone knows or should know, the HST is not provincial legislation. It's part of a federal statute, which can be amended or "extinguished" only by the federal Parliament. The legislature of British Columbia has no ability to extinguish federal legislation."
This is patently false. The constitution Clearly states:
Plant:
The Recall and Initiative Act states clearly that an initiative may be undertaken in respect only of an issue that is within the jurisdiction of the province. In addition, the act also states that the draft bill must be clear and unambiguous. The initiative petition fails on both these grounds.
The draft bill prepared by the anti-HST campaign is called the HST Extinguishment Act. Its central provision states very simply "[T]he HST is hereby extinguished in British Columbia."
What Mr Plant is not saying here is that this issue is clearly within the jurisdiction of the province
and requires a constitutional amendment.
Plant:
The draft bill is therefore a constitutional impossibility. It cannot be passed by the provincial legislature.
It's important to realize that the question is not whether the anti-HST campaigners could have drafted a valid bill, but whether they did. No lawyer ever succeeded in court by asking a judge to ignore the words of a statute and decide the case on the basis of what the legislature should have said.
From Strategic Thoughts David Schreck:Like some pundits, Plant went on to quibble with the preamble to the initiative petition's proposed Bill, arguing that the HST does not contravene the constitution, but not mentioning that the preamble to the Bill is not relevant. He also noted that the proposed Bill fails to specify in what form the PST would be reinstated. Plant concludes that the legislative committee should refer the Bill to the legislature, at which point the government should refer it to the court for a constitutional opinion.
Plant:
The proposed initiative bill is flawed on other grounds. Its preamble states that the HST "contravenes" the provisions of our constitution under which the provinces have the power to impose direct taxation.
Unfortunately for the anti-HST campaigners, this is simply not the law. If they had asked, any constitutional law student could have explained that the federal government has the power to raise money by any mode or system of taxation. Therefore, the federal government has all the constitutional authority it needs to enact the HST, which is just the GST by another name. Similarly, while the provincial government clearly has authority to enact the PST, it is equally capable of deciding not to, and that is what it did when it repealed the PST.
It is hardly satisfactory to have the statute books of British Columbia filled with preambles that are constitutional nonsense.....(snip)
Plant doesn't tell you that the Federal Government has never been given the right to collect Provincial Taxes. British Columbia has never ceded that right.
Other provisions of the proposed bill fail to satisfy the requirement that it be "clear and unambiguous." For example, the section of the bill that tries to provide for some kind of refund to British Columbians is particularly problematic. How will eligibility for this refund be determined? By whom? Where will the money come from to pay for it? None of this is answered in the bill.....(snip)
He starts his op-ed (I allege illegal advertising) against the initiative by saying it is fundamentally flawed.
Then he wants to examine the petition, nit picking it apart by misinforming you. He claims to understand the Act giving you the impression that he is right.
Then goes on to tell you about it being a legal process as well as a political campaign.
He then tries to deflect all the blame on the Federal Government. I allege that Both Governments are playing a shell game to confuse the voters.
He says " As everyone knows or should know, the HST is not provincial legislation. It's part of a federal statute, which can be amended or "extinguished" only by the federal Parliament. The legislature of British Columbia has no ability to extinguish federal legislation."
This is patently false. The constitution Clearly 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.
Plant:
The Recall and Initiative Act states clearly that an initiative may be undertaken in respect only of an issue that is within the jurisdiction of the province. In addition, the act also states that the draft bill must be clear and unambiguous. The initiative petition fails on both these grounds.
The draft bill prepared by the anti-HST campaign is called the HST Extinguishment Act. Its central provision states very simply "[T]he HST is hereby extinguished in British Columbia."
What Mr Plant is not saying here is that this issue is clearly within the jurisdiction of the province
and requires a constitutional amendment.
Plant:
The draft bill is therefore a constitutional impossibility. It cannot be passed by the provincial legislature.
It's important to realize that the question is not whether the anti-HST campaigners could have drafted a valid bill, but whether they did. No lawyer ever succeeded in court by asking a judge to ignore the words of a statute and decide the case on the basis of what the legislature should have said.
From Strategic Thoughts David Schreck:Like some pundits, Plant went on to quibble with the preamble to the initiative petition's proposed Bill, arguing that the HST does not contravene the constitution, but not mentioning that the preamble to the Bill is not relevant. He also noted that the proposed Bill fails to specify in what form the PST would be reinstated. Plant concludes that the legislative committee should refer the Bill to the legislature, at which point the government should refer it to the court for a constitutional opinion.
Plant:
The proposed initiative bill is flawed on other grounds. Its preamble states that the HST "contravenes" the provisions of our constitution under which the provinces have the power to impose direct taxation.
Unfortunately for the anti-HST campaigners, this is simply not the law. If they had asked, any constitutional law student could have explained that the federal government has the power to raise money by any mode or system of taxation. Therefore, the federal government has all the constitutional authority it needs to enact the HST, which is just the GST by another name. Similarly, while the provincial government clearly has authority to enact the PST, it is equally capable of deciding not to, and that is what it did when it repealed the PST.
It is hardly satisfactory to have the statute books of British Columbia filled with preambles that are constitutional nonsense.....(snip)
Plant doesn't tell you that the Federal Government has never been given the right to collect Provincial Taxes. British Columbia has never ceded that right.
Other provisions of the proposed bill fail to satisfy the requirement that it be "clear and unambiguous." For example, the section of the bill that tries to provide for some kind of refund to British Columbians is particularly problematic. How will eligibility for this refund be determined? By whom? Where will the money come from to pay for it? None of this is answered in the bill.....(snip)
To undertake a provincewide vote in the face of the constitutional issues I have described would be a mistake....(snip)
To undertake a province wide vote at a cost of $20,000,000 would be political suicide for the Liberals.
Plant:
There is another option. Under a statute called the Constitutional Question Act, the provincial cabinet has the power to refer any matter to the Supreme Court or Court of Appeal of B.C. for hearing and consideration. (This is the procedure that the government is using to test the constitutionality of the Criminal Code provisions outlawing polygamy.).....(snip)
To refer it to the SCC is a delay tactic and would precipitate a Recall
Plant:
My suggestion is this: If the signature drive succeeds, the committee should be convened and recommend that the draft bill be tabled in the house, and immediately thereafter the bill should be referred to the courts for an opinion on its constitutional validity. Recall ....(Snip)
Nothing will be lost by such a procedure and much will be gained. If the bill is found to be valid, it can be debated and voted on in the house. If not, the petitioners will be free to try again, but this time the campaign will be conducted against the backdrop of a much clearer understanding of how our Constitution works.
Some may say it would be a shame if it turns out that so much energy has been invested by so many people in a failed undertaking. But that is what the rule of law is all about -- making sure that we conduct our politics according to law.....(Snip)
The only thing gained in the above would be a second chance for the Government to register as opponents to the initiative. Their arrogance was so great the first time they want another chance. The problem as I see it Mr. Plant, is the people are pissed because they were lied to and then your Party rammed it through without proper debate.Do you think they'll believe you the second time around? So I suggest that you follow the will of the electorate and repeal this money shift if you want another chance. Then when the next election comes around you can campaign on the issue. My bet is you won't do that because you'd lose.
Read more: http://www.vancouversun.com/opinion/op-ed/anti%2Binitiative%2Bdoomed%2BHere/3110571/story.html#ixzz0pz68M8N1
Update 4:00 PM July 7,2010
After returning from canvassing today and still listening tomany people who are mad at this government I found this on the Fight HST site.
Vander Zalm says a recent article by former BC Liberal Attorney General, Geoff Plant, characterizing the petition legislation as illegal would be laughable if it weren’t so pathetic and obviously political. He says Plant’s key assertion, that the HST is federal and can’t be terminated by BC cannot be taken seriously
.
“If that were true, then the federal government could simply create the HST in any province it wanted, without even asking them. They could set it at any rate they wanted, and could apply it to anything they wanted.”
“But the reality is, both BC and Ottawa signed an agreement that can be terminated by either side. Our petition, if passed by the Legislature, will terminate the Agreement that created the HST, thereby extinguishing the HST in BC. It’s not rocket science. The federal government will have no choice but to respect the will of British Columbia voters – only a Liberal Plant would suggest otherwise,” concluded Vander Zalm.
6/02/2010
Bill Vander Zalm Live on the G&M at 10:00 AM Today, Wednesday June 2.
Colin Hansen had his chance to explain the HST on Monday on the Globe and Mail BC (and in my opinion failed miserably) still not telling us all the truth.
Today at 10:00 AM Vander Zalm gets his chance.
Your welcome to come back here with comments on both performances.
http://www.theglobeandmail.com/news/national/british-columbia/anti-hst-campaigner-bill-vander-zalm-takes-your-questions/article1587290/
Today at 10:00 AM Vander Zalm gets his chance.
Your welcome to come back here with comments on both performances.
http://www.theglobeandmail.com/news/national/british-columbia/anti-hst-campaigner-bill-vander-zalm-takes-your-questions/article1587290/
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