Canadian Supreme Court rules Federal Income Tax

[onlythetruth]

On October 3, 1950, the Supreme Court of Canada handed down a decision in the case involving the Lord Nelson Hotel of Halifax, Nova Scotia, against the Attorneys-General of Nova Scotia and Canada. The case involved the transfer of powers from the Provincial to the Federal Government, and was directly related to the income Tax Act. In a seven-judge unanimous decision, the highest court in our land ruled that power transfers cannot legally take place. The Federal Government was given until 1962 to remove itself from all such power-transfer agreements, including the Income tax business, and scrap the Income Tax Act...

Clearly, the Federal Government has no constitutional right to engage in the Income Tax business, or any other type of direct taxation, whether on behalf of itself or on behalf of the provinces. Therefore, the Income Tax Act is, in itself, unconstitutional, and need not to be obeyed...

http://www.prolognet.qc.ca/clyde/tax.htm

So why are you still paying income tax? Personally I never have and never will.

Take your country back from the powers that be. You don't owe anybody any income tax.

[Canuck E Stan]

" Personally I never have and never will."

Interesting......what did you say your name was again.

[onlythetruth]

So here you all are sitting on your ass doing nothing. Obediently paying your income tax every year. You pay it all out of your own free will. You don't owe your government any money. Your government has been stealing money from you by illegally collecting income tax. Do you really think your politicians would enforce a ruling of the Canadian Supreme Court that would end the flow of money they currently enjoy by living the high life?

What are you people doing? How often does it need to hit you in the face that paying income tax is supporting the very system that is srewing you.

Not that hard to understand is it? Yes all those years you have paid you were under no obligation to pay. Why do you trust your own government. Don't be blind to the truth.

[Toro]

In all due respect, I don't believe. It sounds along the lines of those people who say the Bank Act was amended in the early 1990s so that banks no longer had to carry reserves. That, of course, is nonsense.

[Canuck E Stan]

"Why do you trust your own government."

Three reasons: 1. It's the only one we have.

2. It the one Canadians want.

3. It's the one we deserve.

[Shady]

The Federal government is also still collecting a cent and a half per litre "deficit elimination" tax on gasoline, even though there's been large surpluses for the last several years. They refuse to take their greedy hands out of our pockets. However, it illustrates an important point. Taxes to governments are like alcohol to alcoholics.

[Canuck E Stan]

"Collecting more taxes than is absolutely necessary is legalized robbery."

-Calvin Coolidge

Canadians have been legally robbed ever since Chretien's first Liberal surplus was announced.....and they have been opening their wallets to the Liberals ever since ....and every election they tell the Liberals to keep doing it.

[Toro]

Its one thing to argue that the government takes too much taxes. Its quite another that the government has ignored a legal ruling for 55 years.

[hiti]

Income tax act, 1985

Seems like the 1950 ruling no longer applies.

[FTA Lawyer]

On October 3, 1950, the Supreme Court of Canada handed down a decision in the case involving the Lord Nelson Hotel of Halifax, Nova Scotia, against the Attorneys-General of Nova Scotia and Canada. The case involved the transfer of powers from the Provincial to the Federal Government, and was directly related to the income Tax Act. In a seven-judge unanimous decision, the highest court in our land ruled that power transfers cannot legally take place. The Federal Government was given until 1962 to remove itself from all such power-transfer agreements, including the Income tax business, and scrap the Income Tax Act...

Clearly, the Federal Government has no constitutional right to engage in the Income Tax business, or any other type of direct taxation, whether on behalf of itself or on behalf of the provinces. Therefore, the Income Tax Act is, in itself, unconstitutional, and need not to be obeyed...

http://www.prolognet.qc.ca/clyde/tax.htm

So why are you still paying income tax? Personally I never have and never will.

Take your country back from the powers that be. You don't owe anybody any income tax.

<{POST_SNAPBACK}>

You need to change your name to "anythingbutthetruth"...

The Supreme Court case you refer to is indexed as:

Attorney-General of Nova Scotia v. Attorney-General of Canada 50 D.T.C. 838

The case says nothing about "scrapping the Income Tax Act". It is a specific ruling that says Nova Scotia can't have the feds collect tax directly for a provincial purpose...if they want to collect such tax for such purpose, they have to do it themselves.

If you want to organize a protest movement, perhaps reading any one of the documents you seem to profess so much knowledge about would be a good idea?

In your senseless diatribe about the Federal Government illegally collecting income tax you leave a link to more garbage which states that "s. 91 and 92 of the B.N.A. Act do not allow for the Federal Government to be in the Income Tax business."

Well, s. 91 (3) of the B.N.A Act (which became the Constitution Act 1867 when Canada became a country) enumerates one of the powers of the Federal Government as:

"The raising of Money by any Mode or System of Taxation."

I'm not sure what hallucenogenic substance it is you have to be on to read that provision and conclude that the feds can't collect taxes...or perhaps you and the members of your "movement" are just interested in selling your "income tax avoidance kits" to as many people as you can lie convicingly enough to.

If quoting obscure old court cases is your thing, consider the following excerpt from a 1998 Tax Court of Canada decision called Guillemette v. Canada where the court quotes from an 1877 decision of the Judicial Committee of the Privy Council (superior to the Supreme Court of Canada back then):

"It is true that by the provisions of s. 92 the Legislature in each Province may exclusively make laws in relation to certain matters coming within the classes of subjects which are there enumerated, and that one of these classes of subjects is 'direct taxation within the Province in order to the raising of a revenue for provincial purposes.'"

The Privy Council then goes on and says:

"As such particular direct taxation is reserved to the Province, to that extent there is some deduction to be made from the totality of power apparently given exclusively to the Dominion Parliament to raise money for any purpose by any mode or system of taxation."

Then it goes on to say:

"Upon any view there is nothing in s. 92 to take away the power to impose any taxation for Dominion purposes which is prima facie given by head 3 of s.91. It is not therefore ultra vires on the part of the Parliament of Canada to impose a Dominion income tax for Dominion purposes;"

For those who don't speak Latin, "ultra vires" means "beyond jurisdiction".

With all due respect, I'll continue to comply with the Supreme law of Canada (i.e. the Constitution) and pay my taxes. Whether or not I like it, the Income Tax Act is perfectly valid law.

FTA Lawyer

P.S. Ever heard the expression "If it seems to good to be true..."?

[onlythetruth]

Let me see.

Here we have a ruling from our highest court yet the federal government has chosen to ignore it completely. it is understandable why. who else is going to pay for their lavish lifestyles and who else is gonna pay for their contributions to the world society they belong to? if the federal government would adhere to the Supreme Court ruling it would be deprived of its primary source of income to finance their lives and goals. So the corrupt politicians came up with a little disstraction called criminal code. So tax evasion is a criminal offense? I think not.

Not adhering to a Supreme Court ruling should be a criminal offense more likely.

So who are the real criminals here?

The citizens who adhere to the Supreme Court ruling and refuse to pay income tax or the Federal Government who has ignored the ruling ever since it was handed down.

If you are still paying income tax don't complain about the crappy system.

[Toro]

Let me see.

Here we have a ruling from our highest court yet the federal government has chosen to ignore it completely. it is understandable why. who else is going to pay for their lavish lifestyles and who else is gonna pay for their contributions to the world society they belong to? if the federal government would adhere to the Supreme Court ruling it would be deprived of its primary source of income to finance their lives and goals. So the corrupt politicians came up with a little disstraction called criminal code. So tax evasion is a criminal offense? I think not.

Not adhering to a Supreme Court ruling should be a criminal offense more likely.

So who are the real criminals here?

The citizens who adhere to the Supreme Court ruling and refuse to pay income tax or the Federal Government who has ignored the ruling ever since it was handed down.

If you are still paying income tax don't complain about the crappy system.

So you're not paying income taxes then?

[Cartman]

"Collecting more taxes than is absolutely necessary is legalized robbery."

Agreed. The Liberals and Tories are robbing us Albertans blind. Large surpluses are ridiculous and politicians should stop bragging about them.

Taxes to governments are like alcohol to alcoholics.

[FTA Lawyer]

Let me see.

Here we have a ruling from our highest court yet the federal government has chosen to ignore it completely. it is understandable why. who else is going to pay for their lavish lifestyles and who else is gonna pay for their contributions to the world society they belong to? if the federal government would adhere to the Supreme Court ruling it would be deprived of its primary source of income to finance their lives and goals. So the corrupt politicians came up with a little disstraction called criminal code. So tax evasion is a criminal offense? I think not.

Not adhering to a Supreme Court ruling should be a criminal offense more likely.

So who are the real criminals here?

The citizens who adhere to the Supreme Court ruling and refuse to pay income tax or the Federal Government who has ignored the ruling ever since it was handed down.

If you are still paying income tax don't complain about the crappy system.

<{POST_SNAPBACK}>

Did you even glance at my post? or the Supreme Court ruling you keep referring to? or the Constitution?

You simply have no idea what you are talking about.

FTA Lawyer

[mcqueen625]

I agree with FTA Lawyer on their assertion that Income Tax Law is legal. In fact it is agaist the law for an employer to pay you a salary and not withhold Income Taxes, E.I. & C.P.P./ Q.P.P. Premiums. along with the employer's share of these premiums. Employers face a penalty for not remitting these deductions to the Government of Canada by the 15th of the month following the deductions. Employers must also file a T-4 Summary outlining the Name. Social Insurance Number and the amount of each deduction withheld throughout the year, and these amounts must balance to the penny with the amounts remitted to government. throughout the previous year on their monthly summaries. If you are a paid employee you must pay Income Tax and other payroll taxes. The only way around this is to work on contract in which case it is your responsibility to decalre this income on your T-1 Income Tax Return under self-employed earnings, and pay your share of both E.I. and C.P.P. Premiums on Self-Employed earnings.

[Sir Chauncy]

A man in Ontario was taken to court so often by the Tax Department that the Judge finally told them if they tried charging him again the courts would charge the Tax Department with harrassment.

The man refused to pay taxes because there is no legal bases for taxes hin Canada.

Sir Chauncy.

Now that was a few years ago so things may be different now.

[FTA Lawyer]

A man in Ontario was taken to court so often by the Tax Department that the Judge finally told them if they tried charging him again the courts would charge the Tax Department with harrassment.

The man refused to pay taxes because there is no legal bases for taxes hin Canada.

Sir Chauncy.

Now that was a few years ago so things may be different now.

<{POST_SNAPBACK}>

Seriously, these "urban legends" are great fantasy...like who would win a fight between a unicorn and a talking pickle...

I simply quote again, from my first post:

Well, s. 91 (3) of the B.N.A Act (which became the Constitution Act 1867 when Canada became a country) enumerates one of the powers of the Federal Government as:

"The raising of Money by any Mode or System of Taxation."

So Sir Chauncy, or anyone else who wants to assert that there is no legal basis for taxation in Canada...please post your detailed constitutional law analysis that explains why, in your view:

1. Income Tax is not "the raising of money by any mode or system of taxation"

2. s.91 (3) of the Constitution was just a joke, not really part of the rest of the real Constitution, or

3. Where we can sign up for the armed revolution to overthrow the current government to replace it with one that understands 1 or 2 above.

FTA Lawyer