Governor General stiff-arms HST appeal

By Walter Cordery, Nanaimo Daily NewsDecember 7, 2009

NANAIMO, B.C. — The former B.C. premier leading the fight against the implementation of the harmonized sales tax said he is "stunned" by the decision of Gov. Gen. Michaelle Jean not to examine the constitutionality of the legislation that would entrench the HST in British Columbia. Bill Vander Zalm sent a letter to Jean's office, asking her to withhold royal assent for the HST legislation when it arrives on her desk. "What we asked Michaelle Jean to do is to check not only the constitutionality of the bill but also the process that was used to bring it in," Vander Zalm said during the weekend. He said he believes the legislation gives the federal government a way to unilaterally remove the province's "constitutionally exclusive taxation" authority over sales tax without a constitutional amendment and subsequent approval by the provincial legislature. Vander Zalm argued that 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 B.C. legislature," said Vander Zalm.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 B.C. legislature.

Jean's refusal to investigate the law baffles Vander Zalm. "She got back to us right away and said, 'Go see Gordon Campbell.' I was stunned. I think our democratic process has completely disappeared," he said. "I mean, 85 per cent of the people oppose this tax, it has never been ratified by the B.C. legislature and it is unconstitutional, in my opinion, to enact this legislation without an amendment to the constitution." Because Jean referred him back to Campbell, Vander Zalm's Fight HST group is raising money to have their concerns heard in court.