A court ruling that declares the anti-HST petition valid is getting strong praise from at least one Liberal representative. On Friday, B.C. Supreme Court Justice Robert Bauman instructed B.C.’s chief electoral officer to forward the 700,000-name petition to the select standing committee for legislative initiative. “I’m really pleased that was his finding,” said Eric Foster, Vernon-Monashee MLA, of the judge’s decision. “It enables us to now go through the process. People want to see the process through to the end.”
The standing committee, of which Foster is a 
member, must review the petition and determine whether to send the issue of possibly rescinding the harmonized sale tax to the Legislature for a vote or to hold a non-binding, provincewide referendum in 2011. The Fight HST group collected the required 10 per cent of voters’ signatures in each of B.C.’s 85 constituencies, but Elections B.C. originally decided not to send the petition to the legislative committee because the legality of the petition process was being questioned in the courts by a number of business organizations. Foster hopes the business organizations will not appeal the court ruling so the committee can begin its work.
Lawyers for the business groups had claimed the province does not have the authority to scrap a federal tax. “They said the HST was an exclusively federal tax that could not be extinguished by the B.C. government once implemented. Justice Bauman’s decision has essentially nullified that argument by allowing the legislature to ‘undo’ the HST by whatever means is necessary,” said Bill Vander Zalm, Fight HST leader, in a press release. “This decision allows for the provincial Legislature to deal with the matter irrespective of whether the HST is considered a federal tax or not. We now have the means to undo the severe damage caused by both the HST, and the premier and finance minister’s unilateral actions to give away B.C.’s sovereign authority over provincial sales taxes. This is huge.”
Foster would not speculate on whether the committee will recommend a public referendum or have MLAs vote on the future of the HST. “There’s a whole lot of information that has to be brought to the committee first,” he said. “I want to see the process played out and democracy will win no matter which way things go.” Foster also says he would like to hear from his constituents on what direction the committee should take. “We have an opportunity to discuss this,” he said. Craig James, acting chief electoral officer, has announced he will send the petition to the select standing committee for legislative initiative Monday for consideration.
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HST process not over yet Morning Star Editorial: August 21, 2010 12:00 PM
Justice Robert Bauman was absolutely correct when he used Premier Gordon Campbell’s own words to validate the process behind the petition opposing the harmonized sales tax. The collection of 700,000 names truly was a “victory for democracy,” and thankfully the attempt by some business organizations to circumvent thousands of British Columbians was not sanctioned by the courts. If the ruling had gone the other way, and the petition had been blocked, then voters would have been told there is no role for them in governing. But while the petition has been recognized legally, there are still a number of hurdles ahead. Primarily, an all-party legislative committee must now determine if MLAs will vote to possibly rescind the HST or if it goes to a provincewide referendum. If the matter goes before the House, the Liberals could simply use their majority to proceed with the tax. A referendum wouldn’t occur until sometime next year, giving both sides on the issue time to step up the war of words, and in the case of the government, it would be fueled by taxpayers’ dollars.
Residents of Vernon-Monashee are in a unique position as MLA Eric Foster is one of 10 members of the legislative committee that will decide what happens next. That means local constituents know exactly who to provide guidance to. Let Foster know how he should represent you when the committee deliberates. But more importantly, if B.C.’s MLAs ultimately vote on the fate of the tax, Foster must be directed to speak for his constituents and not just the party he belongs to. The petition is a “victory for democracy” but the battle isn’t over yet.
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Vernon-Monashee Office (Eric Foster MLA)
3209 31st Avenue Vernon, BC V1T 2H2
Phone: (250) 503-3600 Fax: (250) 503-3603
Email: eric.foster.mla@leg.bc.ca
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