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Is Canadian Federal Income Tax Illegal?
Jim Townsend


Q. Do YOU pay YOUR fair share?

A. Yes. EVERY person in Canada pays Taxes. Every item you buy in Canada is
Taxed. Gasoline and Oil Taxes are exorbitant. Cigarettes and Alcohol are
mostly taxes. You pay Property and School Taxes, you pay GST and in most
instances you pay PST. I think every citizen in Canada will agree we all pay
more than our Fair Share. Even Beggars with No Income, Pay Taxes when they
Purchase Items. Our Constitution Agrees and Guarantees we do not have to pay
more than our Fair Share.

Q. Is it fair to pay taxes on taxes or to be taxed more than once on one
item?

A. Intuitively this seems unfair. It would seem fair and reasonable to
assume that once you have paid a tax for something, you have paid your fair
share. The following quote from the preface of his book "Fraud Deception
Manipulation" by Robert A. Marquis, illustrates how problems arise from
ignoring our Constitution;

"Not only does Ottawa ignore the provinces "exclusive" right to direct
taxation, Ottawa invades such areas as health, energy, forestry, mining,
education, housing, municipal affairs, small business and other local areas
of exclusive provincial jurisdiction. This raises our tax level to great
heights, since we, the taxpayers are supporting two levels of government
doing the same thing. At the Annual Premier's Conference, held in Winnipeg
in August, 1990, the Premier of British Columbia made the following
statement, "While B.C. has been reducing its bureaucracy, the federal
government continues to increase its bureaucracy. They now have more
bureaucrats in B.C., in environment, agriculture, fisheries, parks,
forestry, and native affairs, to name a few, than we, as a province which is
largely responsible for all these functions, as a matter of fact, we are
responsible for these functions. This duplication has led to billions of
dollars of unnecessary spending and thousands of additional bureaucrats all
doing the same thing at least twice" No wonder Canadians face such a heavy
tax burden."

Q. Do you pay a lot of taxes that are Illegal for the federal government to
collect?

A. That is precisely what this paper is all about. Read your own
Constitution and find out.

Q. Is it legal for Revenue Canada Feds to collect a Direct Income Tax?

A. Not according to the Constitution. This appears to violate Section(s).
18, 52, 91, 92, 102 and 126.

Q. What does the Constitution have to do with it?

A. The Constitution is Common Law that makes Common Sense. The Constitution
is the Supreme Law of Canada. One can find this clearly stated in Sec. 52 of
the Constitution Act itself;

SCHEDULE B CONSTITUTION ACT, 1982 (79)
PART 1 CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Primacy of Constitution of Canada

52. (1) The Constitution of Canada is the supreme law of Canada, and any law
that is inconsistent with the provisions of the Constitution is, to the
extent of the inconsistency, of no force or effect.

What our constitution is telling us as citizens is that nobody can ever make
a law that violates the constitution; this body of laws, and force you to
obey it. This is a written guarantee in our Constitution. Note that the
Constitution does not say that you need to spend thousands of dollars on
legal representation to prove the government does not have the right to
enact a law that clearly violates the Constitution. It simply says any law
that does is of no force or effect.

Q. What do Sec(s). 18, 52, 91, 92, 102 and 126 have to do with Federal
Income Tax?

A. They define the scope of powers that our various levels of government
possess.

Q. Does the Constitution in any way limit the powers of our government?

A. Absolutely, the constitution limits the powers of the government. It does
this because the Constitution was meant to guarantee Canada remained a free
country with free citizens. The Constitution specifically forbids the
government from conferring extra rights to itself. In the very beginning of
the Constitution, in Sec. 18, one finds the following;

CONSTITUTION ACTS 1867 TO 1982
II. UNION

Privileges, etc., of Houses

18. The privileges, immunities, and powers to be held, enjoyed and exercised
by the Senate and by the House of Commons, and by the members thereof
respectively, shall be such as are from time to time defined by Act of the
Parliament of Canada, but so that any Act of the Parliament of Canada
defining such privileges, immunities, and powers shall not confer any
privileges, immunities, or powers exceeding those at the passing of such Act
held, enjoyed, and exercised by the Commons House of Parliament of the
United Kingdom or Great Britain and Ireland, and by the members thereof.

What our Constitution is telling us here is that the government can not
arbitrarily pass laws allowing powers that were not specifically delegated
to them in the Constitution.

Q. Are specific Taxation Powers of the Federal government enumerated in the
Constitution? Are they limited by it as well?

A. The answer is Yes to both questions. Sec. 91 and 92 of the Constitution
lays out the limitations and specific areas of taxation available to the
Federal and Provincial Governments. Note that the Section first lays out the
scope of the powers it is allocating and sets a very important restriction
to the powers assigned to the Federal Government; "in relation to all
Matters not coming within the Classes of Subjects by this Act assigned
exclusively to the Legislatures of the Provinces". It allows them to make
Laws for Peace, Order and Good Government. In no way can the Pepper Spraying
Government stirring up an Unabated Tax Storm fueling a Trillion Dollar
Canadian Debt be reconciled with this Dictum. I will not list all the powers
enumerated in the section; only the one that Revenue Canada claims gives
them the right to collect a Federal Income Tax.

CONSTITUTION ACTS 1867 TO 1982
V. PROVINCIAL CONSTITUTIONS

Legislative Authority of the Parliament of Canada

91. It shall be lawful for the Queen, by and with the Advice and Consent of
the Senate and House of Commons, to make Laws for the Peace, Order, and good
government of Canada, in relation to all Matters not coming within the
Classes of Subjects by this Act assigned exclusively to the Legislatures of
the Provinces; and for greater Certainty, but not so as to restrict the
Generality of the foregoing Terms of this Section, it is hereby declared
that (notwithstanding anything in this Act) the exclusive Legislative
Authority of the Parliament of Canada extends to all Matters coming within
the Classes of Subjects next hereinafter enumerated; that is to say,

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

It is clear from the construction of the Section that the introduction was
meant to restrict the scope of the federal governments powers, but not
restrict them from anything that falls within their exclusive jurisdiction.
Sec. 92 lays out the Provincial Governments Powers (Again, I note only
relevant subsection);

CONSTITUTION ACTS 1867 TO 1982
V. PROVINCIAL CONSTITUTIONS

Subjects of exclusive Provincial Legislation

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.

Here it is in Plain English that Direct Taxation can only be used
Exclusively by the Province in order to raise a Revenue for PROVINCIAL
PURPOSES. Pertinent to this discussion is a definition of the term
EXCLUSIVE;

Microsoft Encarta defines it thus;
Excluding or tending to exclude: exclusive barriers.
Not divided or shared with others: exclusive publishing rights.
Not accompanied by others; single or sole: your exclusive function.

Merriam Webster thus;
Main Entry: 1ex�clu�sive
 1 a : excluding or having power to exclude b : limiting or limited to
possession, control, or use by a single individual or group
2 a : excluding others from participation b : snobbishly aloof

Black's Law Dictionary 6th Edition thus;
exclusive - Appertaining to the subject alone, not including, admitting, or
pertaining to any others. Sole. Shutting out; debarring from interference or
participation; vested in one person alone. Apart from all others, without
the admission of others to participation. People on Complaint of Samboy v.
Sherman, 158 N.Y. S.2d 835, 837.

It seems very clear from the definitions; in both common and legal terms,
that the Reference to Exclusive Powers in the Constitution was to prevent
the Federal and Provincial governments from interfering in the affairs of
each other and to prevent Canadians from being taxed by two different levels
of government for the same thing. Some say the power to tax is the power to
destroy. I can not believe for a moment that our Constitution was written to
give the government the power to destroy our Nation, but to Ensure it Does
Not. Given the nature of the Stated Limitations, it seems much more likely
that the Creators of our Constitution recognized the Fundamental Evil of
Unbridled Taxation and sought not only to Protect us against it, but to
ensure a measure of Fairness for all. It seems everybody, with the exception
of Revenue Canada, understands what exclusive means.

Q. Are there rules dictating how Federal Taxes are to be collected?

A. Absolutely there are rules for how taxes are to be collected. Sec. 102 of
our Constitution tells how the Federal government is supposed to collect
taxes;

CONSTITUTION ACTS 1867 TO 1982
V. PROVINCIAL CONSTITUTIONS

Creation of Consolidated Revenue Fund

102. All Duties and Revenues over which the respective Legislatures of
Canada, Nova Scotia, and New Brunswick before and at the Union had and have
Power of Appropriation, except such Portions thereof as are by this Act
reserved to the respective Legislatures of the Provinces, or are raised by
them in accordance with the special Powers conferred on them by this Act,
shall form One Consolidated Revenue Fund, to be appropriated for the Public
Service of Canada in the Manner and subject to the Charges of this Act
provided.

Note that once again the Constitution expressly excludes the collection of
Provincial Funds for the Federal Government coffer. It is clear that Federal
funds are to be collected by the Feds (Revenue Canada) themselves and put
into a Consolidated Revenue Fund.

Q. Are there rules for how Provincial Taxes are to be collected?

A. Again, there are rules for how the provincial government can collect
taxes. These are outlined in Sec. 126 of the Constitution;

CONSTITUTION ACTS 1867 TO 1982
V. PROVINCIAL CONSTITUTIONS

Provincial Consolidated Revenue Fund

126. Such Portions of the Duties and Revenues over which the respective
Legislatures of Canada, Nova Scotia, and New Brunswick had before the Union
Power of Appropriation as are by this Act reserved to the respective
Governments or Legislatures of the Provinces, and all Duties and Revenues
raised by them in accordance with the special Powers conferred on them by
this Act, shall in each Province form One Consolidated Revenue Fund to be
appropriated for the Public Service of the Province.

Note that the Act says; "all Duties and Revenues raised by them" which means
the Provincial government is supposed to be collecting all of their own
taxes (Not Revenue Canada) and putting them into separate Consolidated
Revenue Funds in Each Province.

Q. Do I, as a Citizen of Canada, have Rights and a say in this issue? Do I
have the Right to stand up to the government? Can I stand up and be heard
and voice my opinion?

A. Yes. There is an area of the Constitution that guarantees you Rights and
Freedoms. Again, I will not list all of the Rights that are enumerated,
however, any that are listed are quoted Verbatim from the copy of the
Constitution published on the internet by the Canada Justice Department at
http://canada.justice.gc.ca. The following Sections of the Constitution are
pertinent to the question of rights of the common man in dealing with
Revenue Canada;

CONSTITUTION ACTS 1867 TO 1982
SCHEDULE B CONSTITUTION ACT, 1982 (79)
PART I CANADIAN CHARTER OF RIGHTS AND FREEDOMS

2. Everyone has the following fundamental freedoms:
b) freedom of thought, belief, opinion and expression, including freedom of
the press and other media of communication;

Life, liberty and security of person
7. Everyone has the right to life, liberty and security of the person and
the right not to be deprived thereof except in the accordance with the
principles of fundamental justice.

Search or seizure
8. Everyone has the right to be secure against unreasonable search and
seizure.

Detention or imprisonment
9. Everyone has the right not to be arbitrarily detained or imprisoned.

Proceedings in criminal and penal matters.
11. Any person charged with an offense has the right
(d) to be presumed innocent until proven guilty according to the law in a
fair and public hearing by an independent and impartial tribunal;

Is it possible that Revenue Canada routinely violates your Rights and
Freedoms as guaranteed to you in the Constitution in their efforts to
collect taxes that our Constitution EXPRESSLY EXCLUDES THEM FROM COLLECTING?
What is your response to the following questions after reading the areas of
the Constitution dealing with them?

Q1. Do you believe the Federal Government has the Right to Collect a Direct
Income Tax from you?
Q2. Do you believe the Federal Government has the Right to Disobey the Laws
in Our Constitution?
Q3. Do you believe Revenue Canada Executives should be Held Accountable for
Their Directions?
Q4. Do you believe Revenue Canada should have to Return Any Taxes they have
Collected Illegally?
Q(s)5. If the Federal Government is EXCLUDED from Collecting a Direct Tax by
Our Constitution are they not violating Sections 7, 8, 9 and 11(d) of our
Charter of Rights and Freedoms in their efforts to collect a Direct Income
Tax from Canadians as well? Revenue Canada will send a Demand to Pay to your
Bank to collect taxes and the Bank will turn the money over to them. They
will do this without you being given your day in court as Sec. 11(d) says is
your Right. Since the Constitution says the Federal Government has no Right
to collect a Direct Tax, is the Bank aiding them in a fraudulent theft? Do
you feel this violates your Sec. 8 Constitutional Right to be secure against
unreasonable seizure? Do you feel that Revenue Canada's brow beating tactics
violate your feeling of security of your person? Do you feel that anyone
that is imprisoned for not paying a Direct Tax to the Federal Government,
has had Section 9 of their Charter Rights violated?

Q. Can you recommend a good reference dealing with the subject of Federal
Income Tax?

A. An excellent resource exists in the form of Robert A. Marquis' book
entitled;   "Fraud Deception Manipulation"
ISBN 0-9684802-0-9

You have Rights as a Canadian Citizen if you have the Courage to Stand Up
for Them. Canada's Tax Laws need not be Revised or Reformed. WE DO NOT NEED
A TAX REVOLT. We would have NO PROBLEM IF REVENUE CANADA OBEYED OUR CANADIAN
CONSTITUTION!!!

Protect your Constitution and it will Protect YOU! Don't automatically think
of what the Constitution is trying to give to the Government when you read
the Constitution. Think of the Love, Peace and Harmony your Parents and
Grandparents would want for You. Is it possible the Forefathers of our
Constitution were trying to leave their Children and Heirs something they
wanted for themselves; Rights and Freedoms!?!

The TRUTH be Yours Always to Hold High. PLEASE SEND COPIES TO YOUR FAMILY,
FRIENDS, MP AND MLA.

Post your opinion in this matter on line in the local Riverbend Newsgroups!
In your Internet Browser type this URL:
news://datamorf.net/canadiantaxes


--
Jim Townsend
Dr. Computer Corporation
mailto:dr_c@dr-c-datamorf.com
(403) 703 - 4978
http://www.dr-c-datamorf.com You can get more information about DataMorf or
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